THE

TRYAL

AND

Condemnation
«tam fltbnmaa Maugham

FOR

lgh Treafona
In Adhering to the

FRENCH KING,

1 And for Endeavouring the Def’trué’tiOn of

His MajePty’ 3 Ships 1n the N 0 R E.

Who upon £1111 Evidence was found Guilty at the Seflions—
Houfe 1n the Old—Baily oh’t'hc 61b. of NOVemb. I 6 96 "

 

, With all the LearnedArgu uéents of the King’s and P1 ifoners Coun-

cu, both of the Civil and Common Law, upon the New A8: of
Parliament for Regulating T041: in C afl: of Hi3]? Trad/072.

 

Petufed by Sir Charles Hedges, Judge of the High Court of Admiralty- , 1 '

the Lord Chief juftice Holt, the Lord Chief Juftice Trek), and the
Council Prefent at the TRYA L.

 

To which is Added,

Captain Vaughan 3 ¢ommiffion at Large, which he had
from the French-King

As alfo an Account of the TRYAL of yobn 'Murphey ,
for HIGH T'REAS ON.-

L 0 N j) 0 N, '
Printed for 701711 Everingham at the Star near the Wei):-
' end of St. {311118.169}

 

 

 

 

 

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Mm
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Die ” Sabbath trlcefimo 3111110
0&obrls Annoque eg. 1 Rem 5
813  , 1111elr111 Viieavo 1’

que Domml 1.696. 1- ;

   

The Cozirt heingfdte, 4t which wereprefent Sir Charles Hed es \ i '
fudge of the Hiah Court of Admzmlty, Ihe‘ Lord Chiefj’uflzce 1 ”
Holt the Lord oChiefj'uflice Treby, the Lord Chief T411071 ‘
Ward, Mr. yuflice Turton, and others Of his Majefizes',
Commzfl‘oners. I he CourI proceeded on thzs manner. ‘ '   ”

9.:.

AKE Proclamation. ' ‘
0 Yes, 0 yes, 0 yes. All 77242272137 of Perfom ‘
#74: 4m 44] thing more to do, 86C 444’ were ‘
Adjozzm’d to this How, dm1v new”, 434d gwejour
Attefidmce. Go‘d fave the King. 1
Then the Gzand Jury were call’d ove1, and Ihe Appearances
ma1k’d And Witneffes being Sworn in COurt to give Evidence
. to them, againfi T770244: V Mtg/1472, they wmhdrCW to hear the
iame. '
T hen the Keeper of Nehgizte was ordered to bring h1s 131110... ‘
I .1111161 711079245 V Mtg/9472 to the Bar. Which he did.- \ -
‘ CZ. ofArr. The. 174431414, hold up thy Hand. (Winch he did ,1~
'lhou fiandefi Indié’ted, (he. ‘
How fayefi thou, 7 ho V 44gh44, Art thou Guilty of the High. 5 ,
_ Treafon whereof thou fiandefi IndLC’teel Or Not Gu11ty ? e
T. V4zig hm. Not Guilty. ’
C1 of Arr Calprit, HOW? Wilt thou he Tr
T. V44gh44. By God and this Country .
Cl. qurr. God fend thee a good Deliv etance. .- ‘
And then the Comt proceeded to the T1yal of the Pymtes,
...;111d gave n0tice to Mr. V44gh44 to prepa1e for 111s Tryal 01;
£414.54 next, the 6th of November, 1696 ' 1

C1 of Arr.
Cry-er ‘

 

A2 Die

 

(4)

 

Die Veneris, feXto N ovembris, Annoq‘ue
Regni Regis Willlelml Oétavo, Anno-
‘que Domini, 1 696‘.

R‘TERg malleProclamaEim. ‘

X}
_ ' ..
‘ oh” .

:yeg, Q _y.e§,Q..y€S- 5A” money of Parfo 22).:
. ; .. ” we at} thinggion to do at... thisiWom gf yer
vwd Termini: Adjawié 0W it) this Do: 4W... VFW” géeey‘owr
Attefiddhéei "Andym S" “ '. .2 of the aft} of Londm,i§r¢tum’tha :Pre-
dept": to you direfied, afloat/Poi}? and Peril which wifitallgherfuzgo

 

 

'Then. the Uncle": t’flieit.iiii.3.return’d the Preéepts. «of... 5..
CI. of Arr. Make Proelamation. ' ‘
Cryer. 0 yes. Too good Men of the Cit} of‘vLondon,‘ Sammoh’d
to appear. 53.73} mg; D9, to try hotmeen our Sovereiggz Lord the King;
and the. 'Prifozzer a: the Bar. - fizz/moi to your Nmegw J0“ vflm‘zl- be.
col/ed, ' keg/tone [git-the fir]? €411.54”th fim'yoor-imoetii
TlIQ’WhO-le \Panneli—was' eall’d over, and the Appearaoees . of
thofe that anfwered, ‘Recorded,,. and the Defaultets. Were again
call’d over. , ‘ . ' . ’ '
\ Mr. Phipps. Will " your Lordfhip pleafe to order? that» two .
MeiLmay be brought from the Morfhzzlfm, in behalf of the Pri-a
foner .9 ‘ " . ' »
L. C. 3.-Holt. You {hall have an Order. _ ‘ , ,
Then the Court went» on the Tryalof theQSIix ‘ijes, ‘and'
after the Tryal was over, Tho.‘Vaoghm was >,c§a“ll"d to the Barr.
“T. Vdizghm.‘ My Lord, my Irons are very uneafie to me, I ole-
lire they may be taken off. . ‘
L. C. 3.7Holt. ; Ay, ay, ,. take them 03‘. .
. Mr. \Phip‘ :. If your Lordfhip pleafe, we have fome doubts
as to the l’hdiétment. — - ~ "
L. C. 3".Holt. If you have any Exceptions, you ought to have
made them before thePrifoner pleaded to it. . ‘ . . .
[gr phi”; I thought you had allow’d it, my Lord, in former
Caes.‘ ‘ ‘ ' ' '~. , ‘ - , o
L. C. 3’. Holt. N 0, we did not allow it as of Right due to the
Prifoner ;’ the Exceptions 'lhould have been made. before the Plea.
You-were indulg’d in being heard at hill in the Cafes of Rook;
wood, Cranharoa, and Lowic/e, but it was not the intent of the Aé’t,
to alter the Method oh the Proceediriig; and" fo upon confidera-ti-
on hath it been determin’d.The~Pri oner hath time given by the ‘
A& to, make any exception totheIndié’tment before he pleaded,
but you may. move What you will afterwards in ArrePt of Judg-
ment, if it bematerial. , ' ' * ' '
' CI. of Arr. T homo: Vaughn», Thofe Men that you {hall hear cal-
led,- and Perfonally appear, are to pafs between our Sovereign
‘ . Lord

 

 

(5‘)

Lord the King, and you noon Tryal of 1 'our Life and Death; if
therefore you will Challenge them, or atiy of them, your time is
to {peak unto them as they come to the Book to be SWorn, before
they be Sworn.
j Mr. Phipps. There was one Man here that defird to be exam ’6,
, hecaufe he was on the Grand Jury , therefore 11: feems there are
fome return'd upon this Jury that were on the Grand Jury, Which . '
I think ought not to he , , .
L. C. 7 floit. Chal 1enge them then.
Mr. Phipps. We do not: know the Men
'11} en the Pannel was call’d Wet, and a great many Challenges
'made, and the I ae1ve Men that Were Sworn, were thefe.

Ed. Leeds. ’ 1 i Caleh Hook.
Natl). Green. Emeline Roherts.
Hen. Sherhioo’h , Tho. Worker.
70. Sherhrooh. H- rPet'er Gray.
Tho. Emms. (Roger 730/1071
T’eter Worker. 1 L "em-Woollen

CI. of Arr Ctyer, make ProClamatiOti.

Ctjyer. '0 Yes, If any one can inform m} Lords, the King t 7nflice's
the King s Serjeant, the Kings Attorney General, the Kings Advocate,
in his High Court of Admiralty, hefore this Ingneji he t‘ahen of the
Ifigh T reajbn, 1vhereof Thomas Vaughan, the Prifliner at the Barr, \

. [lane/s Ineliiiecl, let them come forth and they/hall he heard, for now
the Prifimer at the Bar {lands upon his Deliverance- ; aniLall others '
that are home] h} Recognizance to gine Evidence again/l the Prifimer
at the Bar, let them come forth and give their Evidence, or elfe they
forfeit their Reeognizance.

C l of Arr 7 ho Vaughan, hold upthy Hand. (Which he did.) You
that are Sworn, look upon the Prifoner, and heathen to his Cattle.
He Bands Indiade by the Name of Thomas Vaughan.

 

Whereas, T hat hefore anal lentil the 8th. day of 7141)! in the 7th. Tear
of the Reign of our Sovereign L075, K mthlltam the Third, there was open
War hetween our fine! Lord the King, and Lewis the French King. Ana’-
that the fair! War continued on the faial 8th Day of July, in the 7th.
T ear aforefaid, and cloth flill continue. And that for all the time aforc- -
flair], the fatal Lewis the French King and his thjec‘is, were, one! at

preflrnt are Enemies of our final Lord the King that now is: Anal that
at the time of the [aid War, anal hefore the fazcl 8th day chuly in the
7th Year afirefaid, the flzial lewis the French King, fit ant, among fl

others, a certain [mall Ship of FVarr called the Layer! Clencarty, of
which Thomas Vaughan, a Suhjet‘? of our fair] Lord the King that now ,

is, was Commander, with fe'veral French Suhjeo‘ls, Enemies of our fair!” "

’ Lorri the King, to the Namher of 15 Perfitns, in a Warlih‘e manner to
tale aan ole/troy the Ships, Goods, and Moneys ofonr firir/ Lord the King,

and his th er‘is, and again/t oar/air] tore] the K mg to wage W or upon

. B the

(6)

the 'High-Se’as, within the 7urz'fi’iflion of the Aalmiralt} of England.
And that at the time of the faial War hetween our filial Lord the [1’ ingancl

"the aforeflzicl Lewis the French/1’ ing, Tho. Vaughan, lateof Gal'lo- '

,way, in the Kingdom of lteland, Marriner, heing a Suhjec‘i of our find
’ now Lord the King, as a falfe Rehel againfl the [hit] King, his Supreme
Lord, and not having the fear of Goa’ hefitre his Eyes, nor confidering the
Duty of his Allegiance, that heing moved a‘nhlfeclucecl hy the infligation
if the Devil, and altogether withdrawing the cordial Lo've,‘ana/ true and
due :IOhea’ience which every true and faithful Suhjec‘i ofourjaicl Lord the
King, ought, h] Law, to have towards the fitit/ King; anal the faial 'War,

as much as in him lay, again/l ourfaic/ Lora] the King, Jeflgning analintenal- ~

ling to prqflecute ant] aflifl. The/alt! Tho. Vaughan on the filial 8th day of
July in the [aid 7th fear of the King, heing a Soultlier ahoarcl the fin}!
Ship of Wart cal/ea’ the Loyal Clcncarty, in the Service of the fizicl
Lewis the Wench 11’ ing, Anal heing then on the High-Seas, within the.
_ gurifa’ic‘iion of the Admiralty af England, ahont Fourteen Leagues from
Deal, and then ancl there hy force and Arms,fal/ly, maliciou/l}, wicket/l],
ancl Traiteroujly, aicl, help, and afl/l the Enemies of our faial Loni" the
King, in the Ship of War, called the Loyal Clencarty. And after-
wards the fizicl Thomas Va ughan, in the Execution and Performance of
his find aiding helping and aflifiing, Maliciou/l y Falfelj and Traiterou/ly

fltiled a Cruiflng to fever'alMaratime Places within the furifali‘t‘iion aflre-‘

filial, h} Force anal Arms to take the Ships, Goods, and M0778)qu our [ai'a’
Lord the King, and his Suhjeiis, again/i the Duty of his Allegiance,‘ the
Peace of our faia’ Lora! the King, anal alfiragain/t a Statute inthat 5,99.
matte and Provided. , ‘ ~ ‘ / , . '

, Ana! the filial. Jurors for our fatal Lord the King, upon theirfaz'd
Oaths, farther reprefint, ‘T hat the afirefaicl Thomas Vaughan, as 4
fafi Trayt‘or again]! our filial Lot-ti the "King, further ,a’efinging pmfli.
fing, and with ‘ his whole flrength, intending the common Peace and Tram
guilitfy of this Kingdom of England to ell/lurk Ancl War and Rehel.
lion again-[l the filial King upon the , HigheSeas within the furifclifiion
of the Admiralty of England, to moxie, flir' up, anal procure. And the
flit! Lore], the King, from the Title, Honour, Royal Name, 434,12"-
perial. Crown of his Kingdom of England, and Dominions upon the
Higheseas, to depofi and deprive, anal mi/Erahle flanghter of the sat.
falls of the. [hid Lord the Kings. of "this Kin elem of England, upon-
the HighrSeas, anal within the jurifcliflionafhrefaial, to caufe and pro-.

cure, on the faid 8th ela} of Jul y, in the [aid 7th I ear ofthe King, ”19--

on the High-Seas, ahout Fourteen Leagues from Deal, ana’ within

the Dominion-of the Crown ef‘Englend, and within the imp/mm of , .

the Admiraltycaf Eng-land'aforejhid, falflj', malicioufl}, devilzyhl , anah
tfegqhemg/ljj} force and Arms, with ”diners other: falfle Rehcls and
190mm, (to the Jurors unknown) War againfl our faia’ now Lore! the
Kiflg» prepared, promoted,“ levyecl, anal waged. ' Anal that the

fii'el Thomas Vaughan in performance of his faial War ant!" Re.-

hellion, then and there h)! Force and Arms, maliciou/l], wicked! ,
and openly, aflémhlediandjoined himfi‘h‘ with [want other faljefra};
tors and Rehels (to the Jurors 'kalw”) ’01 ”’5” wa‘?’ of F’f‘
teen Per/Ems, heing. Armed ancI‘Pro'videcl‘in a Warlihe manner,

with

 

 

 

~ on, the High-Seas, OE of De’aL’éfizifh "é

 

 

 

 

. ( 7 ) .
wit/a Gum and other Army, as‘well vqfeafl've asf'defiazive. Ami tljé
fiia’ Thomas 'Vzmghan, that: but] tlyere hag aéoart/ the [422/ Skip
0f PVaé', called tlae LoyaIICI‘ehcarty, afimékd‘Wt/a‘flaé at/Jer falfi
[€656]: aaa' Traytors a: aforaflzid, malicioa/l}, wicked/y am] Trayte-
roufly failed a Cwifing- to. fiveral /Marz'tz'me places, with tlye aforea
[2m] 5’be of Wm; called the Loyal ClenCarty, wit/9am mm: total’b,
fiat], am! carry away the Ship}, ,Gaatlsg and lMoncy, ' of our flit! Lora],
tlye mag; and his ‘Suéjfflf, 5} Force and Arms, upon tlae -Higl.~r and
0pm Seas, witbiat‘éeg jargft/ifiz'oiz aforcfi-z'a’, again/:2 the Duty Of his
Allegiance, the Peace“ If our fit‘ia' Lord the Kiaq, his CroamanaI Dig-
nities; and [than]? again/Z the Form of a Statute 7'12 this C'afi’ mat/e
and profit/6r]. I a ‘ l \

Thomas Noden,‘ Tr .
Samuel Oxdham} " 9’"

Ifipon this Indiflmam the .hdth been Afraign’d, an'cI‘fi-pdn' his Ar; 1
migfimcnt he 51th pleaded Not Guilty, and'for his Tryal he hath put

, himfelf upon God and11i5'0<§ur’xtxf_y, whichConn‘try you are. Your
, \ Charge iis to enquire Whhth‘ef he be guilfy of-the High Tréafon ,

whereof he‘fiands Indiflsd‘, d? [Idt Guilty. If You, find him Gui].

. ty, you are to enquire what Goods or. Chatt‘tls, Lagids" 9r ’Ten‘e-
fments he had at the time of the High_lTr¢a‘{od Cbmm'ifgbfl; 0? at

any time fincc. If ‘YOu find him n0:_Guil§y,jbu fire‘tb 'éflc‘ju'ira
whether he fled fdr‘vip. If you, fidd that” hefléd (of it f‘Yoflieaée', f0”
enquire of his Goodsgn’d Ch‘attels as if you had four!” him Gfiilty.‘

‘ If you find him no: Guilty, n‘br (bathe did fly'for it, 37611 ate/(b

fa’yfo, and no worse, and héfit your EVi'dence. .. ,

Mr. le‘itaken May it pleajfe you/my Lord, and ydu Géntle,
men of the Jury, The, Prifo‘qgi‘ at the Barr, Mamas Vaughan; fiands .
Indiflkzd for High Tre‘afofl, That whereas od. :11: 9th of 'I’al}, there
was a- War httween his Majefly the King of England, and Lewis
the French King; amongft other War-like .Prcpata'tibns,, that thé
Frenchin‘g did" make, he did. fet forth a Ship bailed, the’ Loyal Clea-
cart}; ThattheFrifoner at the‘Bar, as a fal'fe Tr‘aytor, did/“lift him‘
felf aboard this Ship ; ,Andbflxhe High-352s; about Eléveri'Leagu’es
from Deal, did'Trayfiéroufly‘ aid .the Kings Eném‘iés, to take Ith‘q
' Kifig’s Ships. This is.(ajd t6'bc agta‘infi the, Duty. Of his‘ Allégiahée,
and the“ Peace bf our S‘chi'ii ”n, 'lofrd' t‘hé"'1§i'ng, his‘ICr'b‘wn a'fnd
Dignity. ' He Hands Further I ,lfdiagbdg'fdr that], he”; fhfiffaifl Irma?
Vaughan, with feve‘ra'l ”Orhcffalfe Trayftbrs‘afifdfflIévywvaf51,ah’c’IAr‘m‘
themICIV'c's with Arms, Oflénfive‘ ‘éfifl Dflféd‘flVéf, ‘afidfgyfas‘pmifipg

.. ant .: tire rakethexg ~
Ships; and" to kin-- and 66%? fht‘. fifig’g‘fi. W’s, ééaihfigt‘fie’ flue
ty of his Allcgiéneeggnd‘ghe ’P’babe VOfg‘qr,’Sbv¢'ra‘/fij ‘fi I,ord tHé
King; h‘is Crown” a‘n‘d‘ Dignity; T6 this ‘Ifldiaifiéht é‘has' plead;

' m not" Guilty- Wéiman emour Withefffe‘sgafidproverhe Fats;

.and doubt net but you will do yomj Duty; "

B 1 . ‘ ' ‘ Dr. Littlef

 

 

 

 

 

 

 

r 8 ) ‘

Dr. Lz’irlcron. Gentlemen, of the Jury, you have heard the In-
dié’tment opened, and alfo what fort of Crime thePrifoner at the
Bar {lands charged with, viz. That he being a Subjeél: of the
Crown of England, has, together with his Accomplices, armed
himlelf in a Military way, to Murther and Deflroy his fellow-

Subjeas, and as much as in him lay, to Ruin his Native Counr i

try, by ruining the Trade and Traflick, which is the great {up-
. port and’ Riches of the Nation. And that hisCrime might be

,Confurnmate, He, with his ACcomplices, has done what in him“

I lay, to DethrOne, and difpofléfs his Sacred Majefly, as well know-
ing it was in vain to expeé’c to make the Nation unhappy, as
“long as we enjoy in Great and Good a Prince.’ 80 that you are
to look on the Prifoner as an Enemyand Traytor to his own
Country; and not only {0, but as one of the worft and molt
dangerous Enemies: Since he being a Subject of theft: lflands,
. ,was the better able to {py out our. WeakneflES and Defeéts, and
thereby to do us the greater Mifchiefl—‘g it. is not to be expreft,
what Ruin and Defolation it would have caufed to this. Nation,
had this Man and his Accomplices brought their wicked Inten-
tions to effeét ;, and all this Was doneto Aid and AfliPt the Grand
Enemy of Chriftcndom; and of our? ownI‘Coun'rry in particular,
the French King. Therefore as you are lovers of your King and
Country, and your Fellow-Subjeéts, Whom the Prifoner and his
Accomplices would have deflroy’d; I am fure you will take care
to do the Nation Juflice, and that he be brought to condign p“-
nilhment. Gentlemen, thereis one thing further that I “muft not
omit, viz. That the Prifoner'at the ’Bar being in Cuftody for
thefe very Crimes about a Twelve-month linen-did not think ‘fit
totrufl to his Innocency, nor to his pretendedyFrencly Extraétion,
but the day before he was to be Try’d, he thought fit to break
Prifon, Withdraw from Juflice, and run his Country: Which thr)’
not a Confeflion and full Proof, yet is a great Evidence of his
Guilt. ’ ' '

Mr. 301, Gen. May it pleafe your Lordlhip, and you Gentlemen.

of the Jury, the Prifoner at the Bar, Thomas Vaughan, flands In-
diaed-for two forts of Treafon. . The one is for ,Levying War
againft the King, the other is for Aiding and Abetting the King’s
Enemies. And "to prove. the firlt, the levying of War, we lhall
prove that he was aICaptain of a Franc/2 Ship, call’d the Gra—
aaclqof St. 1Mar’oes, and that with that Ship, he took and carried a-

‘way many of his Majefiy’s Subjeas, and took feveral Merchant .

- Ships, and carried the-m to, France. We {hall likewife prove that he
Was Captain of anather French Ship, call’d the Loyal Clancarty,
With which he was} Cruifing off Deal, where We had feveral Ships
ling at the fame time .- And, there, he being on Board the {aid
Syhip C‘ianmrty,’ was taken Prifoner, with, a Commiflion, by which
he wasConfiituted Captainof the Loyal Clanca’rt'y, under the Hand
of Lewis the French King.

(‘ f ‘ And.

 

 

 

 

 

 

 

 

 

 

(i9 )1

And to prove him aiding and abetting to the King’s Enemies;
we {hall prove againfi him this particular Eaét; that he and .his

Accomplicesdid in the Year 1692. come to London, and wentto’

Tower-Wharf, to enquire what Veffels were ready to go down the

'River; and there was One laden with Piece-GoOds, and. he put

himfelf, and feveral other of his Accomplices into this Veffel, to
go down the River; but they had Contrived thematter, and
brought it fo to pals, that they fell on ethoie Men who had the

government of the Ship, and carried away this VeITel' to France,

Now if this be true, theP-rifoner 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 perfefl Liberty, he
owned he was the Contriverflof all this, - and thatshea had arthou-
{and pound for his {hare of what was taken frOm otrr ‘MerChants.

If we prove thefe two Faé’ts againi’t him, I doubt nm but. You will .

find him guilty. . We will call our Witn-elTes. .
CI. of Ar. T. Eglz'ragtorz, Rich. Crouch, Sam. Oldham, john Bah,
Noa’ea. . . (Who appeared, and were SwOrn.)

' T. Vaughan. With fubmiffion to your Lordfhips, and the Honour— :.

able Bench, I beg that they may/be put afunder, out of hearing
of one. another. .. ;; - » a

L. c. 3'. Holt. Le: it be f0, though y" u cannot infifi upon it as,

your Right, but only a Favour that: we may grant. _ - » . .

Mr. C caper. Set up Richard C roach. Is your Name Richard C roach ?
_ R. Crouch. .Yes, Sir. .. .. -, . ~ ‘

Mr. Cowper. Give myL rd ~ andthe Jury an " account of ~ what
you know of the Ship Coventry taking of the Claacarty, and what
you. know; concerning the Prifoner at the Barin the taking of her.

R. Croach. we weigh’d our Anchor about foura Clock.

, Mr. Cowper. Where were you? . ' '

R. Crouch. At the Nora.

Mr. Cowper. In what Ship?

R. Crouch. The Coventry. After We had been underSail a/mat?

ter of an hour, we came to an Anchor with a little ~wind; f0, Sir,
this Thomas Vaughan met with a couple of Pinks, theymwere fmall
Veflels that he defign’d to take ; but he faw ,us,.and fo lay byallNight.
Mr. Cowper. Who lay by ? . ' '
R. Crouch. Thoma: Vaygharz, the Prifoner at the Bar.
Mr. Cowper. In what Veilel Was he? . ,
R. Crouch. In a two-and-twenty-Oar-Barge,. he lay by at the?

Ganfleet; the next Morning'we weigh’d Anchor, at-day-light ; we '
flaw him, and chac’d after him; and we made them, and he made

us, and we, made what hafie we could, ,. and coming up we fir’d a
Gun at him, and then we 'fir’d anOther, and then he wentafhore.

Mr. COWP‘V- What, do you mean that he run his VelIel‘on the Sands?“ ”

R. Crouch. Yes, and then we firedianother Gunat him, and then

he got off again; and then we fired another Gun, , andcould n0t .

bring him to, and thenhe got Off the Sands again; and when ”we
came up to him, we Mann’d our Long-Boat, and, Pinnace and
Barge, and had himiat Alafl'. When he came on Board, he faid I

_ . - ‘ C cannot

 

 

,4

( 1 o )
candor deny but I am an Iri/h- M777 and that my Defign Was to
burn the Ships at the Nore.
Mr. Cowper. Did he himfiflf confefs it’. P
' R. Crouch. Yes he did, that 15 the Man, I knOW him Well enoughg
L. C. 7. H017. You took him, in What Ship was you?
‘ “R. Crouch. In the Coventry. 7
L. C. 7. Holt. Out of what Ship Was he taken 9 - . . i f
R. Crouch. The tWo-and- tWenty-Oar4Barge.
’ L. C. 7.. Holt. What Ship did it belong to. i’
R. Crouch. I reckon it was my Lord 3777179’ 5 Barge.
L. C. 7. Holt. Who did it belong to then?
R. Crouch. To the King of Fruuce. .- ~ ;
L. C. 7. Holt. What Company was there mher, how many Men 1
had ihe aboard? . 1
R. Crouch. About five and twenty hands. '
M1. Cowper. Did you ever hea1 him fay any thing of a Commif'.» 1
lion he had. 7’ i
R. Crouch. I heard he had a French Commiflion, but I did not fee 1t. 1
Mr. Couper. Did you hear him fay any thing of it. ? 1
R Crouch. N 0 i ,
7 Mr. Cowper. But he told you his Defign was to burn the Ships at“ 3‘
1 the Nore. ? - . " 7‘
R. Crouch. Yes. . '
Mr C owper What Ships. 5" 7 ‘ ‘
R Crouch. The E77 glqh Ships , there were feveral Ships there then.
L. C. 7. Holt Were there no Frenchmeu abbard the Barge. 3’
R. Crouch. No, thatI can tell. ~ ._ I
Mr. Lechm‘ere. From whence did he come, from Eugluud, or Fruuce 2
R. Crouch. From Calico 1n F.7‘uuce '
L. C. 7. H017. Piifhee hear me, this two-and twenty-Oar Barge,
did it belong to any other Ship?
R. Crouch. No, not that I can tell. ~
L. C. 7. H017. Did he Call that VeiIIel the Loyal Clumurqy?
R. Crouch. IIII’es, my Lord. ' r
T 17777 Edmund Courtney n77: 77717—7.’
M1. Sol. G777. Mr. Courtney, pray tell my Lord and the Jury What
“you know of the going away of a Cuflom- Houfi: Boat. ? -
E71. Courtney. I Will tell you, if you pleaie.
Mr. Phipps. My Lord, I think they ought not to examine to
5 that, becaufe it 18 not laid 1n the Indié’tment. The carrying away
of the Cuflom-Houje Barge is not mentioned 1n the Indié’tment, andr
by the New A& for Regulatlng Tryals in Cafes of Treafon, no
Evidence 19 to be admitted or giVen of any OVert-ACt, that 13 not
expreily laid 1n the Indiéttnent. ~ 1
L. C. 7. Holt. Nothing elfe. ? Suppofie a Man he Ind1£ted for
Levyuig War againi’t the King, or Adhering to the King’ 5 Ene-
mie's, can ’t they prove any A& that makes Out a Levying of War, or '
an Adherence to the King’s Enemy. ?
Mr. IPhIz'ppr. With fnbmiflion, not by that A191, my Lord, unlelé
‘ it be laid 1n the Indié’tment.
L. C. 7. H717

 

 

 

 

. y L. g; at. Hgm‘éLnevyingof War .is the Treafon; may thcytiot

 

(3171 ) ._ , .,

' ,

prove that Levy‘ing'ot" War, Without being iconfin’df'to any {pacer

Or particular A& .9 \

i.

‘ ‘="“-—M‘r. ‘Phippyi. *T-With Tubmilfion, = by the 2 5 ’of E42. the 3’21. Letty;

ih‘g‘of War, asiwel'l'as Imagining theDeat’h of the King; 'mufl’

havethe Overt Aéisfi‘hataretO' prove it, exprefi in theiIndi'ciment; if
L. C 3‘ Holt. Levy-mg ofVVar is an OvertéAE’t. i _- f‘

' Mr. Sol. Geh.The bufinels of Overt-Act's! is, Wherethe Compafling“

and: Ima ining the King’s Death is the Crime and miefliw,*and this;
mul’c be ifcover’d‘by OVC’I‘teAC‘lS. But if the Treafo‘n be l-falfifying’

of the King’s Money, this is-Treafon, but there Can .ibeno Ove‘rte‘

A& of that, foi'r'thatis' an Overt—APE it fé’lf’, but, there mutt bead
Overt-Act to prove the Compafiing and Imagining theViDeath ‘o'f
the-King, andinno Other fort of Treafomj‘ ‘ ' ' ' .
L.C. 3‘.Holt. LeVying of War"'that1':i’s an 'Overti'Afa‘,‘ lb“ is,
Adheringlto the King’s Enemies. “Now Compa‘fling and Imagining
the Beat ofthéfKihg'is met an Overt-A8: in it felf,’ b‘Utv is a fe.
eret Ernag-inationiin the Mind,an—d a purpofe in "the Heart; butt-here
muf’c beexternalAas to dittover‘ that imagination "arid pflrfiéiéi
Mr.-Plyipfra What is the meaning of the New A&°‘it’hen, that
there flaall be no .~ Evidence of any Overt-Act, but what; 15 laid) in
L.C.3‘.- Holt. What OVert’aA‘fis are therein ‘Cl-ippingand Coyning?
Mr. Phipps. That is not Within the N ew LAét of Parliament.
*L; C. 3". Half. That is moittrue‘, the one‘is excepted, theothe‘r is
notcomprehended ; but the Qgefiion is upon the Statute cafe/5. Edm‘:
" d, to which the late A8: doth referr. 1 N ow proving the adherence
to the King’s Enemy, is proving an Overt-Act. Suppofi: it be the
killing of the Chancellor, or Treafurer, or Judge in the Execution
of his Office, what OvertLA‘Ets will you haVe then? Adhering to
theiiK'in ’s ‘Enemks, is aTreafon that confif’ts in doingan‘Overt-Aé’t.
‘ Mr. ’bzfps. Yes, my Lord, I" take it that it is for the New Act, by
flying-2174: no Evidence [ball be admitted" of an] Overt-246?, that is: not
exphfljlaid in t’ljé Indifimmg, mul’t be intended of fuch Treaibns, ' of
WhiChjby Law Overt-"A513 ought to be“ laid. Nowthe killing the
Chancellor, or Trealhrer, or Judge in the Execution of this-Office,
are not fuch T reafons of which it was neceffary to lay any Overt;
Acts in the IndiEtme-nt, and f0 ‘not'within' the meaning of this” New
Law. But Levyin 'War, and Adhering "to the King’s Enemies,
which are the Trea ons in this Indictment midi by the exprefs pur-
viewof the 25117 ofVEdm. .3. be proved by OVert-AQ'S, which are

to be avl-ledged in thelndiétment. — ._
Mr. Sol. Gen. The New A8: doesnot alter the Law ingthis par-‘-

V

ticular, what was" 911,2“: before, is Law now, it leaves the Overt— -

A€ts as they werebefore’; and it fays not, that an Overt-A8: need to
be exprefl', where it was not needful/before‘. ‘ . ~Now ifa ”Manrbe In.

dié‘ted ‘fOr Compafling the Death of a private‘Perfon, there might to '

be 'fome Overt-Act toprove hisiDefign ;' bht’if there befan Indi&—
ment' for Murther, there needs no'Other Overt—AB: to prOVe it,‘ but
the Mnrther it felf. - ‘ ' ' 1‘ -

' L.’C.3‘. Halt,

._;ir_~=~w.—..~_u.... .._..._.=.- .._.Li.._. .,

(12)

L. Cff. Halt. But the force of: the Objeé’tion liesfiinthis, «2222:. To
fay. a Man Levyed War, or Adhered to the King’s Enemies,
is no good Indictment; but it is neceifary to alle'dge in what
manner he Levyed VVar, or Adheredto the King’s Enemies ; as
that he appear’d in fuch’a War-like manner, or did adhere to and
, affil’t the King’s Enemies, by joyning Forces with them, or Other-
wife aflifiing them, or Confederating with them, that, muPt be fpe-
cified. But if you India: a Man generally for adhering to the .
King’s Enemies, and not lay how and in What manner he did ad- ‘
here to them, that is not a good Ind‘ié’tment; therefore if you par-
ticularize what Enemies, and how andin what manner he adher’d
toothem', no Evidence can be given of any Other kind of adherence,
but that Which is fo fpecified in the Indifiment. ,§

” Mr.Sql.Gm. Then we muft put all ‘ourjEvidence into the Indié’rment.
. . Mr. Phipps. So youmufi, as to the 'Overt-Aé’ts. = . g ' ,
3Mr.\Sa£.Gen. That will be the famething as; to putvin allour
Eyidence” if we mu’fi give Evidence of no; OVert-Aec butgwhat
is aprcfi in ici-Indifimenr. . Burl do not take it, that the A8:
féquiI‘CS all Overt-Acts tobe put in the ‘Indiétment.

- .Mr. Phipps. {The A8: lays f0. Suppofe you 11 d1 ,

Aét, would the Indictment have been good? ' 1 . ,. .
‘ Mr. 801. Gen. We did not intend to put in all the‘Over-Aé’ts, but

only what related to‘thaht part of the Treafon. j ‘ , ‘ 7 .

Mr." Bluffs. The T reafon mul’r be proved by Overt-AEts, and the
Overt-Aéjts that prove the Treafonr .mul’c be mention’d in the .In-
diamant.‘ . ‘ .. .1 .. fl. - a
‘ ~'Mr. Sal. Gen. What the Overtahé’t’sof the Trealbns before-men-
tioned, ":8 Counterfeiting the King’s Money, and the like, are all to
be mentioned? .; , . I ' ~_ ' , y ' \a

v 5 L. C. 3’. Holt. Confider, if you’can make that a goodlndié‘tmeug ,
to fay, that the Prifiane—r adhered tothe King’s Enemies, without ‘
mentioning any Overt-A813 to manifefi ' fuch an adherence, theh'your
Anfwer toqu. Pfippr is full ; butif it be not. a good Indié’tment,
without alledging particular Afis'of; adlierence,..f-then it necefl'arily
ibllows, : jthaytif Particulars are alle‘dged, and you do not PFOV‘? them
as is alledged, you haVe failed in the Indictment, and f0 hisOb¢
jeé’rion will lie hard upon you. ' ' '

ft out the Overt-

Mr. So,1.iGen.’My Lord, we framed our Indictment according to
the Letter of the Statute. . - , ~ - V. . . '

,y L. C. ,7. Half. In compafling theideath of the King, you mul’c ,
, ,gihew how that is manifefled by the Overt-Acts.- -

" Mr. Sol. Gm. But compafling and imagining mufi be difcovered
by fomeOvert—aé’cs. _ . 4 p . - " ,V

' , L. C. 3‘. may. This is a doubt I have often thought of, I thought
it molt natural that the Word ,,Owrt-afl {hould relate to the {int
Article, Viz. compafling and imagining oft/76 King’s Deaf/7: Fur Overt- ,
at? feems to be oppoféd to, fomething "of a contrary. Nature : At?
is Oppofed properly toT/zoaglat, Overt is pmperly oppofed-to ficret.
And thatfort of Treafon cenfifiing in fecrct Thought and internal.
Purpofe, cannot be known, tryed, and judged of, without being ‘
[DifcloEd and manifefied by fome external open a&. VVherefore it

15 .‘i

 

 

 

 

.-

( is.)

I is pertinent and Reafonable‘, in order to Attainta Man of fig}; Tree‘s
'_ ion, ..that_thelndi&ment lhould Charge and {et forth the A62, as well

as the rang/a. And fo it hath been ufed to {be done, , , _.

. But, {uch Order or manner doth not feern {0 natural or*nec6flhry,

in frainin Indiamcnts for other Treafons,‘ Where theTreafdr‘i con”;

{IRS in vifible . or‘difcer'nible Fafls; as" levying War, C‘fi'e. ‘ .
Neverthelefs iI thinlt an CVer‘t-Aél: Ought to be ralledged in an

Aid and i Comfort was given; , p ,   _ _‘

My Lord Cook declares his Opinion to this purpofe. His words Which
I read out of his Book here) are‘thefe. The Compofitz'o'zz and Connec‘lz’oa' of
the were]: are to he oéfier'u’a’, viz. [thereof be Attainted'by Overt Deed]
71223,.fays he, Relate: to the mm; Ram! diflz’aé? Tree/Ear, beforeexf-
preis’d, and #302111} to theeompaflag duel iMagiaation "of (be Deathof the

King, etc; for that it is ferret in we lsearr, (Ste. 'Now the ,Articles of ‘ ‘

Trealon, before expre/Z in the Statute of 2.5. E. 3.‘are four. I. Compaf-I

fingfie‘a 2.. Violating the Queen, 59%. 3. LeVying War, "and 4-. This ..

of Adhering, Ce’c. (And yet it is hardlypoflible to fer forth any 0»-

vert Aé’c concerning the ad; otherwife than in the Words of the Sta:

tute: That Article exprefling fo particular a limit.) ‘ ,_

‘I do ohferve are, that thefe words [Being thereof Attainteel 5} Overt
Fact} do, in this Statute, immediately follow this Article of Ari/raring,
65c, And it would be a great Violence to Conflrue them to refer to
the firfl Article only, and net to this lefl, to which they are thus con—
nected. . if they are to be Reflrained to a jingle Article, it 'weie-more‘

agreeable to the firiél: Rules of Confiruing, to refer them to this of ,

Adhering only.- i _

L. c. J. [Io/t. That which I infill on is this, whether the Indiétment
would be good, witlmutexprefling the {pecial Overt-Adi. If itebe,
then this is a furplufage, and we are not confin’d to it ; but‘if it be not
a good Indictment without exprefling it, then weare confin’d to it. .

Mr, Phipps. ’I believe Mr. Sollicitor never {aw—an Indiéitnent, of this
kind, without an OvertoAtfi laid in it. ' ' , , _

,L,(:. J. Holt. Can you prove the Fat‘lts laid in the Indifiment ‘9 for

certainly the Indictment without mentioning particular At‘ls of adhea i _

rance, would not be good.-
Mr. Cowper. Yes, my Lord; and as to the Evidence before you;

we would only offer this; whether in this Cafe, if the Indictment Were \

laid generally, for adhering to the King’s’Enemies in one place, and in
another place ‘ levying of War, and norhmg more particular, it would "

t be good 3 I doubt it would not. But when there is laid aparticular Ad:

of Adhering, we may give in Evidence matter to flrengthen the di-
reét proofof that particular Adi: of Adhering to the King’s Enemies,

' tho’ that matter be not fpecially laid in‘the Indié'tment : For the AC1

goes only to this, That the Prifoner {hall not be Conviétediunlefs
you preve againfi" him the Over-Aéts fpecially laid \in the Indiétment;
But whether it {hall not be heard, to make theother Overt-Adi which

is laid, the more probable. Now we have laid a fpecial Overt—’Aa in -

the Indiétmenr; and we have produced Evidence of it, and we would
produce Iikewife collateral Evidence, to induce a firmer Belief of that
* - - , x D . . fpecial

' Indiéi-ment of Treafpn for. adhering to the King’s Enemies, giving“
them. Aid and Comlort. .. And the Overt-Act, o‘r A615, inthis Cafe,
ought to be. the particular aéiions, means“, or manner by which the \

 

 

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at; I 1:.

3 ,1. - -._

 

l:

(14)

{pecial Overt-A131, by fhewxngyou that he hath made it his praaiCe;
during the War, to aid and mm the Kings Enemies ; But if the Jury
do not find him Ghilty Of the {pecial OVert-Aéts laid in the India-
ment, they Cannot find him Guilty by the proof of any other 0-
vert-A Aét no: latd 1n the Indi‘t‘lmentw But if we prove he has made
this his praetice in other infiances during the War, whether that
proof lhall not be received?

Mr.- Phipps. My Lord, I defire the AER: may be read. It exprefly
cont-radias what Mr. Cowper {ays, for it fays, That no Evidence lhall

be given of any Overt Aé’c, that is not exptefly laid] 1n the India-

merit. (The Ac? was Read. )

L C. J. Holt. Titans, you may give Evidence of an Overt-Adi,
that 1s not in the Indiétment,‘ if 11 conduce to prove one that 1s in it.
As confulting to kill the King, or raife a Rebellion, is laid in the In-

'difiment, you may give in Evidence an aéting 1n purfuance of a

Conlhlt, that 15 an Evidence that they agreed to do it, tho’ that d0-
ing of the thing is, of it (elf, another Overt-Adi, but it. tends to 1

’ proVe the ABE laid 1n the Indiéiment.

Mr. Phipps. The Overt~A€t laid to this lndi&ment,is his Cruiling in . .
the Clayton}. , and this Overt-A81 you Would prove, is no Evidence

.of that nor relates to it, but it is a difiinet Overt-A8: of 1t (elf.

LC J. Holt. You cannot give Evidence of ad1fi1n8c Aéi that has
no relation to the Overt-Aét mentionhd 1n the Indiéiment, tho’ it

, ihOuld conduce to prove the fame {pecies of Treafon.

Mr. Cowper. We would apply this proof to the Overt-A8: laid in
the Indiéi‘ment. .

L C J Holt. Any thing that has a dire& tendency to it,you may preve.

Mr. Cowper. We have laid the OVert-Aét that he did voluntarily
put. himlelt on Board this Vtflél of the From/a King, the Loyal Clan—

carry, and did go to Sea 111 her, and Cruii’ e, with a delign to take
‘ the Ships of the King of England, and his Suijeéis. Now part of

the Overt-Adi, is his, Intention 1n the Ail: of Cruiling, we do not
charge him with taking one Ship, In that his Intention 1s a Mem-
ber of the Overt-Aft, and it muft be proved, to make his Cruiling
Criminal, that he delign’d to take the Ships of the King of England
Now wet htnk 11: a proper poof of his Intention, to lhew, that du-x
ring this War, before anda ter the time ofthe Treag’on laid 1n the
Indiétment, he was a Ctuifer upon, and Taker oi the Kings Ships, \ ,
and this fortifies the diteéi: prool given of his Intention. ,

L. C. J. Hair. I cannot agree to that, becauie you go not about to

‘prove what he did 1n the Vefiél calld the Loyal Clzmmrty' , but that

he had an intention to commit depredation on the Kings Subje eas: '
So he might, but in another Ship Now, becauie a Man has a de-
fign to commit depredation on the King 5 Subje is in one Ship, does
that prove he had an intention to do it in another. 9

Mr. Phipps. He was Ctuifing 1n the Clancorty, that 15 the Overt-AG:
laid in the tndiéiment; and the Overt-A13: you would produce, 15 his
being in anOther Vefie l.

L C. J. Holt. Go on, and lhew what he did 111 the Claacorty. Y 011
the Prilon’er, will you ask this Man any (Lemons. >

Mr. Phipps. Crouch, you (aid, that the Pr lioner did fay he could
not deny but he was an [it/79 m‘;an how came you to tallt about 11°. 3‘

R. Croucb. He (aid, I cannos deny but I am an Inf]: Man.

i

 

( 15 J
L. C. I. H717. Did he fay he was an Irifl} man? What Were the
Words he ufed. 9
R Croat/7.117: told the Lieutenant he was an Iri/h Man. ~
Mr. Phipp: What Difcourfe was there? How came he to ray that. =1

R. Crouch. I went by Only, and heard the Words fpeken to the J

Lieutenant.
L. C. I. Halt. Did he {peak Englilh 9
R. Crouch. Yes, my Lord.

L. C. J. Holt. If he {poke En glijh, that is {ome Evidence he 15 an .

En glijh man, tho’ the contrary gmay be proved by him.

T. Vaughan. That would no more prove me an Engli/h-man, than
if an Englijh man were in France, and could {peak French, would
prove him a French man, becaufe he could {peak French.

L. C. 1.71777. You ihall he heard by and by to fay what you will
on your own behalf.

Mr. Phipps. Were there any French men on board the Clam-art}?

R. Crouch. No, Sir.

 

Mr. Phipps. Mr. Vaughan, 'will you ask him any7 (Lemons your {e15

. Mr. Cowper. Call T. Noden.
T. Vaughan. How did you know that there were no French-men a-

7 board. ? Did I addrefs my {elf to ybu, when I came aboard. >

R. Crouch. No, Sir.

I Vangan. Did I not addrefs my {elf to the Captain when I came
aboard. > How came I to tell you I was an Iri/h- Man. 9 > ,

-R. Crouch. They were all Scotch- -men, Englijh men, and Irifh 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 PrifOner own that he aaed by the Fr King ’sCom -
miflion 9 Did you know any thing of his havinga French Commiflion. 3

R Crouch Yes I heard he had 03% butI did n0t {ee1t butlheard

{o by the Company.
L. C. I. Holt. Were there any French-men a-boarde . -
R. Crouch. No, not that I knoW of. They were Dirtch men, and

» ,Englz'fli- -Men, and Scorch- men, and Tri/h Men.

Mr. Cowper. Call 7.1177777 (Who appeat’d and was Sworn.) Do you"

give my Lord and the Jury an Account of taking the Vcflél, call’d
the T too-anal Twenty Oar-Barge. ,
T. Noden. Laft Year, about Jane or July,t to the befi of my Remem-

brance, I belong’d to his Majefiy s Sh1p the 0777777}, and we took ,

the T 7170-7177711 Twenty-Oar-Barge. ,

L. Q31. Holt. How many Dutch men were aboard a

T. Nor/e77. I do not know of above one

a} T rehy What were the refl. > Were there any French Men. >

T Noden. Yes, there were {everal French Men aboard. I belong’d to
the Coventry. And as we were {a1l1rg by the Nore, and the Gunfleet, our
Captain fpy’d a {mall Veflel failing by the Sands, and he {uppOS d her
to be a French Privateer, and he {ir’ d a Gun to make them bring to,
and they did not obey; and at laft fir’ d a Gun, Shor and 11,1 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 ware

Mann’;d and they came pretty near them. This Barge we took, was _

aground alfo, and they got her afloat, and the run aground again:
And

 

 

,, ( I 6 ) .

' And asthey were aground, molt of them out of the Boat, our Long.
Boat flrudt- 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 wasetwo Dutch-Men, and, as

I apprehended, {ome Franco-men; there Was in her aBlunderbufs, and.

{mall Arms, and aconliderable quantity of Hand-Granadoes.
* L. C. 3‘. Holt. \What Vefiél was you aboard.> . .

T. Node». The C oveatr}. ‘ , .-

Mr’. Sol. Gen. What Country-man did Captain Vaughan fay he was?
- 2". Node». I did not hear anything of it. Our Captain Examin’d the
. Dutch-man. what Country-man the, Commander was, and he laid he

was an Irifb-man ; but I dvid’not hear it my felf. When Captain Vaug- ",

loo» was brought aboard the Coventry, I was put aboard the Prize we
had taken. -

Mr. Cowper. Had you any difeourfe withCaptain Vaugba».

7. Node». N0. .

L. C. 5‘. Holt. Did they endeavourto take your Ship ?

I. Node». No, but endeavour’d to get away from us.

L. C. '1'. Holt. What Guns or Ammunition bad they a ,

2". Node». .1 cannot tell particularly, there was fame Canvafs Baggs,

\ every Man had a Carteridgebag, and there were tome Hand-Granadoes.

Mr. Whitaker. What Fire-Arms had they? ..
_ T. Node». I cannot fay how many, but they" had Muskets and Piftols,
and twoBlunderbuflES. ,

Mr.Cowp. Did yen underfland whence this Ship the L. C [may came.) ,

T. Node». The Dutchman {aid they came from Calir. As near as I can
gage, we {py’d them about Eleven 3 Clock, and we :weigh’d Anchor in
the Afternoon, onSaMatb-rloy, and they took us to be a Light Collier,
and endeavour’d to board us, as the Dutch-man {aid ; but when they
knew what we were, they endeavour’d to efcape from us.

Mi.Cowp. Call Sam.Oldloam. (Who appear’d, and was Sworn.) Mao/J.
Ioam, was you aboard the Coventry, when the took the Ship call’d the
. Claacartjy 9 " '

Sam. Olollram. Yes, I Was.

Mr. Cowper. Pray give an Account what you obferved of the Prifono"
er I. Vang/ya» then 2 f ‘ ’

Sam. Old/Jam. We weigh’d our Anchor firfl at the Boy and None, (I)
we {aw 21 Min in the Morning, the Captain laid it wasa Prize, and we

. made Sail after him, and they ran on the Goodwin Sands; and theCap~
. rain {eeing the Barge run aground, we fir’d at her tobring hereto; we
fir’d a {econd,and {he wouldnot come to, but ran aground again. When

 

.lhe was aground, by the Captain’s Order, we mann’d our Boats, an d ,

out we went after her. _
Mr. Cowper. Did you take her.» . , ,
SamOM/oam. 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.
i L. C. J. Holt. What French-men were aboard?
Sam:01dbam. I cannot jul’tly fay whether there were any.
L. C. J. Holt. Were there-any ?
Sagm.~01olbam. I think One or two.
' Mr. Cowper. Were there any Dunkirkert or Walloon: aboard 3

Sam. Gila/roam.

an »...~,.~.-—-=-u{75 ~87.- "NW... '~' "'?".".‘., ,:," . . ‘ ' - - -- ~—~- , , .,_._..__,.._
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A 521222. 0121522222. "111616 Was a Dutchmah, who they CalPd a Flemmg, andI (hf / . L
cours’d him. ,
L. C. j. H012. How man" 02221222212172 men were there aboa1d? was there a
dozen, or how many ?_ , _ L . .
822222 01216222. I cannot fay the quantity. - ._ .4 .‘
M1 Cowper. Was there more than two or three1- ' , 1.
3_ ' 822.22. Old/22222. Yes more than two 01 three L g- " ,j ‘ 1
2 .L. C. :7. H012. What Forraigne1s .9 " . ' '2 L . ,
1. “ _- _ S2222. Old/222222. Yes. And there we1e two Engh/b-mm. . L‘ L?

M1. Cowper What did you obferve of the Prifoner at the Bar, at the take ‘ :
111g of the Ship? . , ~

Sam. 0121622222 I did n0t Comeaboard aIOng with the Prifoner, but with his L L
Man, and his Man faid he was an 122sz 2222,2211 that he was Commander 0f 7
the Boat. L .

Mr. 8011.624. What was their deIign 1n that Ship 021222222} 2
L 82222. 0121122222. I tanner tell that. 9 , . LL
,. M1. Cowper. Did they refifi‘, in their being taken. P . . V . L

82222. Old/2.22222. I cannOt tell that, I law no t’Arms. j “ ‘ '

M1. Cozhper. You were in the APtion, was there any refiflance made P. .

' 82222. 0121122222. I faw no 1efiI’tance, they ofieied to 1un, they Weie agiound
once and got off again.

Mr. 17/222125. You fay there were Foriaigne1s what Countiey-men did
you believe thofe F01 ralgners to be P ' .

1822222. 01212222. I cannOt jufily fay, I believe thc/J-mm.

L. C. 7. H012. How many Dutch-mm weie there ?

522222. Old/222m. 1 cannot fay. »

D1 01,212”) But you faid the1e we1e form two 01 thiee Frank-W22 and that
they 1 poke 172222222; do you Underfiand 172222212. 9 . .

13322222. 012175222222. N 0 Sir.

Dr. Oldifb. Then how do you know they Weie 22.122.222.11111 {poke
French. » L 1
1 , 822222. Old/22m. They faid they w e1e they did not {peak £222!sz feyeral of
the Ships Company faid they we1e 1222222.. . L
L C _7. Hol2. If they weie all Dunk-222222 and appea1 in a 11011112: manner
‘P ‘ againi‘t the King of Englamh Subie E’ts, they aie Enemies, tho we are in 21
’ League with Holland, and the 1eI1 of the Seven P1111ces. . L
_ M1 Pei-pp. T he Indifiment 111115, '1 hat the 152222212 King, qahamm Name-22:311.» i
.' — [4222 7202222, P116.Loyal Clancarty , 222m yum; 122227222225 [222722122222.G221252225 12222222- 0 .
i" ’ , '11: ' 222 1322130222 2222222 22122222222220” W Per 02222222222 22 Z: 2 12211922222022. 1 Lo. of ! 9 " f.
72 L W L. C 7.311212. Suppofe 1t deth. ' f P , *N

 

1.. Mr. Plyz’pp5. It 18 822621222“: Gallic-2'2, my 1.0121 ‘ _
L L. C. :7. H012. They W111 be Sub} e815 111t1at matte1, if they aPt unde1 11121»-~
L Commiflion: they a1e Enemies to the K1110 of 1322122221 and they. have mane -
themfelves the 172222212 King‘ 5 822272275 by that A61.
M1. P1241425. It appea1s nOt that they a1e 142222212-122222Lmy I 01d ~
I..C. 3". H012. 11 02222121222222 turn Rebe1s to the States, and take Pay of the
132622212 K222g,t11ey are under the French [Ciflg‘ 5 Command, and In a1 e his 5111111
}e&s. VViil you make them Pyrates when they at} under the Commiflion of
a Soveraig’n Prince? They are then 82122222 to him and Io 12222222 to us
Mr. P12271125. It (.1088 not take an ay their A116 iance to theii 1211121111 Punte
T hes mayb (To to 11 1e [122222.12 K220, and feive 111111, 1 et 1:112 1‘: does 1101 1.12111sz 11.1211 ' 1
1 If“: ' -9114?

 

 

 

1 18 1
Alleg1a11ce frem their Lawful P1 ince to the Freer/2 Kirg‘, and make them. his
Sub1efis. But howevei to make them Sub} e615 withm this Indifiment they
1111111 be $171262 5115517141 ,lZG‘ they 1111111 be P rem/11mm as Well as 81111112613.

L. C. 7. H011. Aéting by Ve1tue of a Commifiion 110111 the Erma!) Kiizg,
Will excufe them 110m being Py1ates, tho not 110m beino 71 1210-15 to their own
State, but to all Other Pringe‘s' and States againPr 11111101110 they do any A615 of
Hofiility, they aie Enemies, And then fei V1110 undei the 112/511!) Kings C0111-
miffion, makes them his Subjeets as to all othe1s‘, but their own Piince or
State. And tho they be 1101: Frees/1mm, yet they are Gd/[ibi 8115111211 f,01 1t 5
the Pram-«b 8111911811011 that makes them to be Gal/2:2 811551212. -

Mr. Phipps Pray my Lord, fuppofe a Sub1 e61 of 81211222 111011111 go over to
the French and Fight againfi Eag/md , I take it he may be termed an Enem
of the K1fig 111 England, tho his Prince be 111 League With ours, but wi 1
fubmiflion, he cannot properly be laid to be a Subjeét of the Freer]; Ktig; For
{uppofe an Indié’tment of Treafonagainfi a Foreigner, fl1’0uldfay, 11941 be being
a Subjeéf, did cammz’t T red/072 , and it be proved he is not a Sub1e<59r, With fub~
miflion, he muit be acquitted. .

M1. Cowper. The1e 1's a Local Allegiance While 111311: 111 the C0u11try,01 Fleets
or Armies 0f the Fr-wcla King. ' 1" 1
L C 3’. Hair. Dutchmen may be Enemies, notWithf’randing their State- is in
Amity With us, if they a& as Enemies.

Mr. Cowper. Call R. Bub. (He Was {W01 11) Was you aboaid the C wean y,
when lhe took the Clmcarty. 9

11.3116. Yes Sir. =

M1. 1 owper. Give an Account What you knOW of the P11101131 T/Jo. Vegg-
law, at the taking of that Ship.

R. Bub. We- came aboard the Co: 81117}, and were at the N are at Anchor
our Pennant was taken down to he mended. S0111 the Night Captain V aug-
[7472, with his two and twenty Oar Baige rounded us two 01 three times. In
the M orning We weigh’d Ancl101,a'nd fell dOWn 111 ordei to go to the Dams;
and we came up With them, and fi1’d at Captain VflZIUFJfl/"fl, and he would
not biing to. With that 0111 Captain ordei’d to have the Barge, and Pin-
nace, and Long- -,Boat to be mann’d, to go after him. They foliow’d him,
and at 1111’: came up With him, and came up pietty near, but c0uld nor come
f0 near With the L0ng-Boat,b11t Were fain to Wade up to the middl le 11 Mile
and a half. We hoil’ted our Colour's , in order to fight them, and bore

“”51 down {tili‘fipon them and they would not Eight 0111 Men. And We took
. them out, and when they came aboard, the Englz'f/ymw that was a P2201 was
my 111.3» 1 to have his F1 eedom, to Pi10te them 1113 the Rive1. He confefi 10 the.
Captain, that Captain Vaughan intended to burn the Ships; in the Haibour.
And the neXt day after the Pilot had confefled it, Captain Wag/11122 himfelt
Confei’t it on the Deck, that he came over with that delign. .
4 . M1. Cowpez. Who did he confeis it to. 9

11.31.17. To the Boat-vaain and Gunner, as he was 011 the Deck, on the
1Len-Board fide, that he came on p111 pofe to bum the Shipping in the Hab-
11011.

L. C. 3". Hall. Did he confefs that himfelf. 9 ,

R. Bub. Yes, my Lord.‘ ‘

I. C. 3". Holt. Whereabout was this ,at the Buoy 1n the N071. 9
‘ R Bub. In the Dawns, my L‘01d.‘ -

1 L. C . 3‘. Holt. W he1e did the Ships lye, that were to be burn’d?

.
J 5'1. .1 1"
II

‘-V

 

 

 

( 19 )
13.822231. At'Skeermfi. . V _ , ' '
Mr. Sol]. G222. He own’d himfelf to be an "124122222122, did be 1101 3
11.8225. Yes 1 5 1. . . .
Mr. C amper And that he came from @2222; .3
R. B226. Yes.
Mr. Cowper. Had you any difcourfe with him ab'CUt a Commifi’ion 3

R. 132212. N 0 But our Lieutenant and Captain had, bdt it was not in my .

hearing , I will nOt fpeak fu1the1 than I heard, and What I can )ufi1fy
M1. Soil. G222. Will you ask him any (medians. 3 '
Nit. PM”; No.

Mr. Soll. G222 Then C2111 Mr. 70. 0222222211222, Marfhal of Dovh‘r Cajlle.
(Who Was Swo1n) M1. 022222221222, Pray what did Iy‘ou heat the meoner at

hte Barr confefs of his dCfign 1n coming to England
Mr. 022222221222. I did n0t hear him fay any thing of his defign.
Mr. Soll. Gm. What did 11C COIIlf6183.
M1. (3222222221222. He confcf’t he Was an 127]me - " * f »‘ ' '~'~ '2 ‘
Mr. 147122222122. Upon what occaf on did he Confefs that 3 ’ i '

1

Conntt‘eyman he was

Mr. Cowper. Whata1eyo‘u?’ ' I

’ Mr. 0122122221222. 1am thC Marihal of 002022 C afile .

‘ Mr, C 012222. By what Name did he order! you to ChtC't‘ him 3
Mr C 222262221222. 7720222215 V2‘2‘2‘2'g122222 an Ir2fb2222z22 .

I! L. C. “’- .Holt. Upon what Account did you enter him 3

3 Mr. C 222222221622 AS a Ptifoner.

M2. Camper. Did he {peak any thing of a Comnufiion 3 .

'~ Mr. Crittmdm. I did not 11Ca1‘him fay any thing of that. 'j' “ .
A12. Phipps. Have you your Book her.e 3 1 3"
M2. (222222221222. Yes Sir. ' ' ‘ ‘ - ‘ '~

. Dr. Oldz'fly. Was he nm in Drink when 11C 12111111)? 7 j ., ; 3 ”

' Mr. 6222222221622. IbciiCVC hC Was not V61 y fobCr indeed \ ' M I
1117.1)klf105’. Did you ever after hear him fay 11C was an 1245222222 3 ‘
jl/Ir. 0222122221222. The next day he any’d 1t. ‘ ' 'i
2122‘. C011 2.2 When he had confide1’d the danger of it

M2. (3222222221222. The next day he was examin’d by 1211111201 the Juihces of

the Peace. 1
M1 811111.022 Was you by when he was examined hy the Iufitces 3-
BIB.C2‘22‘2€2221622.YCS., ..
Mr. 50/1. 6222. What did 11C then fay. 3
, M1. 022222221222. lhen hefaid 11C Was of Mm‘em. } > i 3' ’
' M2. 8011. G22. Set up M12B22/locle ( who Was fwoin) Mr. 822112121 doyou
I. now the Prifoner at the Bar. 3
M1. Bullock. YCS.
Mr. Sol. Gm. P1 av what have you heatd him fay of his Defign that he
came into England 101‘. 3
Mr. Bullock. He came to BMW about the 142k of 7221} 1693.311 I remem-
he1":I went With feveral othCi‘h, Who were hiought by the Captain Cf the
(‘3 (2: 22222}, and the Lieutenant, and fome Othe1‘.‘s And when we came thither,
11C 111C1C owned himfelf an Inf/92222122; but when he went the nut day to 11C

examined, he {aid he was of 21122222222212.1‘16 101d me he had that B11 5C 110111-

'3 1111‘ D111<COF Balls/@222, and cam‘eCn 111C (@1111 21111111 132.21 121121de 111*0 the 32224

21'!“ 1‘11“: they took him L,

Mr 022222221222. When I entet’d him lritO my 11111111,: 2131811 111111 What j , 3

 

 

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.— ..H._—.WV'W—wr~.~rwfl A .—- ~ ~ 7—7....“ .

( :20 J

L. C. 3’. Holt. Did you eve1hea1 hitn fay he had any Commifhon from 111 13‘
French King .3

M1. Bullock. Iknow nothing of that; it was late,and we d1d 110t examine
him then; but the neXt day, when he came to be examined, he Iaid he was
of fldaflmico. .

M’r. Sol. Gm. What did he fay his defign was. 9

M1. Ballad He faid, that Ieeing the Beatat Biz/[02022 he bought it of the
Duke of Bulloxgh and the Duke aSk’édV him what he would do with he1 ?

and he faid he would fit he1 up, and go and take a Slnp at Sea, that 18 upon '

our Coafis. .
Mr P11512195. We are in yoflr Lmdfhips Judgment, whethe1 we need give

any Ewdence f0r we th1nk they have not p10ved their Indictmehz F01 the

Indic'fméhc fets f01 tl That the F tench K2223 fitted out the Loy al Clanca1 ty j'

of which Thomas Vaughan my Commander and that wry 77¢th f1 Cnchmen
Suhjec’h of the F1e11cl1 thg,1178repzcc 012 ahoard. Now the firI-t Witnefs fwear:s

, there were no Frenchmen; and another Iwcars the1 e Was one 01 two , anoth,:er

that they were For1eig11e1s but does n0t believe they we1e Frenchmen .- So
there ]S no proof of that part of the Indiétment; n01 is them any p100f that
he was Captain of the Loyal 61mm}. 80 that none can fay, it is the fame

VeIIel mentioned 1n the Indié‘tment: N01 15 any AC: of Hoitility piOVed; for.

all the “7itneifes fay, that Vaughan newer pretehdéd to attach the/172, hut mm
from them. So that all they depend on, . to fupport the Indiétment, is to
p1 ove that he had a defiah co hum the Ship at Sheernefs: Which will not ferve
their turn; for the w01ds of the Indifiment are, ddpredgzim’um jhper 41mm ma-
re. Now Sheerhefi 18 not figper mm mm, but infra Corflre (ahzimcm and
then nor within the Indié’tment.

Mr. Cowper. The words, Ship’5 arSh‘eemefi, d0n0t1mply that the Ships lay
within the Town of Sheerhefl, but oh” 0f Sheermj/i, which is mm m are
' Mr. Phipp5,The111t is n0t in your Indit‘tment; {01 that fays at Sheerhefi.

Mr. Camper. NO, OH of Sheemefi.
M1. 8011. Gm. It is no cohnadiéftion, t0 fay the Sm is within part of a

Connty. ,

M1. Philip The I11di€tmentfavs, at Sheerhefi. . . . 1 g

M1 Soil. Gen. OEof Shecmcfi, is the High 564- i .

Mr, Phipp5. Shame/351s n-Ot the Buoy 1n the Noré Then you muf’c prove
he was Captain at this time. F01 the Indié’tment fays, Ad tum film Capra-
mu: (“2‘ Mi/e5. 1

LC (13’ Holt. one Overt A& of Adhe1 1111T to the Kings Enen1Vies,is that he
put himlelf as a Souldier on Board the Ship.

M1. Phipp. You will make one pa1t ag1ee with anothe1, that the Pram];
ang did fet. out a Ship, and gave him a CommiIIiOn to be Captain of he1. '

L. C 7. Holt. The W 1tnelIes ha e proved he aé’ted as a Captain. '

Mr Phipp5. He was taken, and me if he was taken, he mu’i 11211 0 his Com-
million with him.

Mr. S011. Gen Examinethe Ma1ihal, he took an Account of hi;n1 and by
direE’tion of M13Vazzahzm himfelf, he entered him as Captain . a 1d he enter’d
fevetal men in the Ship as Frenchmen, by theh own d11t&10n(M1.Crz;cemk;¢
was call’d) Mr. Critzehd'm, have you got you1 11111511 111 ..11c11 1 011 tnade the .
Entr ? , ’

Mi. Crittmdm. Yes, I have it.

Ur. Sol]. Gen By whofe Order did you enter them?

 

Er?

.Ba1. ,3

 

(21)

M1. Crzttmdm By the dir‘eIEPtion of Captain nag/2222, the P11fone1 at the

M1. Cowper. How did you know he Was a Captain?

M1. Crittenden Becaufe he told me he was Captain, and I enter’d him as
Tuch in my Book. . ., .

Mr. Sal]. G622. Captain of what. P ,

Mr. C nttendm The Loyal Clzmmrty. P ' '

Mr Sal]. Gen. Pray read youi Emmy in your Boole 3 .. .. ' '

Mr. C rtttendm. 7720222225 Vaughan, Captain, Inf/22222122, the 141% of 31211} 1695.

and To of all the ref: of the Ship’ 3 CseIVV.

Mt. Juftice T 2122022. Did you W1ite thefe 1n the prefence of Capt.- V'duglxm. 9
Mr.CritteIzdm. Yes, 1n the fame Roomwhete he was. .

1W. P12412121. Did you Wiite it by his direéPtion P ’

11424. 02121422211422. F01 his oWn pa1 t, by his di1eéPtion, and R31 the rel}, by their

dileétion.
L. C. :7. H011. Take all the circumf’tanees together, 11 1sg1eat eVidence, con-

» fidering what they were about, and What VeiTel they 112111.114}. Crittendw,

can you tell how many Ere/2212722222 we1e thete

Mr. Crittendm. I will tell you prefentl y ( he counts them 1n his Bonk) there
were th11 teen. 4

Mr. Soil. Gm. Did Captain Wag/2422 hear any of them bid you enter them
as Erma/22221322? '

Mr. Crittmde’n. I cannot be pofitiVe 1n that, I Tuppofe he did, he Was in the

fame Room.
C..? H012. Do you expeft WitneiTes fiom France, to teiiify wheiethey

'Weie Born and Chtiften’ d ?

,Mr. Phipps. One Witnefs fays tl1e1e was not one 17162211222221” there.

L C. 3‘. H011. NOt to his Knowledge. ‘ *
Mr. 8011,6677. What do you know of his haVing a 1721:2205 Commiflion P
.3421. Ballock. i did not fee It. 3 .; _

. Mr. VVMmker. Did he own his having any Franck Comrmffion P
Mr. Bullock. I cannot tell. .- - a
21424. Stu/lice Tartan. He own’d himfelf a Captain . I,‘ ' ~ ' ‘
Mr. Phipps. He might bea Captain in anothe1 Ship, but not in this Ship;

they ought to prove he was Captain at that time,3, 11:1 that Ship, by the Pram/2‘

Kings Commifiion.
L. C. 3.19011. All the WitheITes fay he Aé‘ted asa Captain at that time.

Mr. Carper. He own’d himfelf the Captain of. the Loyal (12225471). I

Mr. B2224. P0211211. What can be pla1ne1 than that he owned himTelf cap...
tain. P

D2. 0142/15. This Teems to me a Ivety {Range proof to be built only upon
the fayings of thefe Perfons, that they we1e hem/2222.422, and this toa man who
had no Authoi 1ty to examine them, When it might have been eafily p1oved.
111 a ICgUlar Way, in cafe they had been To 3 they might haVe been examined

b‘eime a Magifiiate, andl thereby 1t would have appea1ed thethei they WCIC’

French 01 no. And’ twas abfolut‘ely neeelTaiy 1n thiscaTe, beca UTC 01 the con
, traiiety of. the V\71tnei‘"es , f01 the {1111' Witnefs Taid, the1e W as no P246425: $142.22?
aboard; the next iaid theie Wete tWo Freda/2mm anda Data! 224 .422, and C221-
_ 13,252.)”. fiiid time were 1 g. NOW how can theTe be reconciled, unleis the1e

had been a Legal Examination of.- the PaitieS? But the thing W e W ould 1

chiefly an 1:11 is athis, 1 411111; they haVe fail3d din’ the 1 onndation of the 11122...
35 Ton

 

 

 

 

 

 

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(M,

tea ; tliafis, to prove the Prifenerai-‘Subjea of this CrOWn ;»- neither is there
the leafi colour of proof thereof. At N 1ght he came to Mr. Crireehdeh, and

' is in drink, there he fays he is an Irz'fhmah 3 the nexr morning, when he is exaa
" min’dberaee the Juf’tices, then he comes in akind‘ of Jud‘gmént, and then fuch

a confeflion would be of moment; but then he confell‘es h-‘i’rhfelf to be a
Frame/9mm of Martem’eo. Now, my Lord, what credit is to be given to thefe
confeffions, when before the Marlhal he Fhall fay, I am 472 Irz'fhmm; and the
next day, when he is on examination, he declares himfelf a Frenchman; in
one confeflionhe is. in drink, in the other fober ? Now, my Lord, I'fay,
what proof is here? Here then the Foundation of the Ween/oh fails : For the
Indianient is, That he heihga Szzhjee? of the Kiflg of England, levies W er.Now
my Lord, if this Opality be nOt proved, all the rel’r of the Indifiment falls to
the ground : for it is impoflible for him to commit Tied/10?}, where he is not a
SubjeEt, becaufe there can be no Violation of Allegiance. So that if he be a
Fremhmarz, as he declared befbre the Juftices. he cannor be guilty of Tree/83h.

So that herethey have fail’d in the Foundation of all a tharis, to prove him a

Subjea: of England. And becaufe they afl‘irm him to be f0, it lies on thofe
that affirm it, to prove it. But perhaps now they Will fay, that thefe little
confellions of "his will throw the burth‘en of proof on him. By no means;
when here is a Peronger prefumptiOn on the other lide 5, a meer extrajudicial
fayin to Seamen, that he 1;: an Irifhmm,‘ cannbt ballance his confellion exa-
mineg before the Jul’tices, wherein he fays he is a Frenchman; and f0, can ne-
verthrow the burden of proof on him. Therefore it lies on them that aifert
this,to prove it. But, my Lord, tho it dorh not lie on him, yet we" will prove
him to be a Frenchman, and born at Martenieo, by thofe that were at the
cliriftening of him, and have known him from time to time ever fince. And
becaufe they fay he can fpeak Englifh, if you pleafe to examine him, you {hall
hear him fpeak Natural French , fo that that cannot prove him to be a Natu-
ral Irzyhmah. ' . -‘ .
Mr. Phipps. Such aSaying of a Foreigner will be of no great weight; be-

caufe if a man go into a ForeignCountry, he may fay he is that Countryman,

to get the more favour. .

L. C. $11011: " What, to hang himfelf? .

Mr. Phippr. No, my Lord, a man that comes into a firange Country, may
very well think he {hall find better ufage, .by pretending to be of that. Coun-
try, than by owning himfelf to be a Foreigner. But we will prove" Vahghan
to be a Frenchman]. Call Rohert French. (Then Rah. Freeze-h was fworn) Mr.
Preach, Pray give the Court and Jury an account, whether you know Mr.

- pfeeegheh, the Prifon/er at the Bar, and how long you have known him, and

/

what Countryman you take him to be, and the Reafon why,

Rah. French. .I have known him this I 4 years. '

Mr. Phipps. Where did you fee him then ?

Rah. French. I faw him in Saint Chriflophere.

'Mr. Phipps. Pray give“ an Account how you came to know him.

Rah, French. AbOut 16 years ago I was at Mount-Same, and] came to St.
Chrzflopherr, and there I" chanc’d to come into Ehglt’fla Ground, among the Fa»
étors ; and fo they brought me to the French Ground 5 and" coming there, I
wasin company With feveral others that Night, and it happened I was told
there was cne Mr. Vaughan theres and'I coming acquainted With him, he
fliewed me this Youth (he was a Youth then) ; He told me he Was his Son.

- and recommended him to me, becaufe he look’d - on me to be a man m‘trufi

and bulinefs. , hit

 

 

 

.h

 

(211

Mr. Phipps. From that 111111: What has he been reputed 5

Rah. French. A Sea-faring man. .

Mr. Phi/2px. But What Connnyman. 9

Rah. Frehch. To be bor 11 1n Martemca. '

Mr. Phipps. In whofe Dominion is that? 1 “ - ‘ \

Rah. French. In the French King S Dominion. .

Mr. Jufiice T urtah. What occafion had you to difcoitrfe of the place of his
b11111

Rah. French. Becaufe his Father was look’d upon to be a Frenchman.
Mr. Juliice Tartan. His Fathe1 was a Freachman
Rah. French. Yes, my L01d, and lived at Martem'ca.
' 1M1. Cowper. HOW old might hebe at that time?
Rah. French About fifteen or fixteen. ‘*
- Ml. Camper HOW came you to be talking of his b11 th and with Wham. 9.‘
'1' Rah. French. One that was talking with me, told me, his Name was laugh-"-
cm, and that he was born the1e.

M1. Camper. What introdhc’d this difceutfe? How came he to t‘eil you this,
that ne was born 1n that place? ,

Rah. French. His Father told me f0- »- 1

Mr. Camper. You were talking of one V wghan of his Name, HOW many
were in companV when there was th1s talk. :9: '

Rah French. I here were manyof them.

Mr. Camper. Name them.

Rah. French. It 18 f0 long ago, I cannot remembet them. ‘-
Mr. Camper. Name as many as you can of them, as many as you do remem-a
her .

Rah. Fremh. One Mr. Badikw, aFaéIor

Mr. C awper Who elfe?

Rah. French. Sevexal others.

, Mr. Camper. You named one Vaughan before. :=
, Rah. French. Yes, I did. 1- .. v

Mr. Camper. But you had f01 got him noW. '

Rah. French. No, there was one Vaughan. -/°

L. C. 7. Halt. Were there any more. ?

Rah. F.rehch Yes, there was. I remember the comfinny that went along

with me.

L.C. 7.11111. Who Were they .9 ' ‘

Rah. French. There Were feveral Pall'engers that Went over With me“ '

L. C 3’. Halt. How came you to talk ‘01 this man s Nativity. 9

Rah. French. Becaufe his Fathei faid, he had not been oute‘f the Ifland in
do years (at which the People hing-ht.) - 9

M1. C wafer What place was this difcourfe 1n 9

Rah French. At St. Chriji‘aphers. "

11136017117. .. HOW did his Father? 5 fayang, he had net been out of that
Ifland in 20 yea1s, prove his Son Was berm. there. 9 _ “

Rah. French. Becaufe he recommended 11.1111 to me as a Sea—faring man.

Mr. Cowper. What 15 that a Reafon at 9 What 15 that to his being born at
Marlemca. 9

Mr. Jufiiee T tartan What Countryman are you?

Rah. I reach I am an frthman born.

L.

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1 L. C. :7. H012. His Father acknowledg’d himfelf to be an Irifl2222222 born ”'
did he not? I
11 R017 Hem/7. No my Lord he did n01 fay Where he Was born: I do not
know.
4. Mr. Jufiice T2222022. Have you continued any acquaintance With M1 Mag/2-
- P 2222 fince .P How 1011ng 4d you fiay at St. Wkrylopherr P
, R00. French. I fiay’d but fou1 and twenty hours, to take 1n water.
L. 0711012. How long Was it after this, before you law this Gentleman
Captain Vaugkw. P
.f - *2 1102.212222]. I nevei faW him fince, till I faW him in L02221022. , (Then the
People laugh’d) I.
L. C. :7. H012. Pray Gentlemen have patience._ How do :you know now

that this is the fame Man, that you faW fourteen years ago P F01 there muf’t
, be a great alte1at1on in a Man 11110111 teen years time, from What was at that
time being but fifteen years of A g6 y
I, R00. Hem/2. I believe 111 my Confcience this is the Man. 4 ~ 4
1 .L C. 7. H012. Can you take it upon yOur Oath he 15 the Man 9 ,
Mi . Bar. P021223. In what Language had you this Difcoutfe. P. '

L. C. ‘7. H012. How long were you in company With him and his Father. P
-. R06.Fre222b.1 belieVe five Or fix hours . .j .3
' hir.B.2r.301v2'5 In what Language was this Difcou1fe with his Father 1’

R006. Franc/2. My 1.2,01d he {poke 5221:2142, a fort 0f broken Eng/412.

6“}. H012. Whe1e do you live you1 lelf. P .

 

 

R05.I~re22212. I km; in Ireland.) . .. - - ’ A , , .
.. L C 7.19012. How long have you liVed there. P I .
R00. 172222212. Nine 01 '10 en Years. ‘
“ L. C. 7.111012. VVhereaboUtin 1721222221. P
I R012. P22022212. In Commgbt. ‘
. L.C. 711012. Nine 01 Ten Years. 9
I R05. Franc/2. Yes, my L01d. I, _
Dr. L222122022. Did not Captain Vaagkan, nor his Father fpeak Irifl; to you
in that fix hours. P
1R05.Fre222/2.N0,my Lord. -
M1. juflz'ce T 2222022 Hovv long have you been in E22gla22d P
R00 Franc/2. Not aboVe tvvo 1‘1 onths.
Mr. 722fi‘2'ce T 2222022. Did you hear of Captain V dug/22122 being to be try ’11?
,R05. French. NO, my Lord.
fl/r 722/2222 T222022. How did he come to hear of you then. P
. R012. French. I heard he was in Town.
L. 0:7. H012. It 1s a firange thing, you haVe a moi’t admirable memory
‘ ' 4- and Captain Wag/2222 has as good a memory as you; that you lhould never
Iiave any intercourfe f01 font teen yea1s, and yet fhould remember one an othe1
aftei Io Iong a time; It 1s a vvonde1ful thing too, that when he could nor ,
Imov V you were in T onn, and yet {hould call you a VVitnefs on his behalf I
, lute he muPr have the Spirit of P1 ophelie .- . ,.
Rob. 142202225. He did not {end to me at all .4" . .' -. 7 i
L. c. 3‘. H022. 1:1on did you come to be he1 e then .7 ~
1{05.Fre222b.1 will tell you, It was my cufiom alvvays to go and fee P11.
foners and I hea1d theie Vvere Prifoners 1n Newgate fo I vvent to Nemgate
I and I met vvit 1Ione D2221], and I asked him of another Gentleman that was
ther;e and I vvent to the 0the1 fide by chance, and I met with Captain
Vang/52222. . . L

 

 

 

 

 

 

 

 

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(1.3' Halt. What was thy Defign P Why di dIi: thou Vif t A enegcfle?
Rah. French. Becaufe it Was my cufiom, becaufe it was an Aft of

Charity.

L. C. 7. Hole. Did you go to New nte out of Cl1a1 11yP

Rah. French. I went to Ice my Fg1iend, and canied a Letter to him. V I
W eat out of Cha1ity.

M1.Phip;>1. You we1e in the“ W e/h-Indcer upon the French ground; don r

they Ipeak Enah’fh on the French gioundi, and French 011 the Eaglifh giotmd. ?

Rah. French. Yes.
M1. Camper. So they do here. Did you ever fee Captain Venghnn before
that time. ? . ’
Rah. French. N0.
M1. White/gar. Did you viIit lately any other PriIoners 111 Newgete, beIides
Captain V Meghan .9 ' '
Rah. French. Yes.
Mr. Whichher’. Give tl1ei1 Names
Rah. French. I have yifited Mr. Noland, and ahothe1 Gentleman that 1s
with him, and I went into the houfe and d1 ank with him theie.
M1. Whitaker What 18 that Other Gentlemans Name ?
Rah. French. I do iiotiemember his Name at prefent, but he 18 a Compa-
nion of Mr. .Nolands. \
Mr. Whitaker. Do you knoW him if you fee him P'
Rah. French. I, I would.
L. C. 3’. Treh}. How lOng have you been 111 England ?
Rah. French. Bot two Months.
L. C. 3‘. Treh}. Have you uf‘ually viIited Prifoners 111 foimer years?
d Rah. French My Lord, wherever I have been, it was my whom to
0 I0.
L. C. 3'. Trehy. But how dOth 1t conlifi, that you, who are an Irifhennn,
Ihould come hither to vifit Prifoners 1n Nemgete P
Rah. French. I can prove undei my Lmd May01 of Dnhh’n: hand, that I
came here upon buIinefs; and I went to the Prifon to vifit the Prifoneis Ior
Charity fake, and did beIi'ow it according as I was able.
, L. C -.3’ Hole. You had beI’c flay theie, t)and notgo away. foi we may have
occafion to ask you fome quefiions. ’ ~ ’ * .
Mr. Camper. Do yOu nor ufe, OUt of charity, to be evidence for them ’
Rah. French. No, never before now in my Life. ' ’
Mr. Whitaker. What Other Prifons have you ViIited,‘ befides Nenegate P’
Rah. French. Idid Vifit none. ,
L. C f‘f.1‘reh Had you no Charity f01 other Prifons _ 3
Mr Bar. P0112121. When yOu Io 11F t Prifons, on what Account 15 it? Is it to"
“give Ghofily advice 9
R.ah French. Upon a Cha11tabIe Account my L01d
L. C. 3‘. Halt. GhoI’ily Advice, is Charity . " ‘
Mr Phipps. W he1e1§ M1.-Leflenr? (He did not appear 2 Call M1 Gala.
( who appeared) ‘ 4 ,
CI. of Arr. That Man IS attamted 11111: pardoned ‘ ‘
MI. Phipps. Mr. Gold, how. long have on 1111011711 Captain Vaughan P
Mr.Gald. I never kneW Mr. Vaughan efore Ifaw him in the Marfhalfin ‘
M1. Phippr. Is Manfienr Leflenr l1e1e 7’ Is M1 Bah e211 heie (Mr 0617!!!)

appeared and was Swom.) .
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«Mt. P152}; 5. Do you know Mr. Vang/ma, the Prifoner at the Bar? " ‘ . ‘1
Mr. Dam). Yes. . .. - -
Mr. Phipps. How long have you known him?

Mr. De/yerty. Five Years. . , p _ l‘ 2. p .

Mr. 13/742105. What‘has he been reputedliall along, fincegyou have known 2
him ? . “ \ , ,

Mr. Deberty. .. Franc/9mm. ' . 2 ' ' '

‘MnPlazppr. Did youknow him in Frame 9 ,

Mr. Hebert}. Yes, and he was reputed a' Frenchman there; ' »,
Mr. juflz‘ce T 11mm. What occafion had you to enquire into that, the place
of his Nativity ? ~ - , ' ‘2
Mr. Deberry. I did not enquire at all, and one thatuwas his Servant, was
my Comrade a great while. . . - , y §
Mr. Phipps. Now we will prove where he . wasChrifiened, , by one that
was at his Chrifiening, Mr. Dafiz’ne. (He appeared, and flood up, being
Sworn, and fpoke in French to the Court, pretendinghe could not fpeak’
En [i . . - ... . . ‘ -
£435.)? Holt. If he cannot fpeak Englifb, .theremufi bean. Interpreter. ~
Mr. 8011.66”. They mufl find an Interpreter, he is their Witnefs. 2
Then a Perfon in Court f’toOd up, and told the Court; he could {peak Eng-
lifb as well as he, that he had been a Bailifis Follower for feveral years.
L.C. 3’.»Holr. . You can fpeak Englifb, can you not ?, '
Mr. Dar/Ema. I will fpeak as Well as I can. ,
ang: Meflénger. Iam a Mefl‘enger to the King, do you not know me?
Mr. Dig/Irma. Yes. ' 2 I 2
L. C'. 3’. Holt. Prithee fpeak Engliflj. ,
Mr. Dafcine. Asvvell as I can, my Lord, I will fpeak. 2
Mr. Plaz’ppr. Are you ivam ?
Mr. Da/éz'm’. Yes, my Lord. \ ~ _- ~ 2
1%. szpps‘r Do’you knovv Captain Vang/1m? ‘ ' ' ' ' I
M'r. Dajiirze. In 1669.1 Was ”in Saint Claw/20pm“ 5 "I vvem: from R1704”, an
from thence I Went vvith Hats and Cloth to Creéeck, and had a Letter tonne
Tho/mar Williams, a Factor in Martem'w. And after I had done, as I Was. bo-
ming avvay, Mr. William: defired me to go to aChriflning, a mile and Half
from Port-Royal. He told me, there was one Miwag/zm had~ a Plantation,
there, and defired him to be Godfather. Andabout two days after, I went
from PortaRayal to St. C brifloplym again, and _,I came to R6042: again in a Ship
called. St. 70/4017. 80 in '1 677, I went to St. C brzflop/aerr again, and from thence.
to Marteairo, to Mr. Williams; I asked him, what is become of that Young
man we were at the Chrifiening, and f0 he ,lheWed me him that is here (point-3-
ing to the Prifoner.) _ ' ' '
L. C. "".. HoZnThat was in 1677. 7 ' ' _ ', 2 ‘ y , - .
Mr. Dafcim.‘ In 1677. * So. I came from Port-Royal , I went- to St. C Ian/fay
fbem’, and f0 took Sail, and came toszce again. And 13 Years agol'wgm
' to St. Clara/110121962”: again, and to 'Mawztfi’mt, and Marten/to , and f0 whenI was
at'Martem‘co, and asked Mr. Williams of this'Young man, that I was at his
Chrifiening, and he faid, He is at fuch an Houfe, and I fawhim there. 2
L. ‘C. j. Holt. Thirteen Years ago. 2 ,2 , 2
Mr. pafcifle. , And We went and drank Punch together, and I came backfor

 

s

3504'”- . ' ~ ..
L.;C. 3‘.‘-Holr. VVhen did you fee him fince that?

"1-5..
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1211

Mr. Dafc’im. Never till Ifaw him here a Prifonei‘.

L. C 7.111011. How doyou know he 15 the man? ‘ ‘ ‘

Mr. thcz'he. He has a bruife 1n his fide. .

Mr. Phipps. What was the Gentleman’ 5 Name, at the Chr1fining of wIiofe
Child you were 7’ -‘ . ,

Mr. Dag/Ewe. Thoma/5‘ Vaughan.

M1. Phipps. What was the child’s Name ?

M1‘.Dh/cme. Thoma: Vaughan. '

Mr. Phipps. When you went the next time to‘ Martehico, did Mr. William,-
you fpeak of, that was the Godfather, prefent this Perfon,’ Capt. V hug/71m to
you, as the man who was then chrif’rened. ?

Mr . Dafihre. Yes, the next time. .

Mr. Phipps. Now is Captain Vaughan, that hands at the Bar, that very
Gentleman. ? _

Mr. Daflim’. I am fure 1t is he.

1.. C 3'. Holt. You fay this meeting was about 1669.

Mr. Daftine. Yes.

M1. 80!]. Gm. Pray What was the reafon you were fo inquifitive to know
what became of that Perfon that was chrifiened When you was there?

Mr. szcz'ne. Becaufe I being at the Chrifiening,I ask’d him how the child did.

L C .7. Holt. How came you to take fuch extraordinary Obfervation of

i that child. ? Was he fuch a remarkable child. P

Dr Newton. Where were you born?

Mr. Dafcme. In France. ' .

Mr. W maker. What are you?

Mr. Dafcirxe. A Barber by Trade. '

L. ( .3’. Holt. What Imployment have you P

M1‘.Dafcz'rze. An Officer 111 the Marihal’s Court fometimes- .

Mr. Juf’rice Tartan. What was this man’ 5 Father, what fort of man was he?

Mr. Dafi‘zhe. Atall man.

Mr. Bar. Pow»). What was his Father’s Name?

I Mr. Dafcjhe. Thomm Vhaghm. ..

Mr? Jufiiee T M70” Was his Fathe1 liv 111g when you was there the fecond
time

M1. Dafcz'he. The hit time I was tI1e1‘e I did not fee his Father but Ifaw his
Fathe1 the fecond time.

M1. quhceT 1171077. But you faw Mr. PI’il/z'amr, his Godfather? '

1.0mm. Yes . .

M17. Phipps. Call Simon Darrmrzrm.

Tho Vaughan. My Lord, he1s fish, and not able to come out of his bed.
‘ M1‘.thpp5.CaII Frmm Harvey (who was {won}. )

Mr. th'ppr. Do you know Captain Vaughan .9 ' ‘

Fr. Harvey. Sir, In the year 1693. I was 1n 11mm, with one Captain Berra:
2‘66, 11 ho w as taken Prifoner 1n Aggy}? the fame year, and my Captain he had
the liberty to go up to Pan's with 21 Guard for his pieafure, and to learn the
Speech. And, as it happened, weeame to lodge 1n a fireet, called, Dolphin-

firm, at the fign of theCrown. And there was fome Gentlemen, that were .

there to learn the Speech, that were my Countrymen and there was a Young .1
man there, and he was acquainted over the way, whei‘e this Gentlemanfiapt.
Vaughan lodged; He lodged at his Aunts, that fold Silks, her Name was Man
dam Worm», Ifaw this Gentleman the1e; I am fure“ 1t is he; and. With that
I came acquainted with him, as well as the 1 ch 1111.

1.: “I 4:4 r . 4,. -
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Mr. P12215125. What washereputed 111111 9 ' .
' Pr Harvey. A Captain of a Ship. -
Mr. Pbipp5. VVhat did he go for there. 9 .a frenrlmw or an Egg/47mm 01
5111 Infbmm?
. Fr. Harvey. He went 161 a Erma/2771422, as I hea1d, One time his Aunt {he
laid, that he w as born' 1n the Vi g/l India, at M4rten1ao, and that he was her Si-
fiers Son, that l1ved 111 Mm'tmica. ,
Mr.Sol. Gm. You fay he wasa Captain of aShip , what Ship 9 . 1
-.-.l%r. hurt/4y ThatI cannot tell.- '
'_.7.Mr,8 8all. G122. VVhen Was that 9
Fr. Harvqy. In 1693.
Mr. Pbippx Is M1. Le fleur heie.‘
U. of Arr. He 13 a PrifOner 1n the Sway , he was taken in the fame Ship

with Mr. Vaughan.
Mr. Pbippg It 18 1eafonable he lhould have been here, to give an- Account

of the Prilonei.
L. C. 7. Hall. Then they fhould haVe taken care to have had him here

Have you any more VVitnell'es. 9

Mr. Sell. C1421. I think We have given fuflieient Evidence that he 15 an 177]];
me: but new we {hall ‘lhew you that all your VVitnefi'es have given a very
exrravagam Evidence to prove that he 13 a Frenchman. All he hoped for was,
that the P1 ofecuto1s fer the King could not be able to p1 ove him an 179:]me
He believed there we e but 3 men could prove him fos that Was David Crag/1
and ’2 more; and f0 he writes to Dwid Crag/7, and tells him, Tim! 1215 lzfe mm in
124;; pan er 4nd be hoped 126 4224i the other 2 would not difcover it This David Cm, g},
was his Neighbom 111 Ite ’md; VV e will call him to prove that Capt. Vaughan

was boxn at G4llom4yin Irelmd.
Mr l/Vbz'ta/eer. And here' 15 his Letter under his Hand. Bring David Cray),

(who was fayom.) -
111.00.113.22. I defire, before he give his Evidence, he may look upon thofc
that have given Evidence about the Prifonel, one by one. (Then he lookt up—
on Rob. Dem/2). Mr. Crew/J, do you know him. 9 -
D4312. Cmgh. No.1 (Then he look’d upon the refi.)
M1. Cowper. Have you had any of thefe men come to you on a mell'age?
". D.Cr311gfi N0, Sir. *: 1‘ ,
M1. Sell. Gen. Do you know T170. Vaughan, the P1il'or'1er at the 1321.9
‘ D. Crag/J. Yes, I do ' _
Mr. Sell. Gm. How longhave youknownhim. 9
D Crag/7. Abou12 years.
Mr. Sail. Gm. VVas that your firfi Acquaintance with him?
1). Cre4gb Yes.
‘ M95011]. Ge». VVhat plaCe was he b11111 at, as you have heard?"
.D. Crawl: At Gdlowq 111 11411714. " .
Mr. Sell. Gen. Erom whom did you hear it. 9 . ~ ' .~ ' 1 1,
LD. Cre 4glz... From all perfoasthat I haveheaxd fpeak of him , ' 2 .
M1. Sall. Gen. Did he ever own to your-hat he Vvas born there 9 .7
- D ngigl7. Yes oftentames 1n my 1111111113.”.-
1 Mr.- 841le Did you ever receive a Letter from 1111: about your gitihg E~
violence. 111 thismatter 9 : 1 ~ - - . . ‘

D (.mmh YES, Sir. .

Mr. Sell. Gen. Do you knovv this Letter 9 (Which 111,115 lhovVn aim )
1),».

 

 

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-' -' D Creagh. Yes, 811.
Mr. Sell. G712. Do you knOv’v his Hand P
D Creztgh. Yes, I partly knovv 1t. .
MI. W hztalcr Did you ever fee 111m W11te P
D. Crecg-h. This 13 the Letter I received from 111m. ,_.
L. C. 3’. Holt. Read 1t Do you think 1t 13 his Hand? ,
D..Cre1¢gh. I canndt {Wear 1t; but I belieVe 1t is his Hand.
N 1 Phipps. Have you feen him Write. P
D. Creagh. I have {con him \Vrite feveral t1mes. . ,
L. C. 3’. Holh Do yon believe 1t is his Hand?
D. C reach Yes ,my Lord, but I cannOt fwear 1t.
' ' Then the Lette1 was read. ‘
To M1. David C reach in Newgdte, Thefe '
Mr. Creagh,
I have fame alfizmhce that filr. Whttaker hm: 770 W 7t77€fit to prove me 27 Shhjeil‘
of England hat you, 77777! T170 more, which I 17712 glad of 11777122111777} heart; I hope
I 72277} have 770727 againft me that wifh me morfe thanyo‘tt Mel C 17ft Etherington. If
M. Whitake1 hrw 7707 82170772107 yet, I hopeyott will not dfpecr agdiiift 7717. I de-
clare,7 if I 71727717077 7751172 722} sze, 121707117! [27] it 772 your hand. I 1772 like to he [5777
to Newgate thty D27}, 777771 77 7’7 lzhejou‘ 177221 [577225 777070 .7777 77m: 7777,1772 1176‘ 77217}
7207 talk together. fhe Dutch Dogs took from me Eleven Hundred Dollar: 772 77209-
777], which cert77772l )1 17077771 me more than the thought: of Death, 777.71 I value not
71 87777117; hat I hope 772 407' 57177}: to hefi7pj717ecl. I fear the} will keep me clog/e".
have all the lzherty 777777377777hle here to 117177, 127771 777} friends fuyerecl to [52 777e. I can
f )7 hathing that 77 comfortahle, hut that I 71777 7777’} 217ell772 healt 277271 nothmg comm~
721971, 7f my money come 772 7777271.. _
Fliday morning. ' " T. Vaughan.

Mr. P71171175. Is that Letter proved P That 15 mt to the pur pofe. Nor of any
weight COnIidering who proves it.

L. C. 3’. Holt. No, that 110ne could p1ove him a Subyeé’t but he and two
more P

’Mr Sa/l G712. We Will p1oduce only one Witnefs more, call Mr. 30.127777.
The Cou1t being informed by fome Gentlemen then on the Bench, that there
was a Gentleman then 1n Court one M1. R7777, Who being of Gallowqy , could
Probably give fome Account of the Prifon‘,er he was immediately called, and
required to depofe what he knows.

3‘0. R7 1777. My L01d, I am {01 ry I am called, Wheie Life 13 concerned,
when I came l1ithe1 only out of cuilofity , but the Se1vice I mm to this Go-
ve1nment, obliges me to {peak What 1 know now I am called to 11:. (Then
he was vaom )

1:1 Sell. G772. Do oyo‘u‘ know the Prifoner at the Bar P vvhatCountryman
is he _P

j Rice-7. I have knonn him a great many years, we Were Children to-
gether 1n the fame Tovvn, we lived 111 G4llmmy 111 17717725. I knew his Fae?
. ther, and Motl1e1'.,ai'1d Brorhers, and 3111715, and I remember him a Child,
as long as Ican remembe‘1 any thing, I cannot determme to a Certain num-
. ber of:3 yeais , andI remember him not onlya School boy, but alfo an Apr

prentice to one . "11'. C 0177717171. And I Wonder very thubh at What Mr. French
Iays, for b he Name and Place of his Blltl], h‘e' mull have Sworn What he:
knows to he othervwle For the French’s are a I‘atme 1n (12.77.11.711 1 his Fa-
ther was an l—IOnel’t Gentleman, and went over into 1771.772731n the Rebellion in
167,1. and he them maf'uied a W0111an,a Native of (”a/101111;: ma had {eve-
H ral.

 

 

 

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1 1 ( so 1)
1alCI1ildren,011e of which, in the latter end of K. Cb4rles 3 Reign, turn’d
Papiit, and I believe the g1ief f01' 1t haflened his Fatl1er’..s death. I own part of
the Evidence may be 111113 about his being 1n the W efi 14421:, but his mOther,I
believe, was neVe1 out of Irelmd 111.1161 life. .

1.71.1 0141415 VV hat was his Father’s Name. 7
.70 th'ez: 70/927.

L (. “7 Half. You fay, youkneW this Veiy Gentleman an Apprentice to I

one 1 I'm/245 ( olemm at Gan/loam}.

712. 11:14. I did Io, my Lord. 1

L .3.‘ 7.111211. HoW long 15 it Iince you faw 111m .9 .

‘7. Rive: . I cannot be politive, I think at the 1edu€Iion o1 G4I/onv4y in
1691. I cannotfay Whetherat or afte1;but I faW him about that time, and
kne W I1 11m, and have known him 1111111 401111151 knew him a School Boy,
and knew his Brothers. , . . .,

1114.74flz'ce Turtm. What yea1 did you know him 1111’: 1’ .

‘7. River. I daie nOt be pOIitiVe, I iemembei him pa1t1cula1ly well.

,I,L.C 37 Halt. Are you fine this is the Man P

:7. 111114. I know him as well as any fact I CVCI faW. Icame accidentaliy
into Court out of Cur1ohty , and one that kneW me, that was of (Id/41.124},
gage Account to the Kings (3011111111, and 10 I £111 called to giye evidence.

L C. :7. Hal; Do yOu bknOWthiS' RoI. French ? . .

J0. R'ziuIet-I. Icannot fayI knoW him, for. I fee him but in the Dark; if I
{aw him in a better light, It may be I may. (Then Rob. Franc/4 was fet up
{01 Mr. River to fee him) I think I mouse: the face, I am nOt certain.

L. C‘. ‘7. H012. Doyou knoW this Gentleman ? ,

' R019. Pram/7. No, myL Lord. , ,. '
L. C ‘7. Holt. Whe1e did youlive. 7
, R012. Frwc/a. In 1502222414376: .
‘ le'if Holt. Did you know jolm lady/2422 (51“ 641101124] ?
.. Rab. P27412517. I have heard of him, my Lord.;
LMr. B47. P011243. What Tiade was the P1 110111113 Father ?
‘70.. Rz‘vez. He had the Market feVe1al years, he lived very weIl, and kept

.1 PublicI k Houfe 1n the T CW).

.TJr P12112725 D1d you know any other T 1202744: V4ugb4zz but this ?_
ROI Franc/2. NO, net 19 Galloway. f ,. ~-
‘70. R2147. This may he a confirmation of what I Lay , if' it be the fame (11111.

tle1nan,l11s han IS teddiIh.

’ y L. C :7. H0111 Pull 03' his Peuiwig (Wlnci111'asdon_e.) ,
" TJ 410152422. My hair 1.1 not 1ed. ~ 7 . '
L. C. f7. Holt. HOW me his Eye-Brows. ?
T 1444/4441. Adark hioWn, my Lo1d, the fame asmy Wig. .
M11 B42 Pam's. Let fome body look on it more partiCularly, (then an Ofli-

cer toolga Candle, and Iook’d on his Head, but 11: was Ihaved f0 clofe, the
coloui could not be difcernedj. '

Mr. P72412101. We can give an Anfwer to this my Lo1d; we IhaII prove,

that the 1e Was one 74124 V 44gh44 at {3341101124}, and he had a Son Th0m4s, that
dyed ten years ago. As fo1 Mr. Rivet“, he 19 a meer firangei to us we knoW
nothing of 1111111211111 by What Ican pe1ceive, he Comes 1n as a Volunteer, not.
1111;154:1121 'd by eiihei fide. _ And for M1. Creagb, we {hall fhew he 18 not to be
(iedited 1111 any thing, f01 we Ihall provehim guilty of Felony, and that he
SxVoie, that it his Biother would not fupply him with Money, he wOuld
RV ea1 I‘1e1fon ag‘ainfi 111m and {hop him in Neitgate , and that he fhould not

come

I
._ \ .
hm' .‘aa- '

 

 

 

 

 

13%),

come outt 111 he came upon a Sledgeg and if Io, the1e is no body 1111 eiy can

believe he 1.. 111 Rick at Peri )ury, o1 Forgery, 01 any th1ng el-Ie, WhiCI 1 may be 1 1

for his advantage; Call Mr. Chi/foobar C reagla (vaho Vvas SVvom .)
Mn P131y01.1?1ay do you know David Craig/1?.

C. Ci’c’fl’J/‘J. Yes.

Mr. P52191113 he any relation to you. P.

C. Crmgb. Yes, he 13 my BrOther.

Mr Phipps. Give the Cou1t and the Jury an account what you know 01
your Bmthei.

00611311. It is an unn atu1al thing to come on this occalion ,and I am Iorry I
am called on this account. ’ . . . . -

David C mag/2. Speak What you have to Iay.

Mr. Phipps. What do you know of your Brother, [whether yOu have not
found him guilty of Itealing any thing 9 "

C. Crmgb. My L01d, I am upon my Oath Ihave known Iomething of it
he has {Iollen fume Gold fiom me. , - ~

L. C. ff. Holt. You pretend to be Io very nice, you are to AnIVV er to what.
you knOW of his 1eputat10n1n general, and of hisiway of living

C. C mag}? His 1eputation has been but Veiy llender,I I/am Very Iotry for 1t;
Ieveral 1n the Comt can give Account OI --.1t as Well as I. He Iei ved a Rela-
tion of his 1n Ne v-C ajlle he Ierved thete Iome time, and came to TOWn ,and
came to me and depended upon me, and I Iubfified him; and he took an
opportunity one day, when I and my WiIe weie gone abroad, and no body
at home but the Maid, and VV em up flaiis, whete my Wives Room 15, and
them being a Sth-W indow, he opens it, and took out of my Wives CloIeif
Ieve1al pieces of Gold. '

L. C ,. Holt. How did you know that he did 1t 7’

C. Craig/7. I found it out afte1wards; he was my BiOtller, and therefore 1
did not P'roIecute him. I did nOt know he had it, till afterwards, that I
found to whom he had dinoIed of the Gold. I eiiquiied who was in the
HouIe, and thought the Maid had 1t; and Ihe Iaid none had been there, but
my Brother; and he at 13.9: owned the Faé’t, and I had 1t again

L. C. j. Holt. Have you any mom to Iay oI youi Brother?

Mr. Phipps. Did he ever tni eaten to Iwear againfi you ’ '

T. Vang/71w. 01‘ me. 9 .

C. C rem}; He has been confined 1n [Vezvgate Eighteen Months, and I Iublified
him 1n Chaiity, I alloWed him all along 1 and he has. been .Iending. to me by
Ieveial meIIages that if I Iubfified him not with more Money, than I did
all ow him, he would Iwear me into a Plot:

L. C. :7. Hair. Did he tell you Io?

C. Creagly. No, but he has Ient me VVOId Io. " ' ’ ~

L. C. j. Halt. Is the Man here that he Ient you this VV 0rd by 9

C. Cray. Yes, the Man 18 hele.

Mr. Phipps. Let 111m Rand up.

L. C. 7. H01t.VVhe1e do you live ?

V. ~sz
‘,(v'.¢'
.'-V 'V .-

C. (frang- 11.111 W atlm-jlreet I am a MC] chant ,Ideelaie it is not in favour 01'

aerCtion, but only in conIeience, that I declate this

D. Crmgb. This 15 only to hinde‘i me from giving mv eVidence agai'nfi a Mei

chant that I have taken up.
'1. Vat/1km. VVhat Chatafiet had he 11} 511741;}?
I hen Dar. id Crag/2 Ipoke, but was not head.
I C. 7. Pair. What do you Iay of the Gold. -’
(j‘. CT‘é-BJ b. He had it, my Iflord ‘ '
1) Crawl). \Nhy did you net Profecute me then if Shad 11; .

I C’. ‘3‘. 61-1011. Youatenotfiirelietooktie 1."? Id. . -~ g y. 1“

_. ...«—_—.._____-__,..,dk‘ gm 3:. 7 .11.. , -.....

..a=:.—.:..»;.-.u:—n‘eu- .. Wu ..

a ‘cmTr :—‘= t,

( a: )4

C21 22gb. I was I'o fure he had it ,beeaufe I had it f1om him again by anothe1 hand.
C 5’. Holt. Did he tell you f0: that; he had it ? .. . ,
Creagia. No, but I had a Letter abbutit.

L C 7 12011.. Where is that Letter? 1 '

C. Crcagb. Ihave it nor here. ' " ' ' '

L C 3:? I 1012. Give not an evidence of a Letter, without the Letter were heie, it
ought to have been produced.

Mr. Phipps. Call Cbriflopber Hayden (he Was Sworn. ) ‘DO you give the Court an
Account What David Creagla has faid to you of Swearing againft any Body. -

C. Hayden. Several titties, w hen my Malie'r has {eat me to him, to pay him rive
Shillings a Week, or Five and Six PenCe a Week, to fubliii him _

Dr. .01 211/72. Who are .you Servant to i

C C reagb He 18 my Seivant.

C Hayden. This Dawd Creagb has oftentimes told me, that Ilhould tell his Brother,
that if he would not Inpply him with more Money, he would Swear againft him.
'When I came to the SeiIions-I—loufe v hen the Pyrates were tryed the firft time I
W as going through the 8421- Dock ,where thiSDwid Crcagly call’d to me, and I asked him
what he did here. i he faid he was to be evidence agaiuft Captain Vatiglaan. No cer:
tainly, I 11d I, you do not know him; do you ? Says he, here’s the thing, it had been

.— better for me,‘ thatI had been an eVidean againft him before this, and lam forced to
be an evidence againft him, to fave my felf: And he bid me tell his Brother, God
damn his Soul to all Eternity, if’ he did not fend him {apply that day, he Would have
him in Nemgate, and that he Ihould not come out again. till he came out upon a Sledge. ,

L. C. 7. Holt. Did he ray {0. i ,, . .

C Hayden. Yes my Lerd. .

D. Crtagb How long is it agone, Mr Hayden? . .

C Hayden. It Was the day the Pymm Were tryed; more than that, here Was Mr.
W atlas Man Was with me at the fame timer, and becaufe he Ihould not hear what you
faid, you took me to the door .

Mr Phipps. Is Daniel Bryan here? (He appeared, and was Sworn. )

- -D222. Bryan. I was fubpaena’d here for I know not what: For I knoW not Captain

C
l.
C‘.

Vaughan .

Mr. 1’ 1222p: Give me Ieave to ask you aQueIiion. Do you know, or have heard
of David (7821.512? , Dan Blylm. Yes, Sir. ~

Mr. Phipp Will you give Account of what he has faid of SWearing againIi any

D2222. 13272222. He has threatened his Brother feveral times, that if he Would not fend
him relief, he would bring him 1n for fomethiug, and would inform againfi him '

Mr. I lamp: Did he fay he WOuld Swear againit him. i ‘

D2222. Bryan. He did Iay he would inform againfi him.

Mr. ’flyipp; What did you hear 111111 fay of Swearing againii any one? _

D2212. P22112222; He ran he had rather others IhOuld peulh than himfelf.

Mull/12222211122. This Man Was Condemned fm the I 1111c Crime.

Mr Phipps. Mr. Vaughan, :have you any othei W itrlcffes P Call Creighton (who was
Sworn. ) What Countreymau are you? ‘-

Creighton A Connaugbt Man, I was Born in (222212221291, IbelieVe M1‘.Rimt knows me.-

Mr Phipps. Did you know one 201222 Vaughan that lived at Galloway? -

C2cial rton I knew him very well. .

Mr. szppx Do yOu know the Priibner at the Bar ?

(32213122022. No.

Mr. Pbippr Do you 1emember, that that 3'2. Vaughan had a Son 7‘50sz and What
became ofl him ?

1m! 1:022- Yes, he had a Son r170222222, 11-111 underfiood that he went fomewheie into

me C01 11111 ey, and therei t Iyed, and it was fpread all about 1-;he Tonn.

Mr. 1?}. 2131’: Do you know What he dyed of. ? r,

Crezgh‘oe I cannot tell.

C] Halt How long ago did he dye ? - 1

Ci an P211022. About T en Year 5 ago. I knew all the Brotherii; '

Mr. P1241215. Did you know that 7120522215 V22 ughan ?,

6251171221222 I knew him veiy well.

\

1 ’ ’ 130d)” '2
l
1

\11‘. P [211.17 Is that Gentleman, the Piifoner, he. P ' Creirrhton, No
, P 2221215 Do you believe that 18 not the Mizn? Cm 21:12.22! I hem. e 1:31..
3.41 Phipps Did you ever know any other Thoreau/222142212 2 (122:;

 

 

 

 

 

7 7 , wafiw—p—vw—fi—‘wfiv V w . ~-.~.....

.m—

 

 

 

(33)

Creighton. No. . . ; _. ~ , u

Mr. 7.1m... Had not 70hr: Vaughan a Son Apprentice at Galloway to one
Thomas Coleman. 9 '

Creighton. Not 331 know of. /

Mr. 3‘. Tartan. How old was that Son, Thomas Vanghan when you knew
him ? ,

Creighton. I was Born at the next Door to that Thomas Vaughan that was
reputed to be Dead.

Mr. 7. anton. Was not that Thomas Vaughan Apprentice to Mr. Coleman >

Creighton. I cannot certainly tell.

Mr. 7. Turton. How old was that Thomas Vaughan when he Went away.

from Gaflowaj 2
(fez, hton. i cannot tell.
Mr. HTarton What 18 your own Age. ’
Creighton. My Age 15 about Five and twenty.
L. C. 7.1‘Yolt. You have no: feen him in ten Years. 3
Creighton. No, my Lord 4
I. C. 7. Holt. Can you take it upon your Oath, this is not the Man you
{an ten Years ago, that Thomas Vaughan that you knew 9
C rezgh 1on YES, my Lord.
L. C. 7. Holt. How old was he when you were aequainted with him 9} '
Creighton. I cannot tell certainly; I believe he might be about fifteen. 4
L. 7. C Holt. How long 13 that fince. 9
C retghjon Ten Years
L. C. 5‘ Ho!t.. What 13 your Name. >
Creighton. Creighton.

Mr. Cowper. You fay you knew him ten Years ago; Pray what fort of 4

Perfon was he, and how did he diflér from this Man. a
Creighton. He was better Set, and not quite {0 Tall as this Man, and full
of the Small pox; he Was the quarrelfomf’t Boy in the whole Town. -
Mr. Sol]. Gen. You fay he was not quite {0' Tall as this Man.
Creighton. No, he was net quite fo Tall. '
Mr.So/1 Gen. Do you think he might not grow fince. 3 This was ten
Years ago, When he was but fifteen Years old
Mr. Cowper. You knew him at fifteen; How long had yOu known him. 3
Creighton. From my Infancy, till he departed the Towh.
Mr. Confer. During all that time what Imployment was he 1n. ’ Tell fame
. Circumflauces. ,
Creighton. I think this Vaughan Went to one Mr. Rujfel’s School._
Mr. C owper What to do. 9 .
Creighton. To learn to write and read. * ' ‘ '
Mr. Cowper. And was he not an Apprentice 1n that time. 3
Creighton. I cannot tell. '
Mr. Cowper. Were you acquainted with hlm -‘ ..1 . ,
Creighton. Yes. " “" '
L. C. 3‘. Holt. You lived neat Door to him, Sure you omit be acquainted
with him 2

Creighton. He was a fighting Boy, forI remember hedid once 1111111. my-

Coat foundly. _ . q _
L. C. 3‘. Holt. Where do you live now. 3 ‘ , . . ,
Creigton. At the C aflle and Fanlcon 1n Alder/gate-flreet. ‘; ‘4 .
L. C. 7.190113 What Trade are you. 3 ‘
Creighton. A Shoemaker.

Mr £47 Pow. How long have you lived here. 5 . .

Graighroat.

 

 

 

 

' L 34) I ,
Creightozr. This ten Years. '
Mr. Barr. Pow‘is What did that 711mm Vaughhfl dye (If, that you fay was
dead before you came away, as it was reported up and down. _. ' ‘
Creighton I cannot telL . ’ ' -'
_ Mr. Cowpe'r. 'JLii’t now you find he went away from Goi/lowoyl, and it was
répgrtg 9then shag he was d9e9d9 Leg Years ago now you fay you have. been in
5.191.215 ten Years. 9
03192790749. 9; I $911159 into England 9bout tén Years ago. \1; ‘L '1 ;'
Mia Cowper. Did you hear it atGa/Zoway beiore you came away. 9 , '
Crengtpp. J9h9 9rd it at Galloway befige I came to Lonofomnd there are many .
can tehifie that t Lere was a Report that he Was dead "
Mr. 7. Tartan. How long was he gone from 9.64/10”? before you Came
, away a w
Creighton. I cannot fay to an Hour I heard he was dead.
L. C. 7. Holt. Well well, he went away9fir9o9m Gal/owe}
Mr. 7 Tartan. Have you not been here two-Ive Years? _
Crt’lglflcm. . I think 119151 came a little befoge the Revolution. -
Mr.7; Tartan. Thagis eLghtYears ago. 9 Juli now you iaid you had been
herMe ten Years. ‘
p x... (39117;: n Kine- CWho was Sworn ) 701732 Kine, Did you
know one}? gleanin Gal/own 9. . .9. 9
9 Jo. Kine. Yes Iiived With him- 3 _ ' L 7
Mr. P19290115. What Children had he? ' L ' ' " '
Jo.l1’ine. Four Sons- '
9 Mr. Pbipp5. Had he any one of thofe sons that Was named 7mg... e
Jo. Kine. Not of thofe four. . ,. ,9 9 , ~’
Mr. P19219125 Had he a Son 2770mm 5 _ ,9" L
1- .4912”... ,qu, heghad he died about ten or eleven Years old of the-
Small- -pox-.,.
L Mr. Plyzpp You fay youol ed WLth this 1015» Vaughan look upon the Pri-
foner at the Bar, Is he any of die sons. 9 L} L L'
J 0.919129, 9 1N0, §ir,9119;1eve1f {99w tins Man tlil now.
Mr. Phipps How long did 91991 lLV'e W1t him. ’
Jqum LAhopt e hgor nine ears. ..
Mr Phipp5. 39999901011g have 9yo9u9 been dome away from him. >
9],...sze... rAhw: ten ears.
Mn]. Tartan. How well do theie two WLtneITes agree together a The _
other {aid he did at fifteen, and W93 ,9pit9ted with the S919na911- -pox. This Man
fays he died at ten, and of the Sinaii- apox. ‘ , 9 9
LC. I Holt. Where do you We now. > 9 . 9, 9
35.10%. IlmemtheCmy 999, LLL ’ L‘
L. C. J. Holt. How long have you liVeéi there> 9 9
Jo. Kine: Twelve Years. ‘L “L L L’ ,
. L: C. J [Jolt How long was this Thoma: Vaughan dead before you 9eame
.hlt'hflli i933, “‘9
Jo. [{ine. ReailyI cannot b'e pofnve, ILbé’hGVe about eight 0r nine Years
Ii C17. Holt 9 Did Thomas Vaughan dy§9of the Small-pox 3 ‘ ' 4
7o. Kine. YeE. .‘
L. C]. Holt. That you are fure of. . 9' f
Juana. Iamfiue. that wasthe DifeaféLh'e diéd. of 9 - L
L. G} Holt. You know him Well, Ibehev’e ' ' f’ ‘9
Jo: Kine. Yes, my Lord. " ' 7 '
9 L. C. J Half. How old Was he when99h9e9d1ed9 " 9
:9 gulf-ism About ten Yeais. r. L ‘ ‘ L

i

.
. 9. .
. \
‘ \-a'. 9,515-

991N939 9'-

 

 

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L C]. Holt; Where Washe buried. 1 . ' \ _ 1

J0 Kan. At Gaflowaj. : 1.1... w. .

Mn]. Twitch. Why does not the Oflieer takeCare ‘1 There 15 one talking
with the Witnefsn Can you now recOncile your Evidence> (To the Prifoner g
CounceI. )

L C. J. Holt? 1-11.14: ytiu shy Inote WrtneIIBs 1 1.11311 V1. 1 :;.;~' .IIII‘“

Mr. P12} 1.391031 L rd , .. “I
Mr.] 753:... wmwegie the Names oFaII the Sons 1 ”A '
h Jo Kim. The eldeit W35 Jolm Vang/Jan, the other William Vaughan, apo-
t er Edward Vau {Jan1an another James W that. was all th he s
alive. ' g1“ 1 ”1'1 1" aft '5‘ .113
Mr Whitaker. . There is néve‘t q mam Vaagban twang thefe. '1
Mr Cowper. 7290mm: died up and dOWII In Ieverai lag; I I 1.
Mt. Phipps M1. 112711211136on know 111116 Sans bf‘ at Mnfidag
IVIr. Rivet. He had all thqfe Song C{01m {KI/{uh}, 137 ,1
fps 1’13 ”of a Son Mama I cannoit ega her w ether t
a Son, or no; though I have a rude Idea 0F If I311111: éiniéih Wm Ignew

  

this Thomas, Iwent to School with him, and I {aw him 111 the Year 1691. a- 4 '1

bout the furrender of Galloway. .1
Jury man. Is that Man at the Bar the fame Thoma: Vaagban. 1 3 . ..
Mr. River Iain fiofitNe or that ‘ ‘3. .11er ”:"r‘ -- s . 313111“
L C. I Holt Yon {aw him atthe furrender; of Galloway :1 '~. ‘
Mr. Rivet I did ,_ it was about that tim

      

h?" .

e; I .
Thomas Vang/arm I am a Submit of the life” Clan/11a» ng, and I déflre, ..

though I {peak Englzfl? that Imay be Exammefl -’11i Franc/z in a Matteir that
touches me fo near. And you may fee by my Commifl'on, my Lord, that
I am a French mafia, ° .thCh I We may be 1‘63.ng

L C I Holt. . We! {hail not grOubIe you with that

 

(.' . ’
{g}! 1:?1E‘AJ;'L

1'

T. Vaughan Ican fliew you my Commdfion1 wherean the King, my Ma..-

fler, declares me to [Sea Shbj eét GT‘France. 1
Dr: 0113:. Mr. Vang/inn, JI Ehink; you need? n6t‘ trou‘ble théi Court to read

~ the Commiflion, - the Cbmniiifion 151th? famfi F8 {Pr all othgt Subjeéts of phe

French King, when-2111 he: is lookt upon as a Natural horn Suqué’; of France .
and {0 he owns hlrnfelf upon .his Exammatton before the judge of the Ad-

” miralty
L. C. J: Halt. Have you any more to fay. 1 As to the'Exammation Who .

can Prove that > " ‘ . 31
Mr. Cawley I can prove that: my Lord (Merawley Was Sworn. }
L. C. I. Holt Is that Thomas Vang/vans EXamination. 1' ‘ “

1 Mr; Cawle/ ' Yes, my Lord, it is figned by hitn, and taken before

Sir Charles Heal. get the 25th of guy, 13695..

L. C.) Holt. Read it. Then Mr. Cawlay read the Examination of 7710»

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(376-)

7'".

, Thea-1th of 7111), 1693.

Ofiaimn ”mini contra Thomam Vanghan Gapnem’
Nanicnle, the LoyalClencarty.

The Examination of Thomas Vaughan late Camman-
der of the Skip, the Loyal Clencarty, aged about
Twenty fix Tear: , taken before the Rig/9t W orjhipfnl ”

7"” Sir Charles Hedges, Kt. fudge of the High Court

,- ofAdmiralu of England. ’ .

‘ His EXaminate faith, That he was born at Martiniro within
, ' the Dominons of the French ng, and 18‘ his Subject, but
refufes to anfwer of what Parents he {was born, That he came

left from thence about four Years ago as Commander of a Ship”

called the Hare, Which had been before taken from'the Engli/‘h, .

'and came in her to Nan-ts in France, and hath ever fince been 1n

Franceor 'cruizing in French Ships; That he hath'been a Com-
mander ever fince he was fixteen Years of age, and hath Com-
manded feveral Franc/2 PIIVQtCCl‘Sa and was Commander of a

“l’rivateerofSt- Mala, called, the Granada of ‘ 36 Guns, which a-

bout two Years ago took the Diamand , and the Examinate was

7 never till now taken; Being asked, Whether he ever livedin

England, or in .lreland ? he tefufes to anfwer. Being asked,"th:- A
ther he knew any thing of the taking and carrying of a Cuflonr-
Houfe Boat from thexDowns to Bulloigne? or, Whether, he was

then in London, or did Hive direétions‘ to any PerfOns, or knew

of her being carried 0 ? he anfwered nOthing, but faid, That if
any Perfon would prove it agalnfi him hewas prefen-t to: anfwer

. 1t: but faith, That in France he heard of her being brought to

Bulloz'gne; and he the Examinate bought her at Bnlloigne of the
Men that carried her away, and that the wit him 900 and odd
Livres, and was then called the Eliqabctb and Ann, or Mic/Jae!
and Ann, but which, doth not remember ; That hethe Examinate
fiill hath the faid Veffcl at Bulloigne; That he came: tell the

I

names of the Perfons he bougnt her of, and that took her away,

::but believes they had a Commiflion; That fomething above

three ¥ Weeks ago the Examinate went with a Commiflion from

the French King on boarda two and twenty Oar-Barge, called

the

 

 

 

. (37) W ~ A
the Loyal C'lencarty then ..at Bulloigne as Comfiiéndcr thereof}: apd
on-Munday'lafi was a fortnight AWaStakcn-by m: C pantryMan-
of War at the’ Biz-0y 'in—tbe Gen/leer; And thatlth'c- Com. '
mand‘e—r of the Caz/672173?- tqok awaytlfis ExaminatcsCommitfi-
on, being asked upOn Whatdcfign he came ouththtthargc,
replied that it was not tptake‘ the Air; That the: Bargcformcrly
belonged tozthc‘ Lord Dam, and was "taken ;by=a"Frerich-:.Pfivatccr
about a Year agos, That, before hé’tlamé Ofit,,'_(h¢j mctxwith-‘mo
Engli/b Stamcnrupon thé-COurt dfGUardS ,a_t,f’BufllQig72"é.-fi,iWho '
told the Examinatc, That ethcyi had. been taken. “HOW“,
and the Examiqat'c watt-Exam int? otnE'Charitysgwan-d afmwards
mct elm—Other Ezzglzjb,,;Mah’, whotodtthxammatc that h-c‘had
been“) taken ierand; SaViGé}, and-imbdlcvcs1§WaSb€fOr65P0rc
Keroqae; 'andathcfaid Pegfan fittingmupon .a§sS§énc'; at'Bzzflloigne,
and notbknow’ing What'tdqi'owi‘th hi‘mfdclfi; thgeExaminatc took
hit-hon 1303;14thCluaxgty:,,;:1nd'dgfigtjed‘tépUtithcfai’d-x three
Psi-{om aflaominfingléizdt 986mg:asked,s.W11€fh¢'r‘j-hédid not A. u!
in 'a Claim ft)?" the {Laid fCuflom¢Houfc Boat by krcafon offer
Captain? or, tht'hcr’thc Phrfons that~..took~hct had any-Com-
minim fromhi—m? he the ‘Exa‘rhjriatt: dqfwéffé‘chThatthcy “that
took? her muPt anTWCt.,f0,t: Whatthcydld,and hcjmufi‘aancr

.5
a, “J {

comm me _,

  i”. C. Hedgéé.

 

 

3.11 I'ec‘am

. Foreigners, yet their fubjeéting themfelves to him, a

i , 115 Subjeé’cs ; yet, fays he, lwas not a Snbjeét of England, [was-born a Sub-

“jf figfirfiéli'” " sans? Hate you’a'tiy mots-airs”- * . v‘ 4
am: a, as»? minivans .1mascircumfiassss Iasm ? miss 3 if: it! finish .
gunman Made, ass risinishss that ,1 as! {less issrsulsigbe V65): hard

. assosssggs spinning {Min v . . _ , _, » , ~ . _

. . ’1. 0]” (Stir ‘a‘Ve‘hfi‘ 41 Véry fair Mai, “and you fliall‘have James,"
3 r . a 1;? - as, a] as“! .45, '1V3‘Kgdm“ .. , . .‘a ’

{7‘ ‘. is, 333:: hep: “pend Lardfhxpx-mlhtio-me Blgh‘s‘: . ' -: ., . a

:unmifl alas; ‘fisghmen‘pf ashes J “1%. [Tilt-sPTI‘OQS-T Ext- 3116 5an- 79957.9:

gas/aims ( s edsforaH’ h-Irssfona‘ffor adhering to as mng’s‘ Ens-

I
.

    

.5

  

 

 

Bless, was. its: é, assassin: ass assassin thé Service of as Em, Kifig,
' iii ‘a jg

firewalls: 'e gal Clénatrt'y, With‘diverfe othersPerfons on Board her,
this‘ivéréSnbjeétsito theafirefitbffiin’g, andsEnemies to the King of England, .
‘Mthbfl‘gnicoshut‘rlsthfiiiifigifiga er:hiS-g§,, :fegftsShipssfia‘ndior that purpofe
{id M5513 Thatthep .‘ it)“ Wagsgpn Board the Ship, and with fueh
irisigsais ism£33 sashes; 2: O'hsssMss “by fever“ Waveffisshs: have
‘e‘en : Rg’bdpced‘ ,‘that 313, that the TWané’tgwénty Oat-Barge; which as: the
:fafii‘eitallea thciilisyitfclencar’zys, jayshdvcaing ,zabs‘mt= % this: >828! 2i", likesNorp 5
3%?st mthwwnsn’ imsaiatdfi' shsreissdfomndsfiefl 9,17. Mifclsisf to the
Shins smiths: said? aftershinm'stha tbs Cassava?- IiTw'ss s’PP'r'efifinded by
C t Vaughanandf‘ tsCrew" ‘ tat thh'ngtJénhij‘would-‘befi’hérd‘ fathers,
as guih ypid Tub" , f and W? taken‘ VEAn‘difieipg' Bitinfinedé on .Iwhataa‘c- -
' nt‘heieame'én‘bifii‘ Confis,’it7isiconfefil by hinfi;.i'£‘h§t he: came swiths sale-
digit-5th sermons amiss: You stasis-chi??? (phat {est quen were; ' s..B.oss"<;l.
saws havshcardtit ,sssvsclso yoga. sissscrittss . ”s tbs Marika! QE'PWsrs assisted
thpk Persians ,takenaB 21rd; the mash ’Vefliil, ’of What‘- Nat'iOn, afidWl—iat
'Quaiity they were ; *a’nd’théte‘waeabout a [Jeze’nioffthefeilirencb.Meh;sffor
they were, entered as fuch. Now if a Subjeéi: of England to join With,- the
King's Enemies, in purfuit of a defign to burn or talEe any of the King’s,‘ or
hisSubjeéts Ships; that is, an adherance to the King’s Enemies.-- But it ap
pears, not only that Captain Vaughan was in their Company, but that he was
their Co andera; ich Commanding the Veflifl on Board, which were
WES of the Kin and the Kingdom" of England, is High-
Trea n, and the particular Faét of reafon for which he is Indiéted. _ And it
appears that he had aCommiflion from the French King”: to sommaheb'this Vef-
fel, the LgaZClencarzfiy. ‘ , " asst ,- \

Now the Prifoner having this Commiffion to be Commander of this Vef-
fel, thongh they who ferved under him Were not Nat‘ye quncb Mmut Other
MW‘VM 1‘ r Colour

of that [Commiffion ,makes them to be the French King‘s Subjects, durin
their continuance in that Service ; for otherwife all Prizes, which they {houid
take, would make them to;be Pirates; which none: will pretend to maintain,

 

 
  

 
 

. when they acted by a Commiflion from a Sovereign Prince, that was an Ene-

my. And if they lhall cruize upon our \Coaf’ts with a defign to take, or de-
flroyaany of the'King’s, or his Subjeéts Ships, they are Enemies, though they
were the Subjeéts of a Prince, or State in Amity with the King of England.
B sate-this time there is no neceflity of entring upon this Queftion, becaule it is
pr“ tied‘th‘at diverfe, who weré‘on Board' this VeflEl Were Franc/2 Men, the
joyning with whom, in Profecution of fuch a Defign, is that kind of High-
Treafon of adhering'to the King’s Enemies. So that if Captain Vaughan was
a Subjeét. of England, he is proved Guilty of High-Treafon, if you believe
the Evidence: ‘ ' ' . ' s g,

Bur now it is linfifled on by MnVangban and his Council, That though he
Was exercifing Hoflility againfi the King of England, and defigning Mifchief to

Ms

 

 

 

 

<39},

jerft to the French iiing. If that bewtruetthen is henot Guiltyoifl H fight .
_\ Treafon; he is an Enemy, but notaTraytor: ; And that is the Pointyou are

now to confider of, Whether he be asubjeaei Eaglaaél, or "France? .
Now as to that, he being taken under fuch .Circumfiances, and {peaking

"Engiiflz, it is reafonable to be prefumed that he is a Subjefl: of England, unlefi; .

he ; proves the contrary. But thenflyou havegheard by. feyeral of the; WitnelIes,
That when he was at firi‘t taken, he. acknowledged himde to began. Irajb Man;

“and he did net only acknowledge it to them that-affil’ted ' in apprehending him,

but being carried to Dofver, when the Marlhal entered him in his Book as a Pri-
{oner, he entered him not asa French Man, but declared at that time he was an
Irz‘jb Man. {It may be he did not cohliderthe Confequenee of it, for the next
Day he was carried before the Mayor of DOW’afiDCl; then having conlidered
better of it, that it was not for his. Intereii to acknowledge himfelf anIrz’fl;
Man, he faid he was born aSubjec‘lto theFrenc/o King, and at Martinico.
There were Score/a Men‘and Irifl: Men taken at the the lame time, and they
‘were entered as of the Nation they belonged to, and {0 were diverfe entered as
firm/y Men; 80 that unlefs'hehath given Efficient-Evidence to the contrary,
this is fufficient toinduceyou to belive. him anlrz'j?) Man born; '

But he has endeavoured to takeoff this Evidence that has been given. gFirli, he
fays, It was when he was in Drink thathe did confel's himfelf to he an Iri/b
Man; but when he was Sober, he {aid he was a Fray/a Man. And befides
that he‘calls a Witn’efs, whole Name is Ruhr: French, togive an account of
him. And 1‘76“? 'fays, That about foutteen, Yearsagohe "was afSL-C/Jrzi
flopbers, on French Ground, and he didthenfee thisflapmas Vaughan, he did
take him then to be about the Age offift’eena He. fays he fiay’d there about {Our
and twenty Hours, and that he was in the ‘COmpany-of this Vaughan, and. his
Father about fiveor lixHQursa ;--‘I*1e;,{ays hisfather toldthim at that time,that‘
this young Man_,; who was then :{about-filfteenv Years of Age, , was born at Mar-
'rzfazfcq, He fay-sfurther, That his {Fathertdid recommend this «Son to him, to be
aSeasfaring Man, a being the-'Imgloymentme intendedihim for ; and he i‘sfure
this, is the Man. 7 This Rabat. French {was,ask’d, -Whether he; ever faw this
Vaughanfromthe timehe firl’c faw him at St. Cbrgfloglgersiuntilthis time ,3 He
fays he never {aw him fince that time, [till about two Months, ago, He gives
you this account how he came to meet with him; he§£ays hes-came to Town,
and being a Charitable man, ,he,..ufed togvifit the Prifonsgwand he: came to
Newgate to one Kiwi”; arid—there, .11e:,hw@aprain Wag/m; and. though he
had not feen‘him for» fourteen Yearsibefogte,l',yet he knew; him again, and'is
politive that he. is the fameipierfon, , 3y -- t- , ; , . ‘ -- .

Anather SWearshe ltnewrthe,Prifonerhabout five years, and hewas reputed
3.FrenCllman" . . 'f ; a i" fili "i ' - i

There hastbeen anotmr Witnefs prodneed whieh-is theta-Define, who came
up as, aFrench man, and talkedsiFrencll,.S ,gretending heeOuldnot {peak Englifh ;
but 60 Examination. it was difcqvmd that bashed anlmploymem in England,
and was a Baylifl‘s-Follower,ganglait appears «he can {peakgiinglilhivery Well;
and notwithflanding his wptetenge has giyemhis Evidenee-ip Englilh. —. 1 And he
tells you, ' That he about the year 1669 did "go to St. Cbri/lopbers, and after,-
wards to Martinica and Menswear to: one Williammwho had a; Friend

’ whhfe name wasfaugm,pat whole Henge the-re -was..=a:Chri;{lningrobe of his

Son;;tq whomiWiI'liqms Waglgoi ber‘G-oqifnsheri; andthisfi’iiitnefs was gamma
thither, "and the;_,Child. W8?! {Qhrifinetj [hymen ,AHJeg-eellsayou hegwent over
against“) St. qbgzflgabe‘rswand to Maitixirp'in,;the;yeai3¢167g7,v andthatfthen he
enguired for thishChild, .andidid fee himq «sa'Iihen he hays; after that, i he. Went
over "again to St. Chriflopkers and ,to Martinico about thirteen years ago,and then
{aw him again, and, I think, never faw him fince until very lately; and this
Priloner he undertakes to tell you is the very Perfon. , But

 

 

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I 40 }
But then one Harm tells you he IaW him in P111111: in the year 16 9 3, and
there he was taken to” be a French man, and he lived with a Woman that fold

, Silk that {aid he Was her Nephew, her Sifier s Son, and that he was born at

MarIriaico: This is the Evrdence he givesy on to induee you to believe he 13 a

French man §

NOW in the firfi place, beforeI 6-pen the Evidence 1n anfw er to it, I the
fire you to obIerve theWeight and Import of this Evidence that hath been pro-
duced by the Prifoner FirII, for this French that Iays he faw Captain Vang/ma
fourteen years ago, When he Was abOUt fifteen years of Age; he had no Ior~
met Acquaintan’ce With him, flayed 1n his Company but fix Hours, and came
away within four and twenty Hours after his Iirfi arrival, and never {aw him again
in fourteen years , it is a Brange thing that he Ihould know him again Io well
as to be In poIitive that he 15 the fame Perfon, Ior in fourteen years there is a
great alteration 111 a man: For a man that has known one at the Age of fifteen,

and not Ieen him in fourten years after, though before he was very well ac-
'quainted with him cannot Io .eaIin know him again. But however he 15 po~
, Iitive, upon his Oath, that he 18 the Iame Perfon that he IaW at Martiaico.

Then as for Dafi‘me you may conficier him that he Ihould take notice of a,
little Child that he IaW Chnlined feveral years beIOre, and that he Ihould now

' remember him wheti he had 1101: Icen him 111 thirteen years , fure he had a great

liking to this Child, that When he Went to Martiaico many y rs after he Ihould

be Io inquiIitive after him‘, 1 I mufl leave thefe things to to confider of:
That he might have an Aunt in Frame that IS very poflible too.
But now con’Iider hoW this Evideiice hath been endeavoured to be anfwered;

two WitneIIes have been proeuced to contradié’c that which they have SWortf:

The IirIi' is Dat‘ud Cray, who tells you he has known the Prifoner for two

years, and Iays he Was aiiW ays reputed to be an Iri/la man, and born 1n'Ga/701
war , he has often dif'courIed with him about his Country,and he told him that
he vi as an 1:, if]: man, arid bdrn at (ml/away Then you hear what a Letter is pro-

\ duCed writ to Cray when he was to come upon his Tryal, he mentions What his

:Delence w as, and that it was impoihble that any could do him any harm but he
and two more. Cray Sweats it 15 I115 Hand, that he hath Ieen him write, and he

belives It is his Hand .
T hen there is a Gentleman Mr. Raver that came here by chance, who 13 a
Gajaway man, he‘fa1th he knew the Prifoners Father, who was reputed to

come thither about the time of the Rebellion 111' Irlcland in 1641. and lived at

Galloway, and that this Prifonet, Mr Vaughan, was his Son, and he knew him
of a Child, was well acquainted with him, lived hard by him, remembers
him an Apprentmem Gafloway, and tells you to whom, and fays he 13 fure this
is the very man; and that he {aw the Prifoner 1n 1691, about the time of the
Reduét’i‘on of Gal/brave} and he is cOnIident that the PriIOner 1s the Son of film

' Vaughan at Galloway, and he gWes you a particular account (if him and his Fa-

mily; viz. of the Reputation and Manner of living of his Father, and What

‘other Brothers he had Io that there 18 no Objbéiiori ‘a’gainit his I“ red1t and it

15 hard to bell-We, {inc—e he Is In politWe and circumflannah that he can be mi"
IIaken. , I 5‘ r ,

But the Pr1foner and his Councd haVe endeavoured to anfwer all this Evi-
dence; and I' 1ft they have called Cray’ 5 Brother to prove that he 18 an ill mm,
for that he came Irito this Town where his Brother lives, Who {uinIIe’d him
and took him to his Hank, and one day when he and his Wife went abroad
he made bold with:~ Ionic of his Money but they thought} the Maid had
it, and he charged her With it, but to his SatisIaEhon It did afterwards appear
that Dmd had it; w;- . ’ ., «f»: ,

Then

 

\

 

 

 

 

 

:1?

 

( 41 ')

Then there 15 another, Chri/lopher Hyde», Chrz'flopher Cray’s Servant, who
faysl 1e, heard E Cray fay he was forc’ d to be an Evidence againft Vaughan to fave
himIclIo ; and 11 at he u led to threaten his Brother, that if he wouchnot give
h1m more Monc y he would fwear againft him. Bryan faith much to the lame
purpo‘lé Thel 1e are produced to take off the Credit of D. Cray s Tefhmony

But then Gentlemen, as to the place of the Prifoner s birth, two other :Witneflés
are produc’ d to giveyou Satisfaétion that this Capt. Vaughan was :110t ‘thefion of
that Mr. Vaughan of Galloway, whofe Evidencel will open to you, and then you
will fee how coherent they are in their Tefiimony. The 11111: 15 Creighton, a. .
Shoemal or, he lays he knew Thou‘ms Vaughan, the Son of 70/10 Vaughan Of Gab

- 10111.11, about ten years {111111151112 was a Galloway man bred, :and lived the next '

door to 701112 Vaughan that had a Son Thomas. He fays he has been here a-
bout ten years in Eu [am]. He fays he thinks that Thomas Vaughan, the Son
of 7.71/11 Vaughan was about the Age of fifteen years, but that this Prifoner

' is not he, for that Thomas Vaughan was disfigured with the Small- opox; he re-

membred him well, he had reafon for it, 501 he once bafied him foundIy, and “
that he 11 cut an ay from Ga/Zoauy when he was about fifteen years of Age, and
was 16 ported to be dead; and it it were f0 this Prifoner cannot be the Perfon
The other thnéfs is as pofitive as .LCrezghtou, for he faith, He
knew this john Vaughan of Gufloway, anh his Son Thomas ; and that Thomas
Vaughan, Son of 33: Vaugham died about ten years fince 0f the, Small- -p.0x.
So that they have d two Thoma: Vaughaus- , one tells you of one that was /
fifteen years old, and was disfigured with the Small opox; and the other tells
you of Thomas Vaughan, who died 10f: the Small opox when he was ten years

Aonge. ‘th

You are therefore to confidei the Emdence on hoth Idea. The Quefhon
principally 15, Whether the Prifoner? be a Sithjeét 0f the King? 0f Euglaud.. .1 If
you are fatisfied that he 18 not an Englifh Subjeéh but a French man, then he
is net Guilty of this High-Treafona but if you are fatisfied, by the {cries of the’
whole Evidence, that he as an Iialh man; and that he had a Commiflion from

the French King, and that he cruized upon our Englilh Coafls, in Company
with the Kings Enemies, with a delign to take,- “burn, or deflroy any of the
King’s or his Subjeéts Ships,- you are to find him Guilty of High-Treafon'

whereof he {lands Indiéied, otherwde you are to acquit him.

Cl of Arr SWear an Officer to keep the Jury; which was done. .
After a jhort flay, the 7141:)! returned iut0:- Court , anal gave in their
Vera/1'67. .
§ C1. of Arr. Gentlemen, anfwer to your Names. E. Leea’s. ,_
., Mr.Leeo/1'.Here.
Cryor. Vous 01102, and {0 of the refi. ,
CI. of Arr. Gentlemen, Are you all agreed 01’ your Verdiét. ->
7ury. Yes. . 1
CI. of Arr Who lhall fay for You 3 ' 1 , "
7w. Our Foreman. -
CI. of Arr. T homa: Vau hau, hold up thy Hand. (Which he did. ) Look
upon the Prifoner. How ay you, Is he Guilty oI the High— Treafon whereof ‘

. he fiands Indiéted, or not Guilty. 9

Foreman. Guilty. ‘ ‘ ‘ .
CI. of Arr. What Goods or Chattels, Lands or Tenements had he at the

time of the Trealon committed.

Foreman. None to our knowlé‘dge. ' ' ‘
CI. of Arr. Then hearken to your Verdiét as the Court hath Recorded it. 1
You fay that Thomas Vaughan 1s Guilty of the High-Treafon whereof he (lands
Inclié’ced,

 

 

 

 

 

 

 

 

 

 

, ledge,“and fo you fayfall.

.. it ; for if there can be an adhering to the King’s Enemies that is not Treafon,
" ' ” V l L they"

* \42) ,, . . .
Indiéftedgrbut thatlie had no Goods or Chattels,Lands orvTenements at the
time: of the HighTreafon ' committed, or at any time fince to your know.
“fzirmees. " , ' .' ‘ ' V ,
27?”- .Vaugban. My Lord, let me beg one Favour, that I may be ufed like a
Gentleman, that I may be {cut to a Chamber,pgand not to a, Dungeon, and that

"mvariends may, come to. me.

Let '1’ Hair. Captain Vaughan, they fay you once made an efcape, and
therefo’rethe Keeper mul‘t keep you with Humanity, but with all Security.

* Iioii::Vaugban.L .Irdefire thatI may be kept like a Chriflian.

L. C31. Holt. The Keeper muft do his Duty. ,

CZ.'>0f Arr. Thomas Vaughan , hold up thy Hand, (which he did) Thou
flan’deih Convit‘led of High-Treafon againft our Sovereign Lord the King:-
What, heft thouto fay for thy {elf .Awhy Judgment ihould not pafs againfi thee
toidye aCcording to the Law 9 w - \ 4
' The; 'Vaugban. ‘ I am altogether aStranger to the Law, my Lard, I refer my
{elf to. my Council. ' - h . \ ~ - '

.'L.:C.‘§‘.'Holt. _ Well, thenyou refer your {elf to your Council. You have
had a. fair Tryal, and have no reafon to complain of it: If your Council have
anything to fay in arreli of Judgment they-{hall be heard. » . .

. MiiPhippso My Lord-,6 the Indiétment‘ has two forts of Treafon laid in it;
thefo'n‘ei’ :for adhering to the King’s Enemies, the other levying of War; and,
with fubmiflion, I take it that the firfi is not well laid, for it fays that the ‘Pri-
{one‘r did adhere to the King’s Enemies, but fays not againfl' the King. Now
every body knows that the French King is in War, not only with England but
Hoflamjl, and Spain, and the Emperour: But if a Man joyn with the French
a ai‘hl’cany of them, he adheres to the King’s Enemies, and yet it cannot; be
{aid-to be againfi the King; therefore they ought to have laid it that he did
adhere to the King’s Enemies contra Domimi‘m Regent; it mull be aiding and com-
forting them againft the King-that makesthe Trcafon- ‘

LC 3 =Haltl. It does fay {On .. . -
~»-:..:Z.L:Mr‘=. ‘Plyipps.f5?”No,* my, Lord, it only'iays that Captain Vaflg/Jdfl did adhere-
to theKing’hEnemiEsg?an‘ddoes not fay it was againf’t the King; and if that
be Treafon, is what We define to know. , a '

L. C. 3’. Holt.“ If he adhere to the King’s Enemies, it mull be againfi the
King, though he aflilt them only againfi the K ing’s Allies, for thereby the King’s
Enemies may "be more encouraged and enabled to do Mifchief or Damage to
the King: Suppofe you affif’t the French King againii the King of Spain, that
is now in Allyance and League With the King of England, and the Franc/2 ,in
ae‘tual Enmity, that is to adhere to the King’s Enemies againft the King.

Mr! Phipps. Would that be Treafon my Lord.> \ . , '

1.6.7.1101; Yes certainly, though thatlis not a point in this Cafe, and
{0 not neceflary to be determined now; for the Adi of Parliament of 25 of 13.3.

V‘ ' defines TreafOn in adhering to the King’s Enemies , and eXpreHeS the Overt-At}:

in giving them aid or comfort; it is fuflicient to alledge the Treafon in the
Words. of. the-Statue, adhering to the King’s Enemies. An Overt—A6} al-

‘ ledged, fltews it to be againfl the King ; and in purfuance of that adherence he

did {0 and {0; he was/a Captain and Soldier in the. Ship, did join with the
King’s Enemies, (6:. with a defign to defiroy the King’s and his Suéjeéir Ships ;

.{ureiy that is mol‘tmanifeft an adherence to the King’s Enemies 'againf’t the

King.
Mr. Phipps. The‘Overt-Aflf, if it were alledged fuh’iciently, would not help

 

 

 

 

(43), '

they ought to alledge fuch adhering as is Treafon; and ifghe Treafonk‘it Elf is .

net well alledged, the Overt-ACt will no: help it. , ‘ ~
L C. 7. Holt. There is an Overt-Aét to thew it to be agamfi the King: It
is {aid all alOng, he being-in this Veflél Clancarty, cum diverfisfluéditis.

Mrf Phipps. But-then that Overt-Aét is not well alledged, for ’tis faidvonly

he went a cruizing; whereas they ought to have alledged that he did .Acommic ‘

fome Aéts of Holtility, and attempted to take fome of the King’s Ships 5 for
cruizing alone cannot be an Overt-Ad”, for hemight be cruizing toifecure the.
Franc/.2 Merchant Ships from being taken, or for many other purpofes, which
will not be an Over-Adi of Treafon. ‘ . , 1 ' _

LC. 3'. B’olt. I beg your- Pardon. SUppofethe French King, with Forces,
ihould cometo Dnntz’rk‘with a defign to ,»invade England, if any ‘one‘ fhould
fend him Viéxuals, or give him Intelligence, or by any other, way contribute

to their Afliflance, it would be High-Treafon in adhering to the King’s . ‘

Enemies. ‘ it . _ 7

Mr. P/Jz'ppx. I f the French King had defigned an lnvalion upon England, and
Captain Vang/Jan had alhlied in his V eliel in forwarding the Invafion,” it would
have been Treafon; but here is nothing mentioned but cru‘izing: ‘

L. C. fHoZr. Cruizing about the Coal’t of England with a delign to deflroy I

A the King’s Ship. .1 - y 2

Mr. Phipps. That defign ought to be made appear by fome A51 of Ho-
ftility,‘ for in the Cafe of Burton and Brad/77am, and others, Which my.Lord
Cote cites, the agreeing to rile and pull down lnclofures, andmeeting and pro.
viding Arms for that purpofe, is agreed not to be levying of War '; and they
were indiéted for Confpiring to levy War upon the Statute of Qgeen Elia; And
\ in this Cafe, here being only a-Confpiring, and nothing attempted, it can be

no more T reafon than it was in that Cafe. ~ ' , . , i

L. C. 7. Half. When Men form themfelves into a Body, and march Rank
and File with Weapons offenfive and defenlive, this is,lerying_of2War with
open Force, if the defign be Publick. Do you think whenaShip is armed With
Guns, 69%. doth appear on the 'Coafi, watching an opportunity to burn the
King’s Ships in the Harbour,.and their defignt'be known, and one goes to
them, and aids and aflifls'them; That this is not an adhering to‘ the King’s E0816
mies? Here are two Indictments, one for levying War, and the other for ad-
hering to the King’s Enemies ; but the adhering to the King’s Enemies is prin-
ncipally infifled on, and there m‘ufi be an aétual War proved upon the Perfon'
Indiéted in the one, yet need notbe proved, in the other Cafe.

Mr. Phipps. The fame certainly is neceliary in one as well as the other ;.
for barely adhering to the King’s Enemies is not Treafon, but there muflt be
an aé‘tual Aiding and Comforting. them; anda meet ’sintention to afliit' the
King’s Enemies, is not an adherence within the Statute of, 25 Ed. 3: s '

L. C- 3'. Holt. . [If there be nOt High—Treafon in the Act alledged, that .is, if I

it do not make Out an adherence to the King’s Enemies, than your Objeétion
WOuld hold good. ' ‘

Mr- Phipps. ‘ The going tolcruize, my Lord, does not make out an adhe- .
rence to the King’s Enemies; for" his cruizing may be for other purpofes as well

as to take the King’s Ships, and your Lordlhip will intendthe heft in favour

of‘Life. ,, ' -‘ i ‘ ‘ 'w
Mr. Whitaker- To burn the King’s Ships; . , , g

L. C. 3'. fret}. The Indiétment is laid for-Adhering to, and Comforting

and Aiding the King’s Enemies- You would take that to be capable to be con-

f’trued adhereing to the King’s Enemies in other refpeéts ; but I take it to be a

reafonable Confiruc‘iion of the Indiétment, to be adheringto. the King’s Ene-

. mies in'their'Enmit}. ; What is the Duty of every Subjefi? It [is to fight with,

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and-‘fuhdue, and weaken therli’ia’g’s' Enemies: And contrary to this, .ihhe Con.
federatewithLand Strengthen the King’s Enemies, he eitprefly contradiéts this
DutyfohhisiAllegiahce, and is Guilty of thi§ Treafon‘of adhering-to them.
But then you fay here is no aiding, 'NSunlefs there were {omethmg done, Jame
Afi‘deoflilityuNow here is going a Board with an intention to do fuCh’Aé‘CS;
And 18 notthht‘“ Gémforting an’d,Aiding.> _ Certainly it‘ is: Is not the Franc/i
King, comforted‘iand aided, When he has got fomany Englzfl: Suéjec‘is to go a
cruizing uponOur Ships 9 Suppofe they Man" his whole- Fleet, ora confidera-
ble ’..par.t~of it ; Is "h‘otthat aiding 9' If they go and enter themfelves into a. Regi-
ment, Lift themfelves and March, though they. do noteometo a Barrel, this is
heiping and encortragin ; fuch’thin‘gs give the Enemy Heart and Courage to
goon" with the War}; 0r elfe, itrmay be, the French King would come to good
Terms of Peace. "It is certainly Aiding and Comforting otthem, to go and ac-*
cept avCommiflion, and enter'into their Ships otWar, and Lifi themtelves, and
go out'in order to deflroy their Fellow-Subjefis, and wine the King’s Ships .;
thefe areAé’tings of an Hofiile nature. ' And it this honor adhering, @c. it
mayxas-well be iaid, That if the fame Perfons had made an attack 'upon'our
Ships and mifcarried in it, that had not been fo neither, becaufe that in an un;
profperous attempt there is nothing done that gives aid or comfort to the Ene-
my. And after this kind of Realbning they will not be Guilty, till they have
Su’ccefs ;" and if, they have Succefs enough, it will be too late to queflion
them; , , . . ,

I Mr. Phipps. “Intending to levy War is not Treafon, runlefs a War he aétual-
‘ . levied. ‘ A 1 . 1 » . ' . ‘
y L. C. 7.7‘reéy. Is it‘not aétual levying ofWar, if theyaéi‘ually provide

Arms, and levy Men, and ina Warlike'manner fet out and cruize, and come .
, with a defign to defiroy our. Ships:3 -. , . a .

~ Mr. Plain/2:. ' It would not be an aaual levying of War, unlefs they commit
{ome Adi/of Hoftility. , ‘ ‘ .. " ‘ ' , p .
, ,.L. C. 7.19011. Yes, indeed, the going on Board, and being in a pofiure to
attack the King’s Ships. A’s to the fault you find with the Indiament, there
is a fault, but not in point of Law; they might have laid it more generally,
{0 as to—have given morei’Evidence. ‘ ~ ~
Mr. Bar. Pam's. HoWever it is well enough. " 4 '
But for you to fay, becaufe they did nOt actually fight, it is not a levying of
War; Is" it not plain "What they did'intend?‘ That they came with, that inten~
tion, ’that they came in that Pofl-u-re, ' that they Came Armed, and had Guns, E
and: Blunderbufles, ”and furrotmded the Shvip~~tWice,.: they came with an armed
force ; that is a firong Evidence of the defign. " " » . * " x
i? L. C. 3‘. Holt. You would‘make: no x—Aaéto' be aiding and affifiing but
MngPlzippr. , Then next I" am in your Lordlhips “Judgment, whether the Sta-
tute of 2.8 of Hen. the 8th. by which Captain Vaughan. is tried, is in force, and '
be not repealed by the firi’t and fecond of Philip and Mary, which faith, that
all Tryals, in Cafes of Treafon, {hall be at theiCOmmon-Law. NOW by the Com-- ,
moo-Law before the Statute 28 Hen. 8. Treafon done upon the Sea, was tried *

_,

before‘the Admiral,-br his Lieutenant, and my Lord Coke in the 12. Rep. in the "i ‘ .
Cafe of the Admiralty, faith the Iurifdiétion of the Admiralty is by the Com-’- - . ‘ ‘ ' .

moo-Law. By the Statute 3; He». 8. Treafon confefléd before three of the
Privy-Council might be tried in aforeign County,» but that Statute is repealed
by the Statute I and 2 of Philip and Mar} ;. for by the Statute 3 3 He». 8. c. 4.
Treafon committed in train, might be tried in what County the King would
afligjn; but fince stile Statute of Philip and-Mary, it mui’t be in the proper <
County; Io that we are in your Lordlhip’s Judgment, whether the Statéltc of

2 Hear.

 

 

 

 

 

 

 

' -*',‘A'C4s) .
28 He». 8. be 111 force; and Whether, {nice the Statute of 1: and 2 PI: lip and

Meg, Treafons done upon the sea, ought not t9 be med before the Admirals, or.

anciently at the Commoh Law.) "

x . L C. 3‘ Halt. This is Treai'on by the Common Law and the Tr1a11Sbyw "
"the MethOd .of the Common Law... ' ‘ ‘

Mr. Phi/2,21. ’Tis trhe that my Lord Coke, and other Authorities fay, That

‘ the Statute 35 Him 8. For trying Treafons committed beyond Sea, is not re-

pealed by the Statute oF 1 and 2 Philip and Mary, but they do not Fay that this

1 Statute 15 mt repealed by the Statute oF Philip "and Mar J , and the Books being

\

filent in this, is the reafon why .III. pr0pofe this Qxeihon for your Lordlhtp S, '

Judgment. . .2
LC. 3’. Halt. It is no more a Qgefhon than the TryaIls oF Foreign Trea-

{on, and then the Determination of the $151,115 neon the 351/). determmes the ‘

(Lheliion upoti th1s. ‘, _, .
“ Dr. Olajyt- We tnufl have two W1tnefi€gs by the Rules 6F the CiVil Law,

an extrajudimal Faying oF a Party may be retraéted by them at any time, that .
is the Civil LaW, and F0 there can be but one With '

l

L C 7 flair. That 18 not the LaW CF England I i"r-’-m '

Dr. Ola’Ji ido humbly concerve that the Civil Law is not taken aWa yin '

'l this Cate; For thohgh the Statute prchribes the Form oF Proceedings ascord-

ing to the 111112501 the Common Law, Yet as to the Crimes and ProoF s the Ci-

vil- LaW 1s Ftill 1n Forte, andt t1en the Party may retrafl; his Confeflion 1n Judg-

ment, much more any CthflJUdtClal Faymg -.
Mr. Wkiz‘aier.It You are analgmng the Verdla» a -

L C. 3’. H012‘ That you lhould have taken nouce oF before the Verdrft, was
giVen. But we think there is no danger in hearing this Objeé’tton, becanfe it

' 18 F0 eaflly anfwered How many WltneHEs Were to tthonFeflion >

I

' no effeét

Sir C/J. Héilg es Wt: are not in a Court that ptoceeds accorchn to the 111151-

111111; of the C1 1,1,Lew,;-bu111 we were, that Law is were 1b rd‘astb 11-
loW’ t at a Partylé may retrat‘t F115 ConFeflion a any tinfedfioihs t6 makeiithavc

":14; ;.II

It"!

Dr. Dir/Jr. There mutt be two WltDEFFCS it’d“t thh Vii. Eff " ‘1
Sir Cb Hedger-‘1 50 there are here to the ‘ Fefhon 3 but yoh mifiake if

we

 

you thihk that every partrcular is. to be preveti firté’tly a? the Civil Law re-

, quires, For the end oF the Statute which dtree'ts the PFdhe‘éd‘ihgsmF this Cburt

was to Facilitate t1 1e. Method 0F makmg ProoFs, that bein Found diFEcult by the
coutfe oF the Civil Law; and thereFore Was that Stat made as pia’tnly ap- 1

pears, by the Preamble thereoF.
Dr Ola’Jr There 13 a neW Statute that revives that Statute again, and that

. iequires two Witneflts, whereby tis reduCed to the Rules oF the Civil Law
1 11min. 1 2
1 b

L. C. "f. Holt. Two Witneflhs there muff be, but then confider it is not
neceflhry to have two to every individual Oveit-Aé’c: For Fuppofe there be

' two OvertAéts laid in the lndié’tments, For one Fpecies of TreaFon, Compafi'

ling and Imagining the Death oF the King 5 if there be one Witnefs that
he bought a Dagger, and Faid he would kill the King, and he 18 feen, it may
be, going to the King 3 Bedchamber with the Dagger, ranOther Witneis Fays, he
faid he would kill the King with a Piliol, and bought a Pif‘tol ,and he flood wait:

ing to kill the Mag as he came by; that is another Overt-Aét of the Fame “ i
Treafon. If one Witnefs p1ove One, and mom er \Vitnefs prove the other, ,

this is Fufheient ProoFI With us.

Mj _ , i ' ’ 03.01%1.

 

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A ; (46> f n
Dt'.0161 s. It isgfinther Quefiion-{Whethcrhe be a Subjeé‘ta
L. C. . Holt. Thatis not 'anlOvert-Aec-I; if there; be! One'Witnefs tovth'ar,
it is enough; there needsmot“ two Witnefles to prove him a , Snbjeé’c ;_y but upon

the 'Tryal there were above two Witnelfes to prove it : There ‘WasCritteaz‘len, ‘

the Marlha’l of, Dover, Cray and Rivet. ,I'mUfi'tellYOu; as to the DOétrin‘c
of the Civil-Law, «it, is not univerfally received in all *‘COuntr’ie's ; it-is received in
{ex/feral COuntries as they find it Convenient, and not as Obligatory in it
{Cl . r . ’ I ‘ ’ . ‘ i ,‘ ‘
Dr. Ola/yr. Yes, inall places, asflto Proof”; for ’_tis the Law of God and Na}
tions, Ex ore (Ingram, 'vel trizmi,&c- And one Witnefs is no Witnefs. ‘ '
Sir Cla. Hedger. Two Witnefl'es may be neceflary to conviét a Man of any

capital Crime, but then it doth no: follbw that there muft be two Witneflés to _

prove every Particular Faét and Circumftance. In this point, touching the
Place of theNativity of Thomas Vaughan, Was there n0t fufficient in his own

Confeflion, together with the other Proofs 9n the King’s behalf, to throw the

burden of Proof upon the Prifoner 9 You your felves feern to [have ' been of

that Opinion 5 you undertook to prove it, and ’tis you that have failed in that

particular. , _. . ' . , ,

L. C. fluff/alt. Our Tryals by Juries are of fuch Confideration in our Law,
[that we allow their Determination to be the belt, and mutt advantagious to the
Subjeét, and therefore lefsEvidence is required than by the Civil-Law. So
{aid Forte/cue in his‘Commendation of the Laws of England. . ,

Dr. Olafys. Becaufe the Juryarethe Witheflés in reality, according tothe
Law. of England, being prefumed to be ex ivicineto; but [when .it is on the
Higgand Open Seas, they are ’not then' prefumed to be ex wicz‘neto, and fo
muli’bc‘ in’itru‘éted according to the Rules of the Civil-Law ‘ by WitnefléS- 4,

Mr. Bar. Pam‘s. This is nota Tryal by the Civil-Law; for thatStatute‘Was
made to avoid .th’e‘itNiceties of Your Lawn ' ‘ / '

Mr. 7. gym. “ He istrycd with like Evidence, (as in other Cafesof High-
TreafOn. , ‘ . , ' ‘ ‘ ' ‘
Dr. Qldys. ‘ No, the late-Aft requires two Witnefl‘es:

'. CI... of. Arr. ' 'Make Proclamation of filence‘: " '

I .. (Jeni-Ii. yA‘llfitnannerof "Perfons areCommanded to keep, filencc, while Judg-‘
" mgysigivipg. upon pain of Imprifonment. » ‘ _

I

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,1 11;."4a4zzdrbm7fldgment was gram, according. as the Law (firefly m C aft: of

 

 

 

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' An flhflmfii‘ of the Trjnl if John Mur he or'
i g , ' ,High-Trenfen, Sic; . P Y f i *
John, Murphey heing Indiffed fir High—Trefln,’ the ‘

Twelve Gentlemen filleming were fworn upon the in!) ' ‘
’ / for his Trjnl, , " , , ' ,

Nathaniel Long . . john Morenood

 

fohn Enre _, 2 Nicholns GIGMWd}
fohn Chi/cl g {g '; , Sanznelj’aeéson
[homes Clarée; «if . i 20/322 Hall , W
Thomas Bn‘tenznn . l: fohn Collnnzn‘,
Henry Trye Reger Mott.

Then Mr. Whitaker, one of the King’s Canned, opened
the Indifi’ment 5 after' which Dr. Nuton, one of the
King's \fldwcntes, fpthe a: followe. ' w " * N ' .

Ohn Mnrphey of Cork, in the Kingdom of Irelandy born a
Subjec’t of this Kingdom, and therefore owing Allegiance

and Service to his King and Country, {lands Indiéted for Ad-
hering to, Aiding and Comertiug His Majef’ties Enemies;
hand likewife for levying of War, in Aflifiing the French
King,;the Greatefl, the molt Inveterate, and the mall Dan-
gerous' Enemy of our King, our Nation, ourReligion, and
the Common Liberty of Europe, in an Unjufi, Cruel, and long
War, againl’t his King and Country 5 that King who Heads
the League againfl the common Oppreflbr of Chrifien'dom,
and x the Country whofe Forces and Reputation fuppOrt that
League *5 and this with a defign only, watch and fpoil, which

- is the Meaflfifiapart of the. War, ,butg...withali..atlae-- molt ' Mil?-
chievous to the InnOcent and Trading Subjeéts 5 eing on
Board a French Privateer, called, T he Norrie Dame de hon No-
welle, and Fighting in her ; for though tie’coming with fuch

’ a defign, and the being in a Vefl'el, under a Bent/2 Commif-
lion, was Criminal, and mull have met with , fince it de-
ferved the fame Punilhment ;. yet this was put in Execution

\ too,

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a . (48) * , ‘ ¥ — 4
too, bythe‘l the Taking the 3’0ka and If“; of London, on
a the TWehtieth of March l'afl, to the TerrOur .and the lnn‘po-

‘ verilhment of many of his Fellowrrsubjeéts ;1 Whlghrjufiifiesftheir

‘ .

comp aint; are "this publiclt‘Profecution of the State, for the

i , bringing him to‘Jufli‘ce.“ ‘

iAndI ,‘then the WitnefleS for» the King; were ‘acallecli; ia nil
thus being Examined together, withfevetail others,_, on {he be.
half of’thc’ Prifoner, it appears to the Jury that, the {aid Mar—
pbey; being an Irzjb Man, and his Majeflies Subjeét‘, did'Tra'if-
- teroufly adhereunto, and affifl the French . King in a' French

Ship, Called, U96 Noflre Dame de 6072 Nor/Elle, and in Taking
and Securing therewith a Ship, called, The 70ftap/a‘ and Mac of
i \, London, belonging to Engli/b Subjeéts. And thereupon he
was] found Guilty, and received ”Sentence of Death, as in Ca- .
- ' {es of High-Treafon. * ., 1 ‘ ~ ‘

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E W 1-5 M E X A N D E R. OE Bourlzoéz, Earl of Toylézzfie
Duke of Amalie, Comniandet of theKing’s OIrdErs,
Governor and Lieutenant-General for His Majeflv in
the Province of Britain}, Peerand Admiral of France. '

To all thofe who {hall fee theft: ptefent Letters _.Gteeting5
The King having Declared \War againi’t His Catholick Ma-
jefly , the Favoutets Of the . ' of the Crowns of
England and Scotland, and the Efldtes of 1/26 _.?Jzzited‘ Prbzzimes,

for the Reafons contained in the! Declarations Publilhed by

. His Majel’ty throughout the Extentof His Kingdom, Coun~
, I tries, Lands and Lordlhips under His ObedienCes and His
Majefly having Commanded Us to take; catezIthat ihe {aid
Declarations be obferved, in what. dOth depend . upon the
Power and Authority which His Majef’ty, hath- , been pleafed

to commit to Our {aid Chargefof'Admital. We have ac-
cording to the exprefs Orders of His {aid Majefly; given
Leave; Power and Permilfion to T H 0 M AS VAUG H AN, ’
living at Balloz‘gne, toatm and {et forth in Warlike :Man—
net at Bark, called, The Loyal Clemartyof the Burthenof
Ten Ttins, or thereabouts, Which is at prefent in; the For;

' N O

 

  

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0531511012719, With ‘fuch Number of Men, CannOns; Bullets, J

POwder, Shot, and other Ammunitions of War, and Prov}

' fionswhich are Ne'cefl‘ar‘y to fet her. out to.,..Sea, in a Con-

dition to fail. and cruize upon the Pirates, and others with-
out Commiflion, as alfo upon. the. Subjects of His Catholick
Majefiy, the Eflates pf rival-United Provinces, the Favourers of
the , of the Crowns of England and Stat/472d, and
oth=~ gEnemiges (if this Efiatte, in what Platt§e~*s“ij foever he can
me‘Etl5'them,»Whether it be upon the Coal’ts of their Country,
in their Ports, or Rivers, alfo upon their Shores, or Places
where the {aid Captain THOMAS VAUGHAN {hall
think fit to land to annoy the {aid Enemies; and there to make
ufe of all the, Means and Arts permitted, and ufed by the

Laws dSf W3}: to take them and bring them Prifoners with
their.Ships, Arms, and other Things 1n their Polleflion.

Provided the {aid VA‘UGH A N lhall keep, and caufe
thofe of his:Crew to 'keep the Maritime Orders, and that he

[hall carry,'""dfilring his Voyage, the Flag and 'Enfign of the

King's Armsand of Ours, and caufe the prefent Commifiion
to" be Regi-Ptred in the Regiftry of the neareft Admiralty where

— he {hall be Equipped, and “leave there a Roll Signed and C631?

rifled byhim, containing the Names and Surnames, the Births
and'fiefidence of his Crew; and make his return to the faid
Place, or fome. other Port of France , and make his Re-
portgbefore the-Officers of the Admiralty, and no others, of
what (hall have happened during his Voyage, and give Us
Advice thereof, and {end his {aid Report to the SecretaryGeo
neral of the Marine,“ with the Papers juftifying the fame, that
We may give fuch Orders thereupon as may be Neceffary.
And 'We pray and require all Kings, Princes, Potentates,

Sovereigns, Efiates, Republicksr Friends A‘ and Allies of this
Crown, and all Others, to whom it {hall appertain, to give the

faid V A‘D’G HA N all favour, aid, affiltance and fuccour in
their Ports, with his {aid Veffel, Company and Prizes, which

. he {hall take during his Voyage, without doing, or fufl‘ering

to be done to him any Trouble or Hindrance; offering to do
the like when We {hall be by them thereunto required.

And We do command and require all Marine Oflicers, and
Others, to whom it {hall appertain, to let him fafely and freely
pafs with his faid Veflel, Arms and Company, and the Prizes
which he {hall take, without doing, or fufl‘ering to be done to
him any Trouble or Hindrance; but on the COntrary, to give

' ' ' him

 

V,
" ' ""- th‘ivm‘L-‘Q, "

' ’ 1 (Si) ,

him all fuccour and afllflanee that (ball be Neceflitryl: Theft:
Prefents to be of no force after one Year, from ,. the Day of the

date hereof. . . , __

In ~Witnefs, whereof We. have Signed _ thefe Prefents, ' and

caufed them to be Sealed with the Seal of f OuteArms; 323d;
Counter~figned by the Secretary-General of the Marina, 3: Vegan
‘ failles the tenth Day of the Month of 3241}, One thoufa-ed" fix
‘ hundred. ninety five; " ’ ‘ ' '4 I

L. J.- de Banfhon.
K L; S.

_ By‘ my Lord De Vallencour.

T he prejent Commiflion was Regiflred \in the Regiflry of the Ad.
nzirally of Bulloigne, after having been [6671' by as James Abot dc
laCocherine, the King’s (ounce/[org depnted to the Intendaney of
f Bulloign’e, Exerei/ing theCh‘nrge of Lieutenant-General of the Ad‘
' nn'falty, in the prefence of the King’s Proflor, at'the reqttefl of the
fair! Captain Vanghan, being prejent, when: we have permitted to
fail "and maize npon the Enemies of the Eflate. . Done at Bul—
loigne the fourteenth of July, One thonfand fix hundred ninety
fine.'~ V; .

_ ' Magmon.

Ve‘ffionem hancx AngliCanam in“ omnibus, can:
' [no Originali Gallico cont/enire teflor,

W ilihelmn: Rocky; Notar. Publ.

 

 

 

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tweenfiuckm; a Confqimim andlpfhlzerg a. Reeufant..; jig Samelfliilfieétor of Kit-
- ‘1 «h ,a‘ “‘7'7’3." ..:i' ;‘ .1-7..a‘,.""".> .77. 21 my." . mix/1;» ‘v. "' r“; .7 i

zazggtpfl,’ firithor of Soiomon and Abmtédf. . . . I L . v _

.4 :Th‘e Tryals; ”of in]??? Dam, Edmflfi Eprfiltbs iWifllflm‘g‘Wfla WWW 313907; fame:

Lem}, and john Sparkesz For feveral Pirac1es and Robberies Abyithem committed, {in

’ the Company of Every the Grand Pirate, near the Coafts of the Edfi‘Jndicx, and feve-

ral other places on the Seas. Giving an Account of their Villainom Robberies and Bar-

7. barities. 71"“ .. 7&3; 7, 7). -‘ j , ' '

Eiéh'a :5 is ‘fiieahhedjbn feveral Occafions- By Nathaniel Whitley Reétor of
firoughton, in Northamptonfhire. _ . . . , . .

A New F ily-Book: Or the True Intereft of Families. . Being ‘Dtreéh’om to 19mm,

and Children5-‘7and‘tb thofe who are inftead of Parent: 5 fherngthem their feveral Du.

 

‘ ties, and how. they may be happy‘in one another. Together with feveral Prayers for

Families and Children, and Graces befOre and after Meat-_ To which is annexed a Dir.
com‘fe about the right. Way Of improng our Time, iBy fiamesiK1rkmad,‘Rc€tor of
flflmick in Btdfordflairc. With a Preface by Dr; Horneck. -*

The Guide of a Chrifiian, direCting him to fuch things as] are by him to be believed, .
praétifed, and h0ped for. , There are added at the End, Prayers to be ufed upon feveral '

Occafi'o as: . ' . . . .

,Morai.Maximsand Refleftions. ,In Four Parts. Written in French by the Duke of
Rae/712777147 'Nowmédefnglifhv " ' F '3 -- *' ‘ ' ' 3 , ’ ‘

. Lsmrs on feveral ism-23715,, bythe late pious Dr- Henry More. .. With feyera‘iiother
Letters. To‘which is added by the" Publither, tWo Letters, one to the Reverend Dr.
Shortcak, JDean 197 St: Paul’s; and, the Other to the Reverend Mr. Bentley. With other
Bifcourfes'.~ Publifh’d‘bythe Reverend MI“ 5- £47: .l‘ , .‘ , q , .

.A‘ Braétical Difcourfe concerning the Redecmlng of Time. BbyiEdmrd "Felling, D."
Chaplain-in Ordinary to Their Maiéitie'sa and Better of 1193mm ‘ m Suffix. . , _ ..

V‘Thc; True. Royal Englilh School, for His M8163?“ 1'1““ 39.349“? Being a Gata‘
logue of“ an the Words in , the Bible, together With}! PM“ In. Ptpfe and Verfe. and“
variety of Pictures, gag. together with 3.“ 'Expofition on the Creed. ‘ By T ohm Elli,
late Minififir‘ofthe Gof ,1‘ ' ' ' " ' ‘ " ' ' ' ' " ' " ~

” The Gauger and Mea urer’s Companion: Bemga compendlous way of Gauging S“- .

“yerficie: and Solids, (Sec. Alfo a brief Defcription of the Gag: Paint forJAle and Wine-

Gallofié’émfi TQWheich is added a true Method for Ibrevving firong Ale in London, Ste.
4 , With thirtyCuts. By 74mg: Ligbtbodyflhilomath.‘ Price 1 :. 6 d. . - , ..

Wm" \ 3"}: :7 "-772. -' " .- .9- .,’e’-'.r-'x»:.; ”.7 "' , - ' '
' ‘ , . we aridflfiy‘ofi the pretent-Gonfiitufloh: undet‘King st/Iimr . .
The firflsirelailfiflgiw thc SWB'fIfle Seéondto :thwlaurdm ..4.Be.-.,~= ' ’

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