The Old Bailey Trial of John Lancey and John Lloyd

Taken from: ‘Select Trials at the Sessions House in the Old Bailey’
Volume III, 1741-1764
Printed for J. Wilkie, in St Paul’s Church Yard MDCCLXIV [1764]
21 pages.

Transcribed by David Carter 2022

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

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Transcriber’s notes about John Lancey, John Lloyd, and the Nightingale:

John Lancey (the appointed Captain of the brig Nightingale) and John Lloyd (mate of the same ship) were involved in a fraudulent operation to defraud a number of insurers who had indemnified the Nightingale and its cargo against accidental loss. The operation was initiated and ordered by Thomas Benson esq, a merchant of Knapp House in Northam.

The Nightingale was prepared for her voyage at Instow quay and then brought to Boathyde near Knapp House to have her cargo loaded: 365 bushels of salt belonging to Alexander Ley, as well as cutlery, nails, pewter, cloth, lace, silks, Irish linen, plus 15 convicts destined for transportation. Benson arranged for another conspirator, Thomas Powe, to choose the crew: James Bather (boatswain), John Lloyd (mate), Anthony Metherall (second-mate), Richard Sinnett (able-seaman), John Sinnett (ship’s cook), Francis Shaxton (seaman), and two cabin boys Thomas Sharpe and Thomas Husbands.

Captain Lancey had been given firm instructions; the vessel was supposed to be sailing for Maryland, but in reality, he was to go to Lundy, unload the cargo, and then scuttle the vessel nearby so that it would look like an accident. On 28th July 1752, Lancey set sail and did as he was ordered. About 60-miles west of Lundy, and within sight of a merchant ship bound for Dublin, he lit a fire on board, and got all the crew and the manacled convicts into the ship’s boat. They were all duly rescued and safely landed at Clovelly after getting passage on another nearby vessel.

Lancey was arrested on 29th August 1752 along with John Lloyd, John Sinnett and Thomas Powe. They were all taken to Exeter gaol, and in December transferred to Marshalsea Prison in London.

On 25th February 1754, Lancey and Lloyd faced trial in the Old Bailey, charged with unlawfully burning the Nightingale with intent to defraud the insurers. In a seven-hour trial many witnesses gave evidence, but the end was never in doubt. In Benson’s absence Lancey was found guilty, and the others, including Lloyd were acquitted. Lancey was sentenced to hang at Wapping in a place known as Execution Dock.

On 7th June crowds lined the shoreline or hired boats moored in the Thames to get a better view of the proceedings. The gallows was erected on the foreshore at low tide. After execution, Lancey’s body was chained to a stake at the low water mark and left there until three high tides had washed over him. He was buried in the burial ground of the nearest parish church, St Johns in Wapping, where the burial register says: "John Lancey, executed Dock, aged 28".

For further details about John Lancey, see the “Account of the John Lancey, Late Captain on the Brig ‘Nightingale’, Written by himself.”

Of John Lloyd, we know very little, except that he is said to have come from Haverfordwest in Wales.

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Index of names:

Andrews
Richard Ashton
James Bather
Thomas Benson
Vincent Biscoe
Mr Code
Narcissus Hatherly
Dy Haye
John Lancey
Capt Lee
Robert Liddel
John Lloyd
Jeremiah Magra
Peter Marshal
Edward Maund
Mr Merryweather
Anthony Metherall
Daniel Nicholls
Capt Nicholson
Thomas Pow or Poe
George Rooke
Thomas Salisbury
Thomas Salmon
John Sennet
Richard Sennet
Francis Shackstone
Dr Smanbrooke [Smallbrooke in another document]
Samuel Touchet
John Williams

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Transcript:

John Lancey and John Lloyd, for burning the Ship Nightingale. Feb. 1754.

At a Court of Admiralty held at Justice-hall in the Old-Bailey, Feb. 25, 1754, John Lancey and John Lloyd were indicted for unlawfully burning and destroying the Ship Nightingale, Thomas Benson Esq; Owner, on the High-Seas, within the Jurisdiction of the Admiralty of England, with Intention to defraud Robert Liddel, Samuel Touchet, George Rooke, and Vincent Biscoe; and Thomas Pow, otherwise Poe, as an Accessary before the Fact, for counselling, advising, &c. to commit the same, Aug 4, 1752.

Peter Marshal. I have been seven Years employed in the Service of Mr. Benson, who was Owner of the Ship Nightingale, and another called the Catherine, and have been employed as Master two Voyages in these Vessels, once in each. In the Year 1752, I was not Master in either of them, but was employed in fitting out the Catherine in the Spring that Year. I had been sick, and Mr. Benson came to me and desired me to go as Master of the Catherine, and told me she was not to perform her Voyage. Some Time after that, he desired me to pack up a small Quantity, of Goods for him, consisting of 90 Pieces of Irish Linen, some Hardware, Brass, and Pewter, which were shewed to the Custom-house Officers, and were entered at the Custom-house. After they were packed up and viewed by the King’s Officers, they were taken out by Mr. Benson's Order, he himself being present, and Brickbats and Hay put in their Place. Some were put on board the Catherine, but put on Shore again afterwards, and the Brickbats and Hay sent in their Stead. After she sailed, these Goods were packed up, in order to be shipped on board the Nightingale, but I was not there then; but Mr. Benson told me so.

Council for the Prisoner. This is giving an Account of a Conference between the Evidence and Benson. I don’t perceive this was with the Privacy of any of the Prisoners.

Council for the Crown. We are going to shew the Goods were packed up to be sent on board the Nightingale, and after that were re-landed.

Marshal continues. Benson asked Lancey to be in the Room when these Goods that had been entered at the Custom-house, in order to be sent on board the Catherine, were unpacked and Brickbats put in, in order to be put on board the Nightingale. This was in Mr. Benson’s long Room, about two Miles from Biddeford. They were packed up in small Bales, twelve or sixteen Pieces of Irish Linen, and some Woollen, I remember nothing of Hardware or Pewter. This I saw, but did not see them put on Board. Mr. Benson sent me to the Island of Lundy, and gave me Orders to stay there five or six Weeks, to look after the Affair, till I heard farther from him, and to take Care to send his Nephews Home. Whilst I was there the Ship Nightingale came, which was the latter End of July; Lancey was Master of her, and Lloyd was Mate, I and three or four Men went on board her. We came there one or two Days before she arrived. After this, Pow told me he was sent by Mr. Benson, to agree with the Ship’s Company, that in case the Ship miscarried in her outward-bound Passage to Maryland, he was to secure so much Money for them; but I did not hear the Agreement made. There was a small Bundle of Papers left with me, but I do not know the Contents. The Ship was then lying in Lundy Road. Capt. Lancey brought me a Letter from Mr. Benson, (he is shewn one) this is it; it is his own Hand-writing; at the Conclusion he says, 'Lancey will communicate some Hints to you.' Directed to Peter Marshal, and signed T. B. Lancey accordingly told me, he had Orders from Benson to re-land the Goods that were shipped on board the Nightingale, on the Isle of Lundy, They were accordingly landed, and all buried under Ground. There were 15 or 16 Bales of Goods, and five or six Maun[d]s or Parcels of Pewter.

Q) Who does this Island belong to?

Marshal. I don’t know; but Benson rents it; it is near three Miles Jong.

Q) By whose Orders were they buried?

Marshal. By Mr. Benson's Orders, who sent a Man over with Hogsheads to put the Goods into when we buried them; as the Man that brought them told me. Lancey and Lloyd were not privy to the Burying the Goods; neither was Pow there, but was at their Landing them on the Island. Most of the Goods were on Shore before I came on board the second Time: I had been on board before.

Q) Who gave you the Bundle of Papers?

Marshal. Pow left them in the Window, he did not deliver them to me; and Thomas Salmon said he had an Order to have them from me, and I delivered them, and when Mr. Benson came on the Island, they were burnt immediately by him and Salmon in my Presence. This was after the Information was made.

Q) Were all the Goods buried that were on board the Ship?

Marshal. No, there came a Man of War along Side of her, and some of the Goods were hove over-board.

Q) What was the-Conversation with Pow before you came to the Isle of Lundy?

Marshal. Pow asked me to go as a Passenger in the Nightingale to Maryland. I said, if I had a Cargo sufficient to furnish a new Vessel, I should be glad of the Offer. He said, supposing the Vessel should miscarry, and you should have Orders to draw Bills on Mr. Benson, would not that do as well? I told him I would not go on any Terms whatever.

Q) Did he say the Vessel should be lost?

Marshal. Not plainly; but I understood by him it was to be so. After the Goods were re-landed in the Lundy Road, we were drinking a Bottle of Wine together; he told me, Mr. Benson had insured for me 50 or 60£. on board the Nightingale. I told him I had no Interest on board her; and as I was going to drink a Glass of Wine, I said, I wished it might be Poison if ever I asked to have any Interest on board. After this I went Home to Mr. Benson; he told me he had wrote to the Officer, to contradict that of my having any Interest on board her.

Cross-examination.

Q) Was Lancey privy to the Hiding the Goods?

Marshal. I do not know that he was; that was done after the Vessel sailed. When Mr. Benson came on the Island, we had some Suspicion that the King’s Officers were coming to search the Island; upon which they were buried; I was present at the Time.

Q) Did you see Lloyd when the Goods were packed up at Benson’s House?

Marshal. I do not remember I did; I do not know he was acquainted with any of these Things I have been speaking of.

Richard Ashton. I was Apprentice to Mr. Benson, and have been with him three Years; I was on the Isle of Lundy, and remember the Ship Nightingale coming into the Road there; she staid about three or four Days; I went on board her, where were Marshal, Jeremiah Magra, and another Person, now on the Island, and John Sennet; I was in the Boat, and they in the Ship; there were Bales of Cloth put out of the Ship into the Boat, and carried on Shore in the Island the first Time; the second Time we carried several Maunds of Goods; when we had them on shore we opened the Bales. This Coat, Waistcoat and Breeches, I now have on, were made of some of the Cloth we brought from on board the Nightingale; we put them into Casks, and hid them under-ground in the Island; Andrews and Magra buried the Pewter in the Rocks.

Richard Sennet. I was a Sailor on board the Nightingale; Squire Benson invited me to enter myself a Seaman on board her, which I did about 19 or 20 Months since; He told me to carry but very few Cloaths with me, for it would not be above three Weeks or a Month’s Voyage; and that I should know my Business farther when I came to the Island; I assisted in loading the Vessel; that there were 17 or 18 Bales of Goods; there were some Bales on board on the Account of Captain Lee.

Q) What Conversation had you with Benson on this Account?

Sennet. Before the Ship sailed, I was with him at a Place called Boathead; he told me there was a Hogshead of dry Goods, which were to be put out of the Way of the Officers, who were to come there, which we put in the Rope-walk till after the Officers had been there; then it was put on board the Nightingale, and laid on some Salt, where also lay some Bale-goods; we had 15 Convicts on board. About the later End of July we arrived at the Island of Lundy, on a Thursday; the Wind was at the Westward, and we were two Days turning to it; we staid there till the Sunday Morning; during our Stay there, there came a Boat on board from Lundy, with Marshal, Magra, and several People belonging to the Island. Pow and Lancey were in the Cabin, and called me to them; Bather was coming out when I came in; Pow gave me a Note, Shackstone was there also; I believe Lancey was gone out when Pow gave me the Note, and said, Here is a Bill for you, if the Ship should be lost in her Passage outward-bound to Maryland. The Note run thus:

"I promise to pay to Richard Sennet, the Sum of 45£ in case the Vessel is lost in her Passage to Maryland."

He said, You never saw so much Money before, and the Voyage would not be long. He said, he’d deliver the Notes to Capt. Marshal, that he might deliver them to our Wives, in case we should come to any Danger. He did not say when these Notes became payable, nor was anything said about Insurance Money; the Notes were given after the Goods were landed; the Boat went with them two or three Times with 17 or 18 Bales of Goods, and five or six Maunds of Pewter and Brass; there were a great many Casks in the Hold, but what were in them I know not; there were Tarpaulins hung up before the Convicts on the Hatchway, that they should not see the Goods taken out of the Vessel. On the Sunday Morning we sailed from Lundy; the next Day, about 18 Leagues from Shore, we met a Brig from Philadelphia; our Captain hailed him, asked where she came from, and sent two Bottles of Wine and a Cabbage on board her. She steered with us; but was about a League ahead of us, when Orders were given to destroy the Vessel.

Q) Who gave those Orders?

Sennet. I do not know. When the Hole was boring in the Side of the Vessel, Capt. Lancey ordered me to go to a Cask where was some Combustibles, and cut it up, and take out what was to burn the Ship; somebody had bored a Hole in the Side, for there was Water coming in when I went down, to do as ordered. I went and cut the Hogshead, and Shackstone and I cut it open; this was the same Hogshead that 'Squire Benson ordered me to put out of the Way of the Officers; there were in it, Tar-barrels, Staves, and Wadds of Oakum, dipped in Tar. Shackstone and I laid them abroad on the Salt. Capt. Lancey had said, when he gave me Orders to take them out of the Cask, that she would sooner be destroyed by Fire than any other Way, and that now was as good a Time to destroy her as any; then he ordered some of the People to cut a Hole in the Bulk-head near the Bread Room; I went to cut a Hole, and cut my Leg with the Hatchet; I came up and told the Captain my Misfortune, and could not do it. About half an Hour after this, the Ship was set on fire; then the Captain went fore and aft the Deck, and asked the Transports if they had set fire to the Ship? They said they had not. Then he ordered to have them cleared directly, and the Mate was very industrious in clearing them; then we went all Hands into the Boat.

Q) Did you see Lloyd employed in any thing about destroying the Ship?

Sennet. I did not. The Boat we got into was one Mr. Benson ordered for the Ship; tho’ it was full large for that Ship. The Philadelphia-man saw our Boat coming towards him, and the Smoke arising, and we had fired a Gun by the Captain’s Order. The Vessel came towards us. When the Combustibles were lighted, we all said it was the best Way to fire a Gun; and it was loaded about two Hours before by the Captain’s Order. He said it was for the Ship that was a-head to hear us. We were taken on board the Philadelphia Ship, except some who tarried in the Boat along-side her two or three Days; after which we were landed by the Assistance of a Fishing-boat.

Q) When did you see Benson after this?

Sennet. Two Days after we got on shore. He smiled and said, So Dick, the Work is done too quick; I had but just made an End of my Insurance. He applied to me to make Protest of the Loss of the Ship. About three Weeks or a Month after, the Prisoners were taken into Custody, upon James Bather's Information. Benson desired us all to swear to the Protest. I went over to Barnstable, and when I returned, the Captain and Mate, and my Brother Sennet, were taken into Custody. Benson said, if I did not swear to the Protest it would cost the Captain his Life.

Q) Was Lloyd one of those saved in the Boat?

Sennet. He was; I believe he was concerned in launching the Boat. I was in Company with Pow in the Isle of Lundy before the Ship set out. When he proposed to me a Note for Money, I proposed to have 10/- more, which was granted, and added to the aforesaid Note, and writing on the Back, but did not say at what Time it should be paid.

Cross-examined.

Q) How many Men were there on board?

Sennet. There were three Sailors, besides the Captain, two Mates, two Boys and a Man Cook, besides 15 or 16 Transports.

Q) Was Lloyd acquainted with any of these Transactions?

Sennet. I don’t know that he was, only in making his Escape with the rest.

Council for the Crown. Was the Design of destroying the Ship made a Secret of on board?

Sennet. I don’t know whether all Hands knew it or not.

Q) from Lancey. Whether or no I knew of the Combustibles on board?

Sennet. He bid me go to such a Vessel and cut it abroad; and the Hole in the Bulk-head was cut right against the Combustibles.

James Bather. I was shipped on board the Nightingale, ’Squire Benson Owner, about 20 Months ago, I was shipped by the Prisoner Pow. I had come home Passenger in one of Mr. Benson's Vessels, and owed Mr. Pow some Money, and when I saw him would have shunned him; he called me to him, and asked me to go with such a Vessel; I told him; I had made a very bad Summer’s Work of it, and could not pay him; he said, if you will go in the Catherine or Nightingale, you shall make your Summer’s Work, your Year’s Work double. I did not understand what he meant by that. He said, You shall go Boatswain of the Nightingale, and have 30s a Month; I agreed to it, and went and helped rigg the Vessel, and was on board when she failed from Appledore to the Isle of Lundy, and anchored in that Road, in 14 Fathom Water; after that Marshal and Magra came on board. Lancey and Pow were there; Pow said to me, Have you a Mind to accept of a Note for 40£ in case an Accident should happen in the Voyage outward bound? I asked them in what Shape? Pow said, by way of Security for your Cloaths and Chest. I refused it, but said, 45£ might do; accordingly it was wrote upon the Back of the Note, clear Money. I being ignorant, did not know how the Note was drawn, or when payable. I had it some Time, and afterwards it was sent to Lundy.

Q) Were your Cloaths and Chest worth 45£?
    
Bather. No, nor 20£ neither.

Q) Why was your Note sent to Lundy?

Bather. Because we were afraid of carrying them with us, for fear they should be burnt; for it had been talked of in the Cabin by Mr. Pow, that the Ship should be destroyed. Lancey wrote the Notes, and Pow signed them. Lloyd was not there at that Time. I am not certain whether I received the Note from Lancey or Pow. The next Evening a Boat came from the Island; the Captain and Lloyd were then on board; Lancey himself hung up a Tarpaulin, that the Convicts might not fee what Things were brought up; the Boat came once the first Night, and twice the second, and carried away 17 or 18 Bales of Cloth, and two large and four small Maunds; there remained 350 Bushels of Salt, with Mats about it, to keep it from the Sides of the Ship. We sailed from Lundy on Sunday Morning, and sailed all Day and all Night; on Monday Morning we saw a Vessel, she came up and spoke with us, sailed, and might be a League and a half from us, before the Captain ordered Richard Sennet to go and cut a Hole in the Bulk-head, After Sennet came up, and said he had cut himself; Lancey ordered me to go down and cut a Hole betwixt the Bread-room and Salt, in order to put a Candle in. I went down and did it; and afterwards, by his Orders, bored a Hole in the Ship's Bottom; I stopt it with a Marling spike, and went on Deck to see where the Philadelphia man was. After the Boat was hoisted out, Lancey ordered me to go down and set fire to the Ship; accordingly I went down with a Candle into the Bread-room, and looked through; I saw Oakum dipped in Tar, drew some of it near me, and set fire to it; then I ran up upon Deck; the Captain was there; he called down to the Prisoners, and said, What are you about? What have you done? You have set fire to the Ship, They were greatly surprized, and said they knew nothing of it; the Captain said he was ruined, and desired the Boat to be hoisted out; we cleared the Prisoners, and went into the Boat, Convicts and all; two or three of us went on Pretence to put out the Fire, after it was gone too far. The Philadelphia-man came and took us in. Capt. Lancey gave Lloyd a blue Coat; I had a Coat, Waistcoat, and Shirt given me; we got safe on Shore, and in two or three Days after, saw Mr. Benson. He called us into the great Parlour, and gave each of us a Dram, and desired us to go and swear to the Protest, we said we would not unless he gave us fresh Notes.

Q) Did you swear to the Protest?

Bather. I did; and the next Day went to Exeter, to make a Discovery of it. I went to Mr. Code, an Under-writer, and swore that the Protest was false.

Q) Have you received any Money upon the Note?

Bather. I have received 5£.2s of Mr Pow, and he told me when the Insurance Money was recovered I should be paid the rest.

Anthony Metherall, second Mate, confirmed the several Particulars deposed to by the foregoing Witnesses, in relation to the Transactions at Lundy, and the boring and firing of the Ship; and added, that he heard Lloyd say, as they were going near Appledore he was to have 60£ for his Share, but did not say for what; that he told this to a Boy, because he had a Suspicion that that Boy had made a Discovery; so this was said to him to cause him to keep it secret.

Thomas Sharpe, a Sailor in the same Ship, deposed to the same Effect.

Q) from Lancey. Did you see me concerned in any Notes, or landing the Goods?

Sharpe. No, I did not.

Francis Shackstone, a Mariner on board, the Nightingale, deposed, that when he came on board he had a Note delivered to him for 45£ signed by Pow; the Purport of which Note was, that in case the Ship was lost, between that and the Cape of Virginia, he, the Deponent, was to have so much Money. The rest of his Evidence entirely corresponded with what had been before given by the other Witnesses; except only with, this Addition, that he received of Pow to the Amount of 45£ on account of the Note after he came home.

Q) from Lancey. Was I by when the Note was given you by Mr. Pow?

Shackstone. Yes; this was in Biddeford, at Cook’s Shop; when I was desired to sign the Protest, upon which a fresh Note was given me.

The Council for the Crown closed their Evidence by shewing the Policies, and called Mr. Edward Maund to prove one for 400£ in the Names of Lancey, Touchet, Rook, and Biscoe, for each 100£. This Policy was made out by Order of Mr. Benson as Maund proved by a Letter of Benson's own Hand-writing.

Q) How much was insured on the Cargo of this Ship?

Maund. There was 800£ at first, and 900£ by a subsequent Order.

The Council for the Crown said they had other Policies to produce, to prove that the Ship and Cargo were insured for 2100£ but this being sufficient to shew the Intention of the Defraud, they would rest it here.

The principal Objections that arose from Matter of Law, urged by the Council for the Prisoners, were in favour of Pow; thus:

1. Whether the Crime he was charged with, is within the Jurisdiction of the Admiralty of England? That of a Person, as an Accessary, upon Land, to the Burning of a Ship, and if that is committed afterwards on the High Seas, it was submitted to the Court, whether he was not liable to be indicted at the Assize for the County where the Offence was committed; and the Isle of Lundy was in the County of Devon.

2. That in the Statute upon which the Indictment was founded, the 11th of George I. Cap. 21. the Words are, as to this Crime, It is, amongst other Things enacted, That if any Owners of, or Captain, Master, Mariner, or other Officer belonging to any Ship, should, after the 24th of June, which shall be in the Year of our Lord 1718, wilfully cast away, burn, or otherwise destroy the Ship of which he shall be Owner, or unto which he shall belong, or in any Manner of Ways direct or procure the same to be done, to one, or of any Merchant or Merchants, that shall load Goods thereon, he shall suffer Death.

That this Clause does not run in general Words, but is confined to Persons either concerned as Owners or Mariners, and that Pow, being a Taylor by Trade, and lived at Appledore-point, in the County of Devon, and was neither Owner, Captain, Master, or Mariner, it was submitted to the Court, whether he could be found guilty of the Crime he was charged with?

Capt. Lancey, in his Defence said, that at the Isle of Lundy he took in Provisions, but took nothing out of the Ship; that he sailed as soon as the Wind permitted; that the Ship, contrary to his Knowledge, took fire, and had not the Boat been hoisted out immediately, all their Lives would have been lost; after which they were taken up by Capt. Nicholson, and that each of these Witnesses signed the Protest.

Lloyd said, that whatever was acted on board the Ship, was a Secret to him; and he knew nothing of the Affair.

Pow said, he knew nothing of the Bills they charged him with, that he never gave them such Orders as they had said, and that the Man who swore against him was in his Debt.

To Capt. Lancey's Character, Mr. Merryweather said, he had known Capt. Lancey ever since he came to Town; that he came to his House from the Gaol at Exeter, and might have gone away if he would; that the Jailor trusted him to go to the Play twice, and he had the Honour to return.

Daniel Nicholls said, he had known Capt. Lancey ever since he was Child, and had sailed with him some Years, and that he is as good and well-behaved a Man as ever he sailed with in his Life, and did not think he would be guilty of setting fire to his ship in order to cheat the Insurers.

Lancey. Please to call Capt. Marshal to my Character.

Marshal. I have known Capt. Lancey from a Child. He has had as good a Character as any Man in the World, before this Accident happened.

Several Persons appeared to the Characters of Pow and Lloyd and spoke very handsomely of them; especially of the last, of whom it was said, that if there was an honest Man in the World, he was one.

The Evidence being closed for the Prisoners, the Council for the Prosecution replied to the Objections before mentioned by this Prisoner’s Council, to this Purport.

To the first, that no Person can set fire to a Ship at Sea, that is not Master, Captain, or Mariner, and therefore such only can be considered as principal Felons; and it having come out, that the Master did set her on fire because he ordered it; and therefore he is indictable as a Principal on this Act of Parliament: If so, then any Person that instigates, incites, or advises the Mariners on board to commit the Fact, is an Accessary before the Felony committed, at Common-law, that being made so by the Statute, and therefore triable in this Court.

To the second, 'twas answered, if the Crime Pow was charged with, had been committed in the Body of the County of Devon, there would have been some Colour for that Objection; but the Notes were given by him in the Cabin of the Ship Nightingale, as she was riding at Anchor in the Road of Lundy, where the Tide has its Flux and Reflux; which is the same, as if she had been ever so many Leagues from Shore, and is certainly triable in the Jurisdiction of the high Court of Admiralty, for inciting, moving, instigating, stiring up, persuading, advising, &c.

The Jury brought in their Verdict, Lancey, guilty. Death, Lloyd, acquitted.

And that Pow, before the said Felony was committed by Lancey, near the Isle of Lundy, did incite, instigate, move, stir up, and counsel the said Lancey to commit the same; but they found him neither Owner, Captain, nor Mariner, and so referred it to the Judge of the Court.

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John Lancey aged 27, was born at Biddeford, in the County of Devon, and descended from a reputable Family in that Neighbourhood. He was a young Man of good Parts and Understanding, improved by an Education suited to the Course of Life to which he was destined, which was the Sea. He always behaved suitable to his Station, with the utmost Integrity, and to the Satisfaction of all those with whom he was concerned. In short, he was allowed to have lived an unblemished Life till he engaged in this iniquitous Transaction, the Occasion of which, he accounted for in the following Manner.

He said, he had been upwards of ten Years in the Employment of Mr. Benson, a Gentleman of that Country, of a very opulent Fortune, and well esteemed; that he had married a Relation of Mr. Benson's, and having been so long in his Service, Master of different Vessels belonging to the same Owner, and experienced many Instances of his Friendship, he could not but consider him as the Master of his Fortune, and rested his whole Dependence upon his Favour.

After bringing Home the Ship Nightingale safe from a former Voyage, he had a Fit of Illness which reduced him in his Circumstances pretty much. On his Recovery, Benson sent for him and proposed fitting out the same Vessel; and then for the first Time, communicated his Design of making a large Insurance upon her, and having her destroyed. Lancey said the Proposal startled him, but recollecting himself, replied, 'Sir, I flatter myself you have never known me guilty of a bad Action since I have been in your Service, and surely your Mention of this Matter to me now, is only with a View of trying my Integrity.'

Some Time afterwards, Benson invited him with some other Gentlemen to dine with him. Lancey went, and was very kindly received, and desired to stay till the rest of the Company were gone: He did so, and as soon as they were by themselves, Benson walked with Lancey, to a Pleasure-house in the Garden, renewed his former Proposal, and urged him to a Compliance with great Earnestness; till at last Lancey plainly told him, that if such were the Conditions of continuing in his Service, he must seek out for Business somewhere else, for he could not prevail with himself to come into such a Scheme.

They had drank plentifully before, and Benson still plied him with more Wine and more Arguments; upon which he touched upon a tender String; his Necessities, his Wife, and two Children. 'Why will you, says Benson, stand so much in your own Light? Consider your Circumstances, consider your Family; you may now have an Opportunity of making them and yourself happy. His Arguments unfortunately prevailed, and Lancey was undone. The Prospect of such large Advantages, joined to Benson's strong and repeated Assurance of Protection, gilded the Bait till Lancey swallowed it. The Temptation was great; but what Punishment can be bad enough for the Tempter?

To these last Motives, Lancey ascribed his embarking in this flagitious Conspiracy; but having once engaged in it, he acknowledged he was particularly active in carrying it into Execution, and equally tenacious of the Credit of his Seducer.

In what Manner, and by whom this villainous Scheme was put in Execution, has already been related in the Course of the Trial, and therefore need not here be repeated, except some Circumstances relating to the Protest, viz, That on Thursday day the 6th of August, Lancey with Lloyd the Chief mate, Anthony Metherall Second-mate, and James Bather the Boatswain, went by the express Directions of Mr. Benson, before Mr. Narcissus Hatherly, of Biddeford, Notary Public, and there swore among other Falsities, that the Ship Nightingale taking fire, was purely accidental and casual) and proceeded from some unforeseen Accident or Cause which was not in their Power to hinder or prevent, and not from Carelessness, Wilful Neglect, or Mismanagement, to their, or either of their Knowledge or Belief; and that the Loss of their Ship and Cargo, and every thing on board, was a total and unavoidable Loss by Accident of Fire.

Every thing having thus succeeded to his Wish, Capt. Lancey, not in the least apprehensive of Detection, went Home to his Family, where his first Care was, to secure the Wages of his Evil-doings. To this Purpose he wrote to his Correspondent at Exeter, whom he had employed to procure him an Insurance of 130£ upon this Voyage, acquainting him with his pretended Loss; which he followed in about a Fortnight after, with another Letter, accompanied by proper Vouchers for the Recovery of the Money so insured. As this last Letter may serve to illustrate the Intention of this foul Conspiracy, we shall insert it from a Copy allowed by Lancey to be genuine.

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Northam, August 23, 1752.

SIR,
I have sent you by this Post, the Police, my Protest, and my Affidavit, annexed to the Invoices of my Loss, besides 15 Guineas advanced to the Sailors, which I imagine I shall be able to come at, but rely on your superior Judgment to make Application for me, as I am so much a Sufferer; besides sundry other Items, I have omitted in my Invoice, which really were on board, at the Time when I sustained my Loss.
I am, Sir, your most obedient Servant,
John Lancey.
To Mr. John Williams, Merchant, at Exon.

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Mean while, Lancey, having no particular Employment, spent his Time at Home, and about the Neighbourhood, with all seeming Unconcern; and when Lloyd, on the 26th of August, told him he heard that Bather was going or gone to Exeter, and upon what Account, he seemed to give no Credit to it, neither did he attempt to secrete himself on that Occasion.
However, in a few Days, he was fully and fatally convinced of the Truth of Lloyd's Intelligence; for on the 29th, as he was returning from a Walk he had been taking, he was accosted by the Constable of Northam, and a Bailiff of the Sheriff of Exeter, who told him, that Information having been made against him by Bather, for wilfully destroying the Ship Nightingale, with Intent to defraud the Insurers, a Warrant was granted against him, and the rest of the Ship’s Crew, which they were come to execute.

Lancey very chearfully submitted, and being taken into Custody, was carried to a Public-house in the Neighbourhood. No sooner was the Captain’s Detainer known abroad, but as many of the Crew as were thereabout surrendered themselves to the same Warrant; however, Lancey, Lloyd, and John Sennet were detained, and the rest immediately discharged. Lancey was permitted to go to his own House unattended, and Lloyd and Sennet to their respective Lodgings on their bare Parole, that they would appear the next Morning at the same House; they did, and proceeded from thence together to Exeter, and after Examination, were put under a strong Guard in an Inn. After another Examination, Sept. 14, Lancey and Lloyd were committed to the County Gaol, and Sennet to Bridewell.
They continued in the Gaol of Devon about three Months; and in the Beginning of December were removed by Habeas Corpus to London; where, on their Arrival, they were examined before Sir Thomas Salisbury, Knt. Judge of the Admiralty; when they were both ordered to stand committed. Jn the Course of this Examination, a Proposal was made to Lancey, and some Time given him to consider of it, which very probably would save both his Life and Liberty, had he embraced it; but he rejected it, chusing rather to fall a Victim than make a Sacrifice; and so on Monday the 18th, they were both sent to the Marshalsea.

During their Confinement here, several Applications were made to get them admitted to Bail, but unsuccessfully, till July 3, 1753, when Dr. Haye, and Dr. Smanbrooke moved the Court of Admiralty on Behalf of their Clients, John Lancey, Thomas Pow, John Lloyd and John Sennet, that a Session might be held, and their Clients tried; or that they might be bailed or discharged. Upon which Motion, the Court received that John Lancey be admitted to Bail in 1000£ and two Sureties in 500£ each; John Lloyd in 500£ with two Sureties in 250£ each; and Thomas Pow in 1000£ with two Sureties in 250£ each.

This Resolution of the Court flattered their Hopes for some Time; but were soon convinced, that they were built on an unstable Foundation. The grand Seducer, who had prompted them to the Commission of the Crimes, and had involved them in all these Difficulties, Benson; whose Power they expected would protect them, and whose Riches were to support them, was himself obliged, to a precipitate Flight, to seek an Asylum in a foreign Country. Thus, being unable to comply with the Terms of their being bailed, they were forced to submit to a Continuance of Imprisonment; and were remanded to Newgate to take their Trial at the next Sessions of Admiralty.

While Lancey was in the Marshalsea he had contracted an Acquaintance with a celebrated young Lady, who was very desirous of continuing her Visits to him in his new Apartment; this he absolutely refused, and desired to be excused with good Manners, accompanied with some wholesome Advice.

In the several Conversations, says the Ordinary, that passed between the Prisoner and me, I don't remember that he ever expressed any Resentment, against either his Prosecutors, or Bather who made the Discovery, whose Account he admitted, in general to be true. For two Days and two Nights, he would not suffer his Prayers to be interrupted, even by Sleep, and to his last Hour behaved with a Steadiness and Composure, very seldom seen on the like solemn Occasion.

He suffered at Execution Dock, June 7, 1754.

< REPORT ENDS >

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Definitions:

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

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