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Account of the Life of James Bather,
Late Boatswain on the Brig ‘Nightingale’
Written by himself (1755)

Taken from a publication printed for R. Griffiths in Pater-Noster Row, London, 1755.
30 pages.

Transcribed by David Carter 2022

National Archives ref: T 1/352/47

 

[Implied letters in brackets have been added by the transcriber. 
Spelling remains largely verbatim]

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Transcriber’s notes about James Bather:

James Bather was baptised at Northam on 17th April 1726, the son of James & Mary Bather, his father originating from Torrington.

James wrote this account of his life whilst in prison being investigated for his part in the burning of Thomas Benson’s ship the Nightingale, in an attempt to defraud the insurers.

An interesting detail in this narrative is that James was brought up by his mother, because his father had to flee the country after being involved in a fight with the vicar and another man. (The vicar at that time was the Reverend Robert Doleman, who served from 1726 to 1740). There is no record that his father ever returned. James was then apprenticed to Richard Berrill and then John Limbery, a coasting sailor.

Bather then describes his naval voyages during the War with the French (The War of the Austrian Succession, 1740-1748) on the Benson Galley attempting to take enemy ships as prizes. Then working in Newfoundland in the cod-processing trade. After that he spent time in the coasting trade, and then voyages were made to Carolina and Boston, Antigua, and Jamaica.

There is no record of a marriage to his wife Orrice c.1749, but she died giving birth to their first (and only) child – a son James in 1750.

In July 1752 Bather was hired to work as boatswain on Thomas Benson's vessel, the Nightingale. She was supposed to undertake a voyage to Maryland, loaded with supplies and a cargo of export goods, plus 15 convicts who were being transported. The account of this voyage, and the wilful burning of this ship to make a fraudulent insurance claim, is given in detail in this narrative.

Following the incident, Bather was persuaded (whilst drunk) to sign a document stating that the burning of the ship was accidental, but the following day realised that this was wrong, and agreed to meet the Insurers in Exeter to tell them the truth. The insurers did not know who to believe, so Bather was held in Southgate Prison at Exeter, whilst the rest of the crew were being examined. He was then transferred to prison in London awaiting the trial of his former shipmates, which is where he wrote this account of his life.

The trial in the Court of Admiralty did not take place until February 1754, after which James Bather was deemed to have told the truth, and was released.

No record of James Bather’s death or burial has yet been found, but given the circumstances of the events described here, and that he had probably made enemies in his home village, he would have almost certainly gone back to sea, where he may have died, or settled in a different country. His demise is therefore unknown.


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Index of Names:

Richard Ashton
William Balch
James Bather
Robert Bennet
Thomas Benson
Richard Berrell
Roger Bond
Edmund Brooks
Robert Brooks
Captain Clebbet [Clibbett]
George Coad
William Cook
William Darricot [Darracott]
James Davison
John Dennis
William Ellis
Alderman Heath
William Hooper
Thomas Husbands
Thomas Innes
Mr Knowles
John Lancey
John Lambery [Limbery]
John Lloyd
Edward Manley
Mr Magra
Peter Marshall
Andrew Metherel
John Organ
Robert Prance
Thomas Powe
Matthew Reeder
Henry Pugsley
Francis Saxton
John Saxton
John Sennett
Richard Sennett
Thomas Sharpe
Mr Tozer
Mr Turner
Richard Vernon

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Transcript:

A Full and Faithful Account of the Life of James Bather, late Boatswain of the Nightingale Brig, Thomas Benson Esq; Owner.

Written by himself.

Containing a circumstantial Narrative of all the Steps taken by John Lancey, Master of the said Ship, and others, for wilfully burning and sinking the Vessel, in order to defraud the Insurers; from the first to the last of that abominable Transaction.

Together with a Relation of the Means whereby a Discovery thereof was made by the Author, and Captain Lancey (now under Sentence of Death) Capitally Convicted of the same. Published from the Author’s Manuscripts; Revised and Corrected by an Impartial Hand.

LONDON:
Printed for R. Griffiths, in Pater-Noster Row.
[Price Six pence]

As the Public is in a great Measure indebted to me for the Discovery of this vile Transaction; and as my Name and Character have been often brought into Question concerning it, I think it expedient to premise some Account of my own Life, before I come to speak of the Share I had in the Destruction of the Ship, and in bringing the Principals in that iniquitous Scheme to Justice. And in doing this, I shall not spare my own Conduct, but speak of myself, my bad, as well as good Behaviour, with all the Impartiality that can be expected by the considerate and candid Reader.

About twenty-seven Years ago my Father and Mother lived in good Repute, in the Parish of Northam, in the County of Devon; but a Quarrel happening between my Father and one Robert Bennet, of that Place, and the Vicar of Northam interposing between them, my Father unfortunately beat them both. The Consequence of this Exploit was, that my Father was obliged to fly the Country, to avoid the Resentment of the Vicar, who threatened him.
My Mother procured for me what little Learning she was able to pay for. She kept me at School from the Time when I was six Years of Age, ’till my eleventh Year; when she put me upon Trial with one Richard Berrell, in order to my serving an Apprenticeship to him. However, not liking each other, we soon parted, and I returned to my Mother again; but, not long after, she had me bound to Capt. John Lambery [Limberry?] (Of Appledore, or Biddeford; but which of the two is not quite clear from Mr. Bather's Manuscript) for eight Years, viz. seven Years Apprenticeship, and one Year as a hired Servant. This Time I served duly and truly, agreeing very well with my Master, who is a very worthy Man: He was chiefly concerned in the Coasting-Trade.

During the Time of the late French War, a Privateer being fitted out at our Port, by Thomas Benson, Esq; called the Benson Galley, Capt. Richard Vernon Commander, a great many young Men of my Acquaintance engaging with Capt. Vernon, perswaded me to go with them: Accordingly, I desired my Master to let me take a Cruise.

In a short Time the Galley went over the Bar of Barnstable, and steered a Western Course, 'till we came off of the Cape of Ireland, where we met with a Portuguese Vessel, which we boarded, and searched narrowly, but found nothing to condemn her for as a Prize. Then we steered for the Bay of Biscay, and met with two Seekers, the one called the Thurloe, of Bristol, the other was a Prize belonging to his Majesty; her Name I have forgot. They hailed us, and then went a Course quite different from ours.

The next Day we saw a large Dutch Ship, supposed to be betwixt six and seven hundred Ton. We made towards her, and demanded from whence they came; they told us, from Corsica, and that they were bound for Holland: Whereupon, we left them without further Examination; but the next Day we spoke with a Snow[*] from Jamaica, who told us that the large Ship we met Yesterday was a lawful Prize; that she came from Cape Francois, with a Dutch and French Crew on Board, and that she was bound for Old France: For the Snow had kept Company with her a great Part of the Voyage, and saw her come out of the above-mentioned Port. On this Intelligence we were not a little vexed, that we had suffered so considerable a Prize to slip so easily through our Fingers.

The same Evening that we parted with the Snow, as we were cruising in the Bay, we saw a large Spanish Ship. It being then dusk, we kept close under her Stern all that Night, and in the morning we shot just abreast of her, but not near enough to hail her. We had not lain long in that Situation, before she fired three small Shot at us, her Spanish Colours flying at the same Time. We returned the Compliment, with our English Colours flying. It was my Opinion then, and is so still, that on our firing, the Spaniards struck to us; for at the Time that our Captain ordered our Helm a Weather, they hauled down their Ensign, doubtless in order to strike. But our Captain averred, that was only a Decoy to fetch us within the Reach of their great Guns.

But, though some of our People pretended to be highly incensed, because our Captain would not fight the Spaniard, and so give us an Opportunity of making our Fortunes at once; yet, I am certain, had the Captain been willing to engage, the Ship’s Company would have failed him; for the Time that the Enemy fired, I believe there were between twenty and thirty of our Men upon Deck, who instantly fell flat down, for fear the Shot should take the Buttons from their Shoulders. Among these lion-hearted Souls, it must be acknowledged that I was one, for when I saw the rest fall, I thrust my Head against the End of the Windlass (near which I just then happened to stand) believing the Shot would not pass through it to hurt me. However, there was a great Squabble among us, when all was over, each laying the Blame on the other, that we did not fight.

Shortly after this poor Affair, we left the Bay of Biscay, and steered our Course for the Western Islands; and a Day or two after we took a French Banker, and sent her for England; but in her Passage, she was retaken from us. We then steered for the Banks of Newfoundland, where we took three more Ships of the same Kind, manned them, and sent them for England but they were all retaken. We then went further in the grand Bank, where we took three more of the same Vessel, and sent them to Placentia in Newfoundland; whither we now also proceeded ourselves.

Here we changed the blue and red Ribbons, which at our Embarkation we wore as Favours, as belonging to a Ship of War, but not for War; in the Room of which we now wore a little dryed Fish in our Hats. We were here sent on Shore to work on the Beach, like so many Jack-Asses, dispatching the Fish on Board other Ships belonging to the same Owner; which done, our Captain ordered Fish to be shipped on Board the Benson-Galley. The three French Prizes were now ordered to be got ready, in order to their being sent to England. Accordingly they were fitted out for the Voyage; by good Fortune I went in one of them, and all got safe to Appledore. As to Capt. Vernon, he went, in the Benson-Galley, with the Convoy, from Newfoundland; but they fell in with two French Men of War, of forty Guns, who made Prize of them all (There is a great Reason to believe, that these Ships threw themselves in the Way of the Enemy, in Pursuance of their Owner’s Directions, in order to be taken, that they might thereby take in the Insurers for more than their Value, This being a favourite Scheme of honest Mr. Benson's.)

On my return Home, I continued with my Master ’till I was out of my Time; soon after which I shipt myself on Board a small Sloop, John Saxton, Master, for North-Wales, with Potter’s Ware. We went over the Bar of Biddeford on a Sunday Morning; on the Tuesday following we put into Milford with a contrary Wind; and on the Thursday after we went to Sea again, and got into the great Bay of Cardigan, with a violent Gale of Wind, by which we narrowly escaped Perishing. But, after experiencing a Variety of Distress, the Particulars of which I shall pass over for Brevity’s Sake, we at last got safe to Barmouth, where we disposed of most Part of our Cargo. After a Stay here of about three Weeks, we again put to Sea on a Saturday; but on the Sunday following, our Vessel, which seemed fated for Destruction, struck upon a sunken Rock, and received so much Damage, that both Pumps would not keep her clear. The Water increasing on us, and our Pumps being choaked up, we were obliged to take to our Boat, and leave the Ship to the Mercy of the Sea, in which she was presently after swallowed up. We were then about three Leagues from Shore, which we happily gained, in our Cockle-shell Boat, in two Hours Time.

When we were safe on Shore, we thought little of our Misfortune, but travelled quite across North Wales, ’till we came to the Southern Part of that Principality; where, at a Place to which the Biddeford Vessels came for Lime-stone, we met with a Sloop, Capt. Clebbet [Clibbett], Master, who readily gave us our Passage Home.

After my Return to Biddeford, I agreed with Captain Robert Prance to go to South Carolina, in the Revenge Schooner, of Biddeford. By my Agreement with Prance, I was to have thirty-five Shillings per Month; and in the Articles it was specified, that I should proceed with him to Charles-Town, and elsewhere: That damned elsewhere had like to have been my Ruin; for by Virtue of the Latitude implied in that Word, he might have kept me out of England as long as he thought fit: The Captain, likewise, for his own Security, got me to sign a Bond, by which I obliged myself to pay him the Penalty of thirty Pounds, in Case I left him in any foreign Country; and the same Security was likewise given to him by William Darricot [Darracott], and John Organ.

We left Barnstable on Christmas-Eve, in the Year 1746, and sailed to the Westward, with a fair and pleasant Gale. By the Time we had got about 150 Leagues West of the Cape of Ireland, the Wind came to the Westward; and on the 7th Day after our Departure, we saw a large Ship, which we concluded to be a Spanish Man of War. We saw her in the Morning from our Weather Quarter, with her Studding Sails set, alow and aloft. We crouded Sail to escape her, and it did not appear that she gained upon us a Mile in eight Hours Chase; and when the Night appeared, we hauled our Wind, with all Sails set, and sprung our Main-Mast, but got clear off. As our Mast was sprung, we were now afraid to go on the Coast of Carolina, for fear of the Hurricanes; therefore steered our Course for the Island of Providence, at which we arrived on the 10th of March, 1747.

Here we got our Main-Mast fixed, and sold great Part of our Loading. After a Stay of about a Fortnight at this Place, we put to Sea for Carolina, where we arrived in eleven Days.

We had not been long at Charles-Town, before all our Men fell sick, and the Captain was forced to employ Negroes on Board the Vessel; and it was not long ere he began to use us like Negroes too; for on our returning on Board from our sick Quarters, being some-what recovered, he abused us, and would not allow us Provision enough to satisfy Nature. We were then weak, and could not work; and, therefore, he resolved we should not eat: In Truth, being then on the mending Hand, we had all of us voracious Appetites.

For my Part, I had not been returned on Board above a Week, before my Master and I had a Quarrel; and he threatened to put me on Board a Man of War. This alarmed me not a little; I knew myself in his Power, for I durst not leave him, on Account of the Penalty. However, to prevent his future ill Treatment of me, it occurred to me, that the best Way would be to enter myself voluntarily on Board a Man of War, in which Case he could not recover the 30£ Bond. Accordingly, as the Aldborough's Cutter was going on Board with fresh Provisions, I haled them, and entered on Board the Ship of War. As to Capt. Prance, I had no more to say to him.

It was in the Year 1747, about the Beginning of April, that I entered myself on Board the Aldborough, Captain Thomas Innes Commander. We did not tarry long at Carolina, but went to Boston in New England, to heave our Ship down.

Soon after our Arrival at Boston, the Canterbury, commanded by Mr. Knowles, together with the Lark, the Warwick, the Foy, and the Comet Bomb, came there. In November, 1747, we all sailed from Boston for Jamaica; but, off of the Island of Bermudas, we sprung our Fore-Mast; so that we were obliged to separate from the Fleet, and go to Antigua to refit: Which having done, we rejoined the Fleet at St. Christophers, and proceeded to Jamaica; from whence Admiral Knowles soon dispatched us back to our Station at Carolina, with Orders for us to heave down at Charles-Town, and thence to return to England.

Accordingly we hove down at Charles-Town, and got all Things ready for putting to Sea. Our Voyage to England was prosperous and quick, for in six Weeks we arrived safe in the Downs. In three Weeks time we were all paid off, and every Man went to his respective Home. For my Part, I went Passenger in a small Brig for Falmouth; but in our Passage down, off of Dover, the Wind blew contrary for us; wherefore we bore away in order to get into the Pier.
As we were endeavouring at this, a Pilot haled us, demanding if we wanted a Pilot? To which we answered in the Negative; adding, that we were well acquainted with the Pier, and could carry the Vessel in very well ourselves. The Event, however, shewed that we were grossly mistaken; for as we were steering between the two Pier-heads, the Brig went, with full Sail, against one of them (and stove in the Luff of her Bow) so that we were obliged to refit; which done, we proceeded for Falmouth, where we arrived safe.

Here I bought a Horse, and then steered my Course through the Country, for Biddeford, where I found, to my great Joy, that my beloved Sweetheart, whom I had left behind me at Appledore, was yet single. She was a Servant to Capt. Edmund Brooks, of Appledore; but, I now perswaded her to leave her Place, and enter with me into the Holy Bands of Matrimony. To this she soon consented, and we then lived three Weeks together, at my Mother’s House at Northam.

At the End of the just-mentioned three Weeks, I went a Coasting Voyage with Capt. John Dennis, in the Fruitful Vine: This was in the Month of October, 1748. I continued with this Captain near four Months; at the End of which Mr. Dennis quitted the Ship to Capt. Edmund Brooks, with whom I went a Voyage to Wales, and from thence with Coals for Cork in Ireland; returning by the Way round the Land’s End of England. After this, I went two Voyages with Captain Robert Brooks, Brother to Captain Edmund. I next sailed five Voyages (three to Cork, one to Dublin, and the 5th to Dartmouth) with Mr. Strange, which altogether took us up fifteen Months.

I am now came to the Year 1750, a fatal Year for me, in which I lost my dear Wife (who died, leaving me one Child) and became acquainted with Thomas Powe, who has since been tried for his Life, at the Admiralty Sessions held at the Old-Bailey, on Monday, February 25, 1754, together with Captain Lancey, as an Accessary to the Fact of wilfully destroying the Ship Nightingale, in order to defraud the Insurers.

As I was one Day walking on the Strand at Appledore, I saw this Powe, whom I wanted to avoid, because I owed him some Money, and had none to pay him: I was apprehensive he intended to dun me, but it seems he had other Thoughts. I told him I had made a very bad last Year’s Work of it, and could not possibly as yet get out of his Debt. He replied, That was not what he wanted with me; and asked me, if I had a Mind to go Abroad? I answered in the Affirmative; adding, that I could get but little by Coasting.

To this he answered, That I might either go in the Catharine, or the Nightingale; and that I might make up my last Year's Work Two­fold. This surprized me greatly, not knowing what he meant. I asked him to explain himself. He then told me I should have thirty Shillings a Month, and go Boatswain of the Vessel.

I now thought I had a good Proffer, as nothing like this was to be gained in any other Vessel; and, therefore, I was very glad to embrace so lucky an Opportunity; not in the least, as yet, suspecting the Villany that was in Agitation.

Two or three Days after I had this Conversation with Powe, I chanced to meet with Mr. John Lancey, in the said Powe’s Shop. I had never spoke to Lancey before this Meeting; and then it was that I signed an Agreement to proceed with him, in the Nightingale, for Maryland. At this very Time the Vessel lay at Instow-Quay, without her Rigging. The Master, therefore, desired me to go directly over, and rig her as quick as possible.

The next Day Richard Sennett, Roger Bond, James Davison, and myself, went on Board, and worked on her for three Days. I should have continued longer at that Time on Board, but Capt. William Ellis, in the Brig Nightingale (another Vessel of the same Name with ours) came over to Instow-Quay, to take in a Loading of Tobacco; and he asked me to work on Board of him. To this I agreed, as he engaged to pay me the usual Stipend; so that I got another Man to work in my stead on Board Capt. Lancey’s Ship.

When Capt. Ellis was laden, he pressed me to go with him his Voyage; but I chose to abide by my Contract with Lancey, as I did not think I could get a better Birth.

Soon after this, Mr. Lancey carried the Nightingale (of which Thomas Benson, Esq; of Knapp, and Member of Parliament for Barnstable, was Owner) over to a Place called Boathead [Boathyde], which was the nighest Place to our Owner’s House by Water; and there she lay for about three Weeks. Then we put on Board her three hundred and fifty Bushels of Salt, and lay dormant for about a Fortnight longer, without doing any Thing, or making any Preparation for our pretended Voyage; only an Officer, named Henry Pugsley, took care of the Salt.

The first remarkable Thing that happened while the Ship lay at this Place, was the Arrival of seven Convicts from Exeter, who were put on Board, and remained there five Days; when Mr. Benson ordered a Long-Boat to carry them to our Pool, which is about a Mile and Quarter from the Place where our Vessel lay, and there they were put on Board a Tender belonging to his Majesty’s Ship Dispatch, (The Dispatch was stationed between Barnstable Bar and Milford, and from thence to the Land's End.) Capt. Veal, who sent the Convicts to the Island of Lundy. These Transports had not been long on the Island, ere four of them found Means to seize on a small Boat, by the Help of which they made their Escape; and, I believe, have not been yet retaken.

Shortly after the Escape of the aforesaid Convicts, sixteen more of them were brought by Mr. Manley [Edward in another account], the Keeper of Exeter jail, in order to be put on Board our Vessel; which was done. Out of these sixteen, one of the Men, a Carpenter, was also sent on the Island of Lundy; but to what Purpose these People were set ashore there, I leave others to discover, for it is past my Comprehension.

We now began to prepare in seeming Earnest for our Voyage, to fill our Water, and get it on Board. We had twenty-seven Hogsheads of Water, besides an old Iron-bound Hogshead, that had long lain in the Yard at Boathead, with three Heads to it: This was a Cask that did once belong to a Vessel concerned in the Guernsey Trade; and had been used for Smuggling, by filling one Part with Water, and the other with Canisters of Tea.

After our Water was carefully stowed, we received on Board other Provisions, as Beef, Pork, Pease, one Cask of Oatmeal, one small Cask of Molasses, and two thousand Weight of Bread; besides two Hogsheads of poor Cyder, for us to drink, instead of Small-Beer. We had also two Hogsheads of Tobacco, supposed to contain seven hundred Weight each; and six hundred we put into the Bread-room that was under the Cabbin-Deck. There were likewise put on Board two Barrels of Strong-Beer, as we were told the Contents of them was; but whether these Casks really contained what was said, or no; or whether for the Ship’s Use, or for some other Purpose, I know not.

Beside the above, there were on Board seventeen or eighteen Bales of Linnen, and six Maunds of Pewter; which was all the Loading, except the three hundred and fifty Bushels of Salt, already mentioned.

With Regard to the Ship’s Stores, we had on Board two Anchors, though we ought to have three, and one new Six-inch Hawser; which, however, was not big enough for our Vessel by two Inches; especially for the Voyage which it was given out she was intended for. Besides the new Cable we had only two old worn out Junks, which we spliced together at Lundy. ’Tis true, they stiled these Cables, but I call them only Junks. They were unfit to trust to, only for mooring the Vessel in our Harbour; much more for a foreign Voyage: For when we went to ride in the Pool at Appledore, we were obliged to take on Board the Man of War’s Mooring’s, she then lying at Benson's Key. Furthermore, we had not a spare Sail; and those we had for immediate Use, were so old, that they were scarce fit even for Coasting-Business.

I hope the Reader will excuse the Defects that may appear in this Narrative, on Account of my frequently omitting to set down the Dates of Months and Days. As I write from Memory only, having no Journal of Facts to recur to, it is impossible for me to recollect particular Days of the Months exactly; but with Regard to whatever I relate as Matter of Fact, I solemnly declare, I set down nothing but the bare Truth, to the best of my Knowledge and Remembrance.

It was on a Monday that we sailed over the Bar of Barnstable, with no other Intent, as I imagined, but to proceed on the proposed Voyage to Maryland; but now I soon found that no such Thing was intended. I was a little thoughtful before we went over the Bar; and, therefore, introduced myself into the Company of John Saxton, Carpenter, at Northam. I asked this Person if he thought the Nightingale was insured ? but he evaded the Question, observing to me, That he was employed most Part of the Year by Mr. Benson; and, therefore, he chose to say but little concerning that Matter.

At Appledore I communicated my Suspicions to my intimate Friend William Balch, who told me he knew nothing of the Matter; but advised me not to take many Cloaths with me, and also to look well to myself. This confirmed my Fears, that the Destruction of the Nightingale was intended; and, therefore, I assured Balch, that I would not join in any Scheme they should propose, unless I were well paid, and had fifty Pounds for my Trouble, and for the Security of my Cloaths-Chest, Sea-stock of Liquor, &c. He told me I was in the right of it to take care of myself.

When we went over the Bar of Barnstable, we had nine Men and Boys together, belonging to the Nightingale, viz. John Lancey, Master; John Lloyd, Mate; James Bather, Boatswain; Richard Sennett, Francis Saxton, and Andrew Metherel, Fore-Mast Men: Boys, Thomas Sharpe, Thomas Husbands, and John Sennett, the last was, indeed, a Man; but being ignorant of Sea-Affairs, I rank him among the Boys: Besides the afore-mentioned Persons belonging to the Ship, we had fifteen Convicts on Board, to be transported to the Plantations.

After we got clear of the Bar, we steered away for Lundy Island, in Company with Capt. William Hooper, in a small Sloop; from whom, however, we soon parted Company, as it was not proper that he should be Witness of our Proceedings. On the Tuesday, which was the second Day of our being at Sea, we got under the Lee of Lundy Island; and in the Afternoon of the same Day the Colours were hoisted ashore on the Island, and we hoisted our Colours on Board, to answer them. As soon as we came to an Anchor, a small Boat steered directly from the Island for our Vessel; in which came one Peter Marshall, together with one Magra, an Irishman, and two or three others whom I did not know, who all came on Board, and tarried about an Hour. Peter was most Part of that Time in the Cabbin with our Master, but they carried nothing on Shore with them, at that Time.

The next Day Marshall and Powe came in the same Boat, and with the same Crew as before, together with Capt. Clebbet, in a small Brig, belonging to the same Owner. And now I was called down into the Cabbin, where was Mr. Lancey and Thomas Powe; the latter of whom asked me, if I was willing to take a Note of forty Pounds, to indemnify me, in Case any Thing should happen in our Voyage. This alarmed me at first; but considering that I could have no other Security for my Wages, Chest, and Cloaths, &c. and perceiving at the same Time, that they had some villainous Intention, I thought, at last, the best Step I could take, would be to consent to their Proposals, for fear of worse happening. However, I told them, that what they offered was too little; but that forty-five Pounds might do. Powe soon consented to give me a Note for that Sum. Lancey drew the Note, as he did others also for the rest of the Ship’s Company, and Powe signed them. The Several Notes which the Men had, were for different Sums; some had them drawn for more than forty-five, and others for less.

When all was done, and settled to the Desire of these Agents of Iniquity, Powe went back to Biddeford, Passenger with Capt. Clebbet: When Peter Marshall left us, we all agreed to deposit our Notes in his Hands, for fear we should lose them (See the Admiralty Trial, where their Motives for putting the Notes into Marshall's Hands, are further explained).

The next Day, being Thursday, the Lundy Boat came Aboard us again, and Peter Marshall came in her, and tarried ’till Evening. Every Thing being now ripe for the Execution of the Scheme, our Master, with his own Hands, hung up a Tarpawlin at the fore Part of the Combings on the Hatchway, to hinder the Felons from seeing what we were about. The Master then ordered some Hands into the Hold, to get up some of the Bales of Linnen. Accordingly myself, with Francis Saxton, went down, and handed up as much as the Boat could carry. The Boat immediately went off with that Load, and the next Day returned, and made two Trips with the Goods from on Board the Ship, viz. all the Bales of Linnen, and six Maunds of Pewter. Our Cargo now consisted only of the three hundred and fifty Bushels of Salt.

We continued in the Road of Lundy Island ’till the Sunday Morning, when we weighed Anchor just at Day-light, and went to Sea, but had little Wind all that Day, and all Night; and on the Monday we saw a Sail some Distance from us. She made towards us very fast, and came up with us. She spoke with us, and asked whence we came? We told them from Biddeford, bound for Maryland. They then asked how far the Island of Lundy bore from us? We replied, about fifteen Leagues. When our Captain demanded from whence they came, and whither bound to, they told us, from Philadelphia, and that they were going to Dublin. Then Mr. Lancey veered away a Cabbage, and a Bottle of Wine to them, by a Fishing-Line, which they thankfully received; and then shot up a-long-side of us. On this our Captain desired the Philadelphia Ship to stand to Westward, because the North Channel is very dangerous, and it looked as if it would be dirty Weather. They then shot a-head of us, and stood to Westward. Our Master now, seeing the other was gone a-head, observed to us all, that we could not have a better Time to accomplish our Design. Accordingly we all agreed to it. Then our Master ordered us to hoist out the Boat just over the Gunnel, ready to lower into the Water: For the Boat was over-large for our Vessel, being an old Long-Boat belonging to the Catharine, a Ship of one hundred and eighty Tons; whereas, we were but between eighty and ninety: There is no Doubt, but this large Boat was carried with us on Purpose to save ourselves and the Convicts, after the Sinking of the Ship.

According to the Master’s Order, and with a great deal of Trouble, we got the Boat over the Gunnel, and there hung her on the Tackles, ready to lower into the Water. And now the Master ordered Richard Sennett to go down into the Bread-room, and to cut a Hole in the Bulk-head that parted the Bread and Salt. Sennett complied; but in cutting the Hole, he wounded himself in the Leg, so that he could not accomplish his Design; whereupon Mr. Lancey ordered me to go down and do it. In Pursuance of his Order, I went down, and finished what Sennett had begun. Then the Master ordered me to bore a Hole in the Bottom of the Vessel; which I did; but when I saw the Water come in very fast, I put a Marlingspike in the Hole, and went upon Deck to see where about the Philadelphia Ship was. She was then under our Lee Bow, about Half a League’s Distance from us.

And now the Master and Lloyd the Mate went down into the Cabbin, and I followed them. Mr. Lancey then gave Lloyd a blue Broad-Cloth Coat, with Brass Buttons to it; whereupon I told him, he might as well give me some Thing or other, and better than have every Thing burnt. On this, he gave me a light brown Broad-Cloth Coat, with a green Waistcoat, both with Brass Buttons; also a Check Shirt. The Master also gave Sennett a Pair of black ribbed Stockings.

These Donations being made, the Master went upon Deck, to look out for the Philadelphia Ship; and when he saw where she was, he ordered me to go down, and put a Candle through where the Oakum lay. On putting my Hand into the Hole to draw the Oakum close to the Mouth thereof, I found a large Quantity ready tarred, of which I before had not the least Knowledge; supposing there was no more on Board than what lay in the Cabbin-Lockers, for the Use of the Ship.

Having applied the Candle to this Combustible Train, the Smoke presently began to appear; whereupon our Captain, with a well acted Surprize, call down to the Transports, and asked them what Smoke that was? The poor Felons, who where really affrighted, declared they knew nothing of the Matter. 

Then Lancey cried out, “I am undone! The Ship is on Fire! What shall I do? Hoist out the Boat as fast as you can." This he said to deceive the Transports; for the Boat was then ready to lower into the Water; as we have seen.

After we had got into our Boat, and taken in the Felons also, we begun, with seeming Sorrow, to lament our Misfortune; though all glad in our Hearts, that the Design was so dextrously executed. Francis Saxton and Sennett staid on Board some Time, pretending to try to put out the Fire, by heaving a few Buckets of Water upon it; but that was too palpable a Scheme, as the Fire was then got to a Head not to be mastered.

At last we quitted the Vessel, and rowed away for the Philadelphia Ship; which, on Sight of our Conflagration, bore down to our Assistance, hailed us, and enquired concerning the Ship he saw on Fire. We told him what Ship she was, and where bound to, &c. We gave him our Story. He lamented our Misfortune, and kindly, at our Request, took us on Board, to carry us with him to Milford, whither he was bound. But the Wind proving contrary, he was afraid of wanting Water, as so great a Number of People were on Board; whereupon Mr. Lancey desired him to put into Clovelly Road, to which he consented; and there a fishing Boat carried us in, over the Bar of Barnstable.

We escorted the Convicts to a Place called Knapp, the Seat of our worthy Owner, Mr Benson, who secured them in a Barn, ’till they were more properly taken Care of.

Two Days after we got Home, Richard Sennett, Francis Saxton, and myself, went to Mr. Benson's; where we were asked by this Gentleman to go to Biddeford to make the Protest[*], which we refused, unless he would give us fresh Notes of Hand. This put him into a Passion at first; but he soon cooled, and endeavoured to convince us that our Money was very sure. However, we resolutely stood to it, that we would not make the Protest ’till we had fresh Notes for as our first Notes were in the Hands of Peter Marshall, on Lundy Island, so we might lose them. To this he replied, That we should lose more by our Refusal than himself. That he could better bear the Loss of the Insurance Money, which was but eight hundred Pounds (It appeared on the Trial, what he had insured upon the Ship and Cargo to the Amount of £1,100), than we could bear our Loss; and therefore kindly took us in, Convicts and all.

Having thus secured our Retreat, it was judged expedient that some of us should make an Offer of trying to save something from the Ruins of our Vessel. Accordingly, Lloyd, Sennett, Saxton, and myself, together with the Mate of the Philadelphia Ship, and two more of their Hands, went to see what could be done; whereupon Capt. Lancey told the other Captain, that there were some Barrels of Gun-powder on Board; and we that were in the Boat saying the same Thing, we were desired not to go nigh the Vessel, ’till the Gun-powder was blown off; therefore we kept at a Distance from our Vessel, ’till we saw the Main-Mast fall over-board; on which the Philadelphia Men said it was the Gun-powder that had blown the Mast over. This Opinion we seconded, though we knew the contrary; there being no Powder on Board, except four or five Pounds in an Earthen Vessel, which was shut up in one of the Cabbin-Lockers; but the true Reason of the Mast’s falling in that Manner, was because the Oakum was set on Fire just abaft the Main-Mast; so that the Shrouds were presently burnt, and the Mast fell into the Sea for want of Support. However, we went and saved some few Blocks and Ends of Rigging, but to little or no Value; and then we returned on Board the Vessel that took us up.

At this Time a new Brig, William Cook, Master, came up with us; this Vessel belonged to Clovelly, a small Place in our Bay. Mr. Cook said we might do as we pleased: We then directly left him, and went our Way. As to the Money due to us on the Notes we had left in Marshall's Custody, I received 5£.2s of Thomas Powe, in Part of Payment.

In a Day or two after we had been at Mr. Benson's, I happened to fall into Company, at Northam, with Lancey, the Mate Lloyd, and Andrew Metherel, our second Mate. I being much in Liquor, these Men perswaded me to join with them in drawing up, and attesting a false and villainous Protest. But the next Day recollecting what I had done, I directly wrote a Letter to Mr. Turner of Bristol, and another to Mr. Tozer at Exeter; neither of which, I have Reason to believe, ever reached their Hands. However, though I had thus rashly, and when I was not properly my own Master, been guilty of falsly swearing to a wicked Scheme for the Completion of our late abominable Transaction, yet my Conscience now flew in my Face, and would not suffer me to let this dark Transaction lie concealed; which in all Probability it might have done to this Day, had I not voluntarily disclosed it.

Soon after I had sent away the two Letters above-mentioned, I went to Barnstable, where I chanced to meet with one Mr. Matthew Reeder, who invited me into the Swan, and treated me with a Glass of Wine. After, some Discourse, he asked me, if I knew how the Nightingale came to be lost? I replied I could tell every Thing relating to that Affair, but that I would not discover it to any, but the Insurers themselves in Person. He then asked me, if he should write to the Insurance-Office at Exon. I told him he might, though I had written there myself, as well as to Bristol, and that I should also have written to London, but knew not whom to direct to : Thereupon Mr. Reeder said he would write by the next Post.

On my Return to Northam, I disclosed our Secret to one John Saxton, a Carpenter, who was my intimate Friend. From Northam I went to Appledore, where I also disclosed it to William Balch and one Samuel, a young Fellow belonging to his Majesty’s Ship Dispatch, whose Surname I have forgot.

Returning to Northam the next Day, I received a Letter from Mr. Reeder, desiring me not to be out of the Way, that he might be at no Loss to find me, if wanted. Whereupon I hired a Horse the Day following, and went directly to Exeter, determining now to push on the Discovery.

When I came to Exeter, where I was an utter Stranger, I was at a Loss to know whom to apply to; but by enquiring for the Insurers, I was directed to the House of Mr. George Coad, who employed a Clerk to take down in Writing all that I related. This Gentleman entertained me very genteely; but the next Day, after passing an Examination before Mr. Alderman Heath, I was sent to Southgate Prison; and in six or eight Days Time after my Commitment, Lancey, Lloyd, and John Sennett were brought to Exeter, and examined before the said Alderman. I was present at the separate Examination of these Men, in order that my former Evidence, together with what I should now also say, might be confronted with their Examinations; which being over, Lancey and Lloyd were sent to the County Jail, Sennett to Bridewell, and myself remanded back to Southgate Prison.

During the Time I lay in Southgate, Reports were raised that I had been bribed by Mr. Reeder to make this Confession; but this was so ridiculous a Lye, that I believe it never gained Credit with any Person of Sense and Candour. It was also said, that I was a Person liable to a periodical Madness; and that I attempted to break the Prison; and was, therefore, put in Irons, and locked up in a Dungeon. But these groundless Calumnies were doubtless raised by People, whose Interest it was by all Means to discredit my Testimony, which was like to prove fatal to some: Most Men having some Friends as well as Enemies. And Experience shews that the most worthless People have their Connections and Interests with others, perhaps not apparently so bad as themselves: Some for Fear, others for Gain. Thus Mr. Benson, though certainly more criminal than the unhappy Agents he employed to perpetrate his vile Schemes, had his secret Friends, who gave him timely Notice of his Danger, and he has hitherto eluded the Enquiries of Justice (It appears from the best Accounts that can be procured concerning him, that he has taken Refuge in a Convent at Oporto. On his absconding, his Effects were all seized for the King.)

From Exeter I was removed by Habeas Corpus[*] to London. The Day before we set Sail, Mr. Coad came to me, gave me a Guinea, and exhorted me to be honest, and not to deviate in the least from Truth, in whatever I should give in as Evidence relating to this Affair. I assured him I had as yet said nothing but what was strictly true, and that I would always adhere to the same.

At this Time there was another false and scandalous Report raised, That I had endeavoured to make my Escape from the People who came with me up to London: But for the Falsehood of this, I appeal to those who escorted me up.

When we arrived at London, I had my Choice, whether I would be lodged in the Poultry Compter[*], or go on Board a Guard-Ship in the River: I chose the Compter, but John Sennett was sent to Newgate.

What followed, on the Trial of Messieurs Lancey, Powe, and Lloyd, the Public many see at large in the Admiralty Sessions - paper; where my Evidence is so well corroborated by that of Peter Marshall, Richard Ashton, Richard Sennett, Andrew Metherel, Thomas Sharpe, and Francis Saxton (or Shackstone as it is printed in the Trial) that it is now impossible for any one to charge me with the least Deviation from Truth, in all that I did, or said, towards bringing the Truth to Light, and the Guilty to Justice.

And now, candid Reader, I hope you will have the Goodness to pardon what Imperfections shall be found in this short Narrative; as to wilful Errors, I am not conscious of any therein. My only Motive for this Publication, was the Publication of Truth; and that I might give myself the Opportunity of saying a Word or two in my own Behalf, with Regard to one Circumstance, which I fear has, above all the rest, injured me in the Opinion of the World. This was, the taking an Oath, in the Affair of the Protest, falsly, belying my own Conscience. To this, I can only plead in Excuse, what I fear few will admit as a sufficient one, The Example of others, aided by the Influence of Liquor.

As soon as sober Reflection took Place, I saw my Crime, and I repented of it: And I hope God will forgive it. I have endeavoured to atone for this my Misdeed, by bringing about a happy Discovery, which may prove of infinite Service to the Public; and, I hope, those who think the most unfavourably of me, will balance the Account, and take into it the Good and the Bad of my Conduct; of which they have here seen a faithful and just Relation, as I shall answer the same before a higher and more dreadful Tribunal, than that by which Captain Lancey was sentenced to die, and John Lloyd acquitted.

James Bather.

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Definitions:

* A Protest (i.e. Protestation): A sworn declaration or affirmation.

* Snow: a square-rigged vessel with two masts, complemented by a snow- or trysail-mast stepped immediately behind the main mast. Its name comes from 'snauw', an old Dutch word for beak, a reference to the characteristic sharp bow of the vessel.

* Habeas corpus: a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

* The Poultry Compter: a small prison that stood at Poultry, part of Cheapside in the City of London. The compter was used to lock up minor criminals and prisoners convicted under civil law and was run by the City's Sheriff. It operated from the 16th century until 1815.

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