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Thomas Vaughan (pirate)

Thomas Vaughan (died 1696) was an Irish pirate and privateer who sailed for France during the Nine Years’ War. His trial was notable as a test of English common law against admiralty law.

History Edit

Vaughan has been a privateer as early as 1692 by raiding Protestant settlements and briefly capturing the Aran Islands.[1] His ship Loyal Clencarty, was captured in July 1695 but escaped the following month, before he could be tried.[2] He was recaptured in Hamburg in early 1696, escaped again and was recaptured and sent to England for trial that June.[1]

English authorities wanted to try Vaughan for piracy by either ignoring his French privateering commission or linking him to ships stolen before he had joined the French. They were warned that English captives in France could face the same fate if Vaughan were tried as a pirate.[1] English subjects were forbidden from serving foreign rulers against England, so he was accused of treason instead. The trial was conducted under common law but before Admiralty judges.[3] Lord Chief Justice Holt remarked, “Acting by Vertue of a Commission from the French King, will excuse them from being Pyrates, tho not from being Traitors to their own State.”[4] Vaughan argued that he was born in Martinique and was thus a French subject, but several witnesses confirmed his Irish citizenship.[5]

He was tried in November 1696 with two of his men and was soon executed. Their trials were conducted the same day as the piracy trial of several Henry Every's crew sailors. Vaughan's counsel, William Oldys, was also present for the piracy trials of John Golden and William Kidd. Golden’s trial was similar, and he was convicted of treason, not piracy though his commission had come from the deposed James II, instead of from Louis XIV, as had Vaughan's.[6]

See also Edit

  • Jacobitism, the movement to return James II to the throne of England

References Edit

  1. ^ a b c Finnegan, Oliver John (1724). Pirates in the 'Age of Projects', 1688-1707. Cambridge: University of Cambridge. Retrieved 13 June 2022.
  2. ^ Baer, Joel (2007). British Piracy in the Golden Age: History and Interpretation 1660-1730 (Vol.4 ed.). London: PICKERING & CHATTO. pp. 85–86. ISBN 978-1851968459.
  3. ^ Rubin, Alfred P. (1988). The law of piracy. Newport RI: Naval War College Press. pp. 76–78. Retrieved 13 June 2022.
  4. ^ The tryal and condemnation of Capt. Thomas Vaughan for high treason in adhering to the French-king and for endeavouring the destruction of His Majesties ships in the Nore who upon full evidence was found guilty at the Sessions-House in the Old-Baily, on the 6th of Novemb. 1696 : with all the learned arguments of the King's and prisoners council, both of. London: John Everingham. 1697. p. 17. Retrieved 13 June 2022.
  5. ^ Craze, Sarah (November 2016). "Prosecuting privateers for piracy: How piracy law transitioned from treason to a crime against property". International Journal of Maritime History. 28 (4): 654–670. doi:10.1177/0843871416663987. ISSN 0843-8714. S2CID 159998526. Retrieved 13 June 2022.
  6. ^ Baer, Joel (2007). British Piracy in the Golden Age: History and Interpretation 1660-1730 (Vol.2 ed.). London: PICKERING & CHATTO. pp. 103–104. ISBN 978-1851968459.

Further reading Edit

  • The tryal and condemnation of Capt. Thomas Vaughan - The full transcript of Vaughan’s trial.

thomas, vaughan, pirate, other, people, named, thomas, vaughan, thomas, vaughan, thomas, vaughan, died, 1696, irish, pirate, privateer, sailed, france, during, nine, years, trial, notable, test, english, common, against, admiralty, contents, history, also, ref. For other people named Thomas Vaughan see Thomas Vaughan Thomas Vaughan died 1696 was an Irish pirate and privateer who sailed for France during the Nine Years War His trial was notable as a test of English common law against admiralty law Contents 1 History 2 See also 3 References 4 Further readingHistory EditVaughan has been a privateer as early as 1692 by raiding Protestant settlements and briefly capturing the Aran Islands 1 His ship Loyal Clencarty was captured in July 1695 but escaped the following month before he could be tried 2 He was recaptured in Hamburg in early 1696 escaped again and was recaptured and sent to England for trial that June 1 English authorities wanted to try Vaughan for piracy by either ignoring his French privateering commission or linking him to ships stolen before he had joined the French They were warned that English captives in France could face the same fate if Vaughan were tried as a pirate 1 English subjects were forbidden from serving foreign rulers against England so he was accused of treason instead The trial was conducted under common law but before Admiralty judges 3 Lord Chief Justice Holt remarked Acting by Vertue of a Commission from the French King will excuse them from being Pyrates tho not from being Traitors to their own State 4 Vaughan argued that he was born in Martinique and was thus a French subject but several witnesses confirmed his Irish citizenship 5 He was tried in November 1696 with two of his men and was soon executed Their trials were conducted the same day as the piracy trial of several Henry Every s crew sailors Vaughan s counsel William Oldys was also present for the piracy trials of John Golden and William Kidd Golden s trial was similar and he was convicted of treason not piracy though his commission had come from the deposed James II instead of from Louis XIV as had Vaughan s 6 See also EditJacobitism the movement to return James II to the throne of EnglandReferences Edit a b c Finnegan Oliver John 1724 Pirates in the Age of Projects 1688 1707 Cambridge University of Cambridge Retrieved 13 June 2022 Baer Joel 2007 British Piracy in the Golden Age History and Interpretation 1660 1730 Vol 4 ed London PICKERING amp CHATTO pp 85 86 ISBN 978 1851968459 Rubin Alfred P 1988 The law of piracy Newport RI Naval War College Press pp 76 78 Retrieved 13 June 2022 The tryal and condemnation of Capt Thomas Vaughan for high treason in adhering to the French king and for endeavouring the destruction of His Majesties ships in the Nore who upon full evidence was found guilty at the Sessions House in the Old Baily on the 6th of Novemb 1696 with all the learned arguments of the King s and prisoners council both of London John Everingham 1697 p 17 Retrieved 13 June 2022 Craze Sarah November 2016 Prosecuting privateers for piracy How piracy law transitioned from treason to a crime against property International Journal of Maritime History 28 4 654 670 doi 10 1177 0843871416663987 ISSN 0843 8714 S2CID 159998526 Retrieved 13 June 2022 Baer Joel 2007 British Piracy in the Golden Age History and Interpretation 1660 1730 Vol 2 ed London PICKERING amp CHATTO pp 103 104 ISBN 978 1851968459 Further reading EditThe tryal and condemnation of Capt Thomas Vaughan The full transcript of Vaughan s trial Retrieved from https en wikipedia org w index php title Thomas Vaughan pirate amp oldid 1171149740, wikipedia, wiki, book, books, library,

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