Examination of Pirates 1752 and 1753

(relating to the investigations into Thomas Benson)

Transcribed by David Carter 2022

[Spelling remains verbatim. All paragraphs and punctuation added by the transcriber]

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Catalogue entry:

HCA - Records of the High Court of Admiralty and colonial Vice-Admiralty courts
Division - Records of Admiralty Sessions
HCA 1 - High Court of Admiralty: Oyer and Terminer Records

Examinations of pirates and other criminals, 1750-1766
Ref: HCA 1/58
https://discovery.nationalarchives.gov.uk/details/r/C3218748

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Front Cover:

Examinations in Criminal Matters from 1749 to 14th October 1766.

Contents:

This document contains (amongst others not transcribed) the following depositions:

1752 Nov 17 – Information from Samuel Touchet, John Rooke, and Robert Marsh, merchants of London
1752 Nov 29 – Examination of John Sinnett shoemaker/cook of Northam
1752 Dec 01 – Information from James Bather, mariner of Northam
1752 Dec 14 – Appeared: Samuel Touchet, John Rooke, and Robert Marsh
1752 Dec 16 – Examination of John Lancy of Northam
1752 Dec 16 – Examination of John Lloyd of Haverfordwest
1753 Jan 05 – Examination of Thomas Powe, shopkeeper of Appledore
1753 Jan 27 – Information from William Prust, shipwright of Bideford
1753 Feb 03 – Information from John Adams, mariner of Peters Marland, aged 26

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Other names mentioned:

Thomas Benson esq.
James Bather
Captain Glover
Peter Marshall
Amy or Ann Hoare (a felon)
[~blank~] Darby (an Irishman) [or Magra according to James Bather’s account]
John Clibbuch [Clibbett] (master of the brig Vine from Bilbao)
William Cooke (master of a Clovelly vessel) 
George Nicholson (master of the Charming Nancy, from Philadelphia)

Crew of the Ropeyard:
Alexander Ley (owner)
James Jones (master)
John Langdon (mate)
Richard Hanger (boatswain)
William Prust (carpenter shipwright)
John Adams (seaman)
James Pridham (seaman)
John Tathercott (seaman)
James Ley (seaman)
Christopher Pole (seaman)
Stephen Ley (foremast man)
William Collins (foremast man)
William Dane (ships boy)
John Gregory (ships boy)

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Transcript:

The Office of the King promoted against:

•    John Lancey - Master
•    John Lloyd - Mate
•    Richard Sinnett - Mariner
•    John Sinnet - Mariner
•    Francis Sexton - Mariner
•    Andrew Metherall - Mariner
•    Thomas Sharpe - Mariner
•    John Marshall
•    Thomas Powe

The Joint and Severall Informations of Samuel Touchet John Rooke and Robert Marsh of London merchants taken before the Worshipful Edward Simpson Doctor of Laws one of the Commissioners of Oyer & Terminer & Goal Delivery for the Admiralty of England in the Chambers of the said Commissioner in Doctors Com[m]ons London on Friday the seventeenth day of November in the year of our Lord 1752.
Present George Bellas Notary Publick Deputy Register.

These Informants say: That in or about the Months of April, May, June and July last, the ship Nightingale whereof John Lancy was Master, was pretended to be bound on a voyage from Appledore to Maryland, and Application being made to these Informants respectively, 
they severally became Insurers of the Ship and Goods for such proposed Voyage in manner following, that is to say:

This Informant Samuel Touchet underwrote a Policy of Insurance for the Sum of One hundred Pounds.

And this Informant John Rooke underwrote a Policy of Insurance for the like Sum of One hundred Pounds.

And this informant Robert Marsh underwrote a policy of Insurance for the Sum of One hundred Pounds.

And these Informants jointly and severaly say: That they have been informed, and verily believe, that in the prosecution of the aforesaid voyage, the said ship was wilfully burnt and destroyed by Persons on board her, to the prejudice of these Informants as Insurers on the said proposed Voyage.

And these Informants severally say: That they have been informed, & believe, that James Bather the Boatswain of the said ship, having made discovery and Information of the said ship being wilfully destroyed, is now detailed a Prisoner in the Goal for the City and County of Exeter, and that John Lancy the aforesaid Master of the Ship, and John Lloyd the Mate of the said ship, are now detailed in the Goal for the County of Devon, and that John Sennett a Mariner of the said Ship, is now detained in Bridewell at Exeter aforesaid.

And these Informants say: That they are informed, and verify believe, that the said James Bather, John Lancey, John Lloyd & John Sennett, were on board the said Ship at the time she was wilfully destroyed, which fact we committed as they are informed, & believe, on the High & Open Sea, and within the Jurisdiction of the Admiralty of England.

[Signed]:
Sam Touchet
Jno Rooke
Robert Marsh

Taken before me: Ed: Simpson, surrogate

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Thursday the 14th December 1752, before the Right Worshipful Sir Tho[ma]s Salisbury Knight, Doctor of Laws, one of his Majesties Commissioners of Oyer & Terminer & Goal Delivery 
of the Admiralty of England, present George Bellas Notary Publick.

Appeared personally Samuel Touchet, John Rooke & Robert Marsh of London, merchants, & severally submitted themselves to the Jurisdiction of the High Court of Admiralty of England, bound themselves their Heirs, Executors & Admin[istrato]rs respectively to our Sovereign Lord the Kingm in the Sum of Thirty Pounds [£30] of lawful money of Great Britain, for each of them to appear before his Majesties Commissioners of Oyer & Terminer & Gaol Delivery for the Admiralty of England, at their next General Session, to be held at Justice Hall in the Old Bailey, in the Suburbs of the City of London, or elsewhere, & there to present the said John Lancey, John Loyd, Richard Sinnet, John Sinnet, Francis Sexton, Andrew Metheral & Thomas Sharpe for Felony, in wilfully destroying the ship Nightingale, & the said Peter Marshall & Thomas Powe for assisting them therein, & not to depart the Court without leave.
Whichd attest: George Bellas, Notary Publick.

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The Examination of John Sinnett of Northam in the County of Devon, shoemaker, late cook on board the ship Nightingale, John Lancy Master, taken before the Worshipfull George Paul, Doctor of Laws, one of his Majesties Commissioners of Oyer & Terminer & Goal Delivery for the Admiralty of England, in the Chamber of the said Commissioner in Doctors Com[m]ons London, on the twenty ninth day of November in the year of Our Lord One Thousand Seven hundred and fifty two [1752], in the presence of George Bellas, Notary Publick Deputy Register.

This Examinant saith: That he was shipt by John Lancy, Master of the ship Nightingale, to proceed in the said ship from Biddiford to Virginia, as Cook of the said ship, and on or about the twenty eighth of July last, the Examinant went on board the said ship in the Pool at Appledore, and on the same day the said ship sailed from pool, in prosecution of her intended voyage.

And on the next day the wind was against the Voyage, but the Examin[an]t never having before been at sea, is not able to give any particular account as to that matter, farther than the said ship, on the said day, proceeded to the Island of Lundy, and lay there two days and till such time as the wind was fair to go to the westward, and then sailed, which was on a Saturday Morning.

And on the Monday Morning, after the said ship being out of sight of land and distant from Lundy, as the Examin[an]t was told & believes, about eighteen or twenty leagues, about five of the clock in the morning, the crew of the Nightingale haled a ship which proved to be a Philadelphia ship bound to Dublin, and continued in Company & Conversation with the crew of such ship about an hour or two, and the Philadelphia ship not having had an observation for some time, Captain Lancy told them where they were and gave them a cabbage and a bottle of ale, after which the Philadelphia ship, sailing faster than the Nightingale, out sailed her about two Leagues.

And about twelve of the clock at Noon, the Examinin[an]t being upon the Deck, saw Captain Lancy go down to his cabin as he sayd to take off his days work, and he immediately returned and says he smelt a smoke, and then went forward to the Forecastle and enquired of some Transports which were on board the ship, whether they had any Fire, and they sayd No, but sayd they smelt a smoke and beg[ge]d for the Lord’s sake that they might be let up. And then the vessel was all of a hurry all over, and this Examinant having a brother on board the vessel, one Richard Sennett, he took up a hatchet in order to cut the Gripes of the Boat in order to launch her over board, in the doing of which he cut his leg, and Captain Lancy ran to the Hatch and took it up and the fire flew in his face, and then the Examinant & twenty three other, Transports and Crew of the Nightingale, went into the Ships Boat and hove water upon the ship to put out the fire, but the flames encreased so fast it could not be done, and the Examinant lost all his cloth[e]s except a shirt and a pair of stockings in the hurry.

And there being a loaded Gun on board the Nightingale, some of the Nightingales Crew fired it off to give notice to the Philadelphia men of their distress, which gun was heard by the Crew of a Ship belonging to Clovelly, as they afterwards told the Examin[an]t, but the crew of the Philadelphia ship told the Examinant they did not hear it, but seeing the smoke, they came to the relief of the Examinant and others aforesaid, who all went on board the Philadelphia Man and continued on board her about four or five hours. And Captain Lancy desired the Commander of the Philadelphia Man to go down and try whether he could save anything, but he was afraid and sayd he would not risk his ship.

And about six o'clock in the afternoon, the above-mentioned ship belonging to Clovelly being come up with the Philadelphia Man, the Examin[an]t & others the crew of the Nightingale and the Transports, went on board her & was carried in her to Clovelly.

And his Examinant says: That he saw the Nightingale burning in the sea at ten of the clock at night.

And this Examinant saith: That on his return to Northam, he was lured by Thomas Benson esq (whom the Examin[an]t hath been informed & believes was Owner of the Nightingale when she was burnt) to look after the Transports & prevent their escaping, in which employ he continued till he was taken into custody on Suspicion of wilfully destroying the ship Nightingale, which was about three weeks after his return to Northam.

Signed: John Sinnet
Taken before me: G Paul

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The Information of James Bather of Northam in the County of Devon mariner, taken before 
the Right Worshipful Sir Thomas Salisbury, Knight, Doctor of Laws, Lieutenant of the High Court of Admiralty of England, one of his Majesties Courts of Oyer & Terminer & Goal Delivery for the Admiralty aforesaid, on Friday the first day of December in the year of Our Lord One Thousand Seven hundred and fifty two [1752].
In presence of George Bolles, Notary Publick Deputy Register.

This Informant saith: That about four months since he, the Informant, was shipt by Thomas Powe otherwise Poe, taylor at Appledore, to serve as Boatswain on board the ship Nightingale, whereof John Lancy was Master, in a Voyage from Appledore to Maryland or Virginia & back, and he the Informant accordingly entered on board & into the service of the said ship, which ship was sayd to belong to Thomas Benson of Northam Esq, & was a Brig of the burthen of about eighty tons.

And he the Informant says: That on a Monday hepping[sic] about four or five months since, the Informant doth not more exactly recollect the time, the said ship sett sail from Barnstaple on the said proposed voyage, having then on board, and belonging to her, the said John Lancy the Master, John Lloyd of Haverford West the Mate, the Informant as Boatswain, and six mariners to wit: Richard Sinnett, John Sinnett, Francis Sexton, Andrew Metherall, Thomas Sharpe and Thomas Husband, and also sixteen Felons for Transportation, one of whom named Amy Hoare was afterwards carried on shoar by the said John Lancy at the Island of Lundy and there left.

And this Informant says: That at the time the said vessel the Nightingale sailed from Appledore, she had on board two large, and four small, maunds of pewter, seventeen or eighteen bales of goods which the Informant believes to be linen, the Informant having discovered thro the cracks that some of them contained linens, and also three hundred and fifty bushels of salt, and seven or eight small boxes, the contents unknown to the Informant, and no other goods to this Informants knowledge or belief.

And this Informant saith: That on the next day after the said ship sailed from Barnstaple aforesaid, 
the said ship having worked up to the Island of Lundy, came to an anchor in Lundy Road, which Island is sayd to belong to the aforesaid Thomas Benson Esq, either in his own right or as Lessee. That this Informant has been upon the Island of Lundy, and does not know or believe that there 
are more than three houses upon the same, one large & two small, that the said vessel continued at anchor as aforesaid, from that time, till about day break of the Sunday Morning next following, during which time a boat belonging to the Island came several times on board the vessel, particularly on the same evening, & soon after the said vessel came to an anchor, Peter Marshall a Servant of Thomas Benson Esq, together with [~blank~] Darby an Irishman, & two other persons 
unknown to the Informant, came on board the vessel, and after talking some time with the said John Lancy returned on shoar.

And on the next day the aforementioned Peter Marshall, [~blank~] Darby, Thomas Poe aforesaid, and the other two persons, returned on board the vessel. And the said Thomas Poe called the Informant down into the Captain’s Cabin, and then the said Thomas Powe told the Informant that there was an intention to destroy the vessel, but if the Informant would keep Council, he should be no loser, and proposed that the Informant should have forty pounds. And the Informant says it was too little and insisted on forty-five pounds, whereupon the said John Lancy, the Master of the said vessel, did in Lundy Road upon the High & Open Sea and within the Jurisdiction of the Admiralty of England, draw a Bill or Note upon the said Thomas Pow for the sum of forty-five pounds payable to the Informant. And the said Thomas Poe being then and there present, accepted the said note by writing thereon.

And this Informant says: That such like notes were given by the said John Lancy to others of the mariners of the said vessel, but for different sums of money according to their stations, at which time there was also present the aforementioned Peter Marshall, and the said John Lancy advised the Informant and others of the crew for fear of accidents, to leave the said Notes in the hands of the said Peter Marshall, promising that the same should be discharged as soon as the Insurance Money on the ship & goods should be recovered.

And this Informant saith: That he the Informant, since the loss of the said vessel, hath received of the said Thomas Pow the sum of five pounds two shillings in part of the aforementioned note, who at the same time told the Informant he pay him the rest as soon as the insurance was recovered.
And this Informant says: That on the day next after the notes were given to the Informant & others as aforesaid, the said Thomas Pow went from Lundy in a vessel belonging to the said Thomas Benson Esq, whereof John Clibbuch was master.

And this Informant says: That in the evening of the next day, being Thursday, the said Peter Marshall, [~blank~] Darby & the other two persons aforesaid, again returned on board the said vessel, and this informant, together with the rest of the ships crew, hoisted out several of the bales. And on the next day the said boat and persons returned, and at twice carried on shoar the remainder of the aforementioned bales and maunds of pewter, during which time the said John Lancy hung a tarpaulin before the openings of the hatches to prevent the Felons from seeing the removal of the goods.

And this Informant saith: That no part of her cargo was left, but the salt and boxes before mentioned.

And this Informant saith: That on the next Sunday Morning about daylight, the said vessel set sail from the Island of Lundy, and the morning of the next day, being Monday, was about fifteen or sixteen leagues distant from thence, and upon the High and Open Sea and within the Jurisdiction aforesaid, that a vessel bound from Philadelphia to Dublin bore down to the Nightingale, and enquired whence they came, and how Lundy bore, and at what distance, and being answered about west north-west fifteen or sixteen leagues distant, Captain Lancy told them that it looked like dirty weather and advised them to stand to the westward as the Nightingale did.

And after some time Captain Lancy gave to the Philadelphia commander a cabbage and a bottle of beer, after which the said Philadelphia ship, sailing faster than the Nightingale, went ahead of her about a mile or two, that there was on board and belonging to the said vessel, a very large Long Boat much too big for a vessel of her burthen, and thereupon the lashings of the boat were cut, and the Informant & others by order of the said John Lancy, got her tackles hooked and hoisted her over the side of the vessel ready to put into the water. And in order to conceal what they were doing from the crew of the Philadelphia Brig, which was to Leeward & ahead, the said boat was hoisted over the weather gunnell contrary to the known general practice. Which being done, the aforementioned Richard Sinnett, by order of the said John Lancy, went into the after hold of the vessel in order to cut a hole thro the bulkhead between the salt and the bread room, to come at some oakum then on board the ship and the hold, but in his attempting so to do, cut his leg with the hatchet and therefore came upon deck leaving the same unfinished.

That the said John Lancy thereupon ordered the Informant to do the same, which the Informant accordingly did, after which the said John Lancy ordered the Informant to take the auger and bore a hole thro the bottom of the vessel, which the Informant accordingly did. And John Sennett held a candle to light the Informant in boring the same, that the water flowed into the vessel very fast, to prevent which the Informant put a marling spike into the hole he had bored, that the Informant then returned upon deck & told the said John Lancy what he had done. That then the said John Lancy gave the Informant the coat he has now on, a green waistcoat and checked shirt. And the said John Lancy gave to Mr Lloyd his Mate a blue coat with brass buttons, and also gave to John Sinnett a pair of ribbed stockings.

And this Informant says: That he having packed up all his cloath[e]s in a pillow case, in order to take the same with him when he quitted the ship, Captain Lancy objected to the same, and sayd it would make too much show, and in recompense for the Informants leaving the same in the ship to be destroyed, gave the Informant the cloth[e]s aforementioned which was better then his own, that everything for the destruction of the vessel being thus prepared, the Informant by order of the said John Lancy the Master, set fire to the oakum aforesaid with a candle, which being done, the said John Lancy went forward to the Felons and called to them to know what smoke was below, and made an outcry saying he was ruined for ever, that one of the crew of the Nightingale loosed the Felons and they, together with the Transports being twenty four in number, went into the aforesaid boat and rowed towards the afore-mentioned Philadelphia Ship.

And the Transports and some of the sailors went on board, but the Informant and some of the crew of the Nightingale, assisted by some of the crew of the Philadelphia ship, went in the boat rowing too again on pretext of saving what they could, but really to conceal and remove all suspicion of the crews having wilfully destroyed the ship, that they did save some few blocks and bits of rigging and then returned on board the Philadelphia ship, and about two hours afterwards a vessel commanded by William Cooke belonging to Clovelly coming up, the Informant and the rest of the crew of the Nightingale, together with the Transports, went on board her, who carried them to Clovelly Road, and from thence they all proceeded in a Fishing Boat to Appledore.

And this Informant saith: That the said vessel Nightingale was wilfully burnt and destroyed by order of the said John Lancy the Master, with the knowledge and privity of the said John Lloyd, Richard Sinnett, John Sinnett, Francis Sexton, Andrew Metherall and Thomas Sharpe ['Husband' crossed out] who were respectively aiding and assisting therein.

And this Informant saith: That Thomas Pow and Peter Marshall were privy to the intention of destroying the same, and upon the High & Open Sea, counselling, aiding and abetting the same in fiend and prejudice of the Insurers upon the ship and goods in the voyage aforesaid.

That after the Informants return to Northam, Thomas Benson Esq before mentioned, asked the Informant to join in swearing to a protest concerning the loss of the said vessel, at which time were present Richard Sinnett and Francis Sexton aforesaid, who all refused so to do, as the notes which had been given them were left on Lundy as aforementioned. That the said Thomas Benson told them that they might depend on his honour they should be all paid, notwithstanding which the Informant and the others aforementioned persisted in their refusal, upon which Mr Benson seemed to make light of it saying he had not above eight hundred pounds insured upon her and that he could better loss that, than the Informant and others their Notes.

And the Informant saith: That he the Informant being in liquor, was by the urgent persuasions of John Lancy, afterwards induced to join with him and others of the crew in a Protest that the vessel was accidentally lost.

Signed: James Bather
Sworn before me: Thomas Salisbury

Then the said James Bather submitting himself to the Jurisdiction 
of this High Court of Admiralty of England, bound himself his Hei... [words stop here].

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The Examination of John Lancy of Northam in the County of Devon Mariner, late Master of the ship Nightingale, taken before the Right Worshipful Sir Thomas Salisbury, Knight, Doctor of Laws, Lieutenant of the High Court of Admiralty, one of the Commissioners of Oyer & Terminer & Goal Delivery for the Admiralty of England, in the chambers of the said Commissioner in Doctors Commons London, on Saturday the sixteenth day of December in the year of Our Lord 1752.
Present George Bollas, Notary Publick Deputy Register.

This Examinant saith; That he the Examinant, was shipt by Thomas Benson Esq, owner of the ship Nightingale, to serve on board the said ship as Master, in a voyage from Appledore, where the ship then was, to Maryland. And the said ship having taken in a lading of bale goods, cask, and Felons Convicts, on or about the twenty eighth of July last past, proceeded from Appledore to the Island of Lundy, to which place the Examinant was ordered by Mr Benson to proceed, in order to set on shoar Ann Hoar, one of the Convicts, who was to be there left in order to assist in making rabbit nets. That the ship Nightingale arrived at the Island of Lundy about noon of the Thursday following, and continued there till the next Saturday morning waiting for a fair wind.

That during the time the said ship lay at Lundy, the boat belonging to the Island was two or three times on board the ship, but the Examinant is positive that nothing was landed from out of the ship, except the said Ann Hoar. That about eight o'clock in the morning of Saturday the said ship sailed from Lundy with the wind at north north west, and continued prosecuting his voyage till Monday about one o'clock at noon, when the Examinant being about to go down to take off his days Journal, he perceived a smoke to issue out of the hold, and thereupon the Examinant went forward to look down the Fore Scuttle to see if the Convicts had got any fire, but not finding any there, the Examinant opened the tarpaulin of the main hatchway, when the fire flew up in the Examinant face, and thereupon the Examinant & others of the crew endeavoured to get out the boats and endeavoured to extinguish the flames but could not.

After which, the Examinant & others of the crew having hoisted the boat out on the weather side, got therein, and endeavoured to find a vessel which they then could not see, but with them they had been in company that morning, and which vessel was about two leagues distant & upon the weather bow, and in about an hour and half got on board such vessel, which proved to be the Charming Nancy, George Nicholson of and from Philadelphia then bound for Dublin.

And after continuing in her about two hours, a vessel came up commanded by William Cook of Clovelly, and thereupon in order to get home, they went on board him, which ship carried the Examinant & the crew into Clovelly Road, and the Examinant and his crew landed at the Port of Barnstaple.

Signed: Jno Lancey
Taken before me: Tho[mas] Salisbury

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The Examination of John Lloyd of Haverford West in the County of Pembroke Mariner, late Mate of the ship Nightingale, taken before the Right Worshipful Sir Thomas Salisbury, Knight, Doctor of Laws, Lieutenant of the High Court of Admiralty of England, one of the Commissioners of Oyer & Terminer & Goal Delivery for the Admiralty aforesaid, in the Chambers of the said Commissioner in Doctors Commons London, on Saturday the sixteenth day of December in the year of Our Lord 1752.
Present George Bolles Notary Publick.

This Examinant saith: That in the month of April last past, he the Examinant was shipt & hired by John Lancy, late Master of the ship Nightingale, to proceed in the said ship from the port of Barnstaple where the ship then was, to Maryland and back, as Mate. That the said ship having taken in a lading of bale goods and salt, and some boxes on or about the twenty eighth of July last, proceeded from Barnstaple on her intended voyage, but that the wind being contrey, the said ship by stress of weather was obliged to put into Lundy, at which place they put on shoar & left one of fifteen convicts that were to have been transported to America.

That on the Saturday afterwards, the wind coming fair, the said ship sailed in prosecution of her intended voyage, and in the morning of the Monday spoke with a vessel from Philadelphia for Dublin, and having informed him how the land bore, he altered his course & steered the same course with the Nightingale.

That about noon of the same day, the Philadelphia ship had so far outsailed the Nightingale as to be almost hull down, and to be almost three leagues or two leagues and half distant, when the Examinant, being upon deck, saw Captain Lancy also there, who took up one of the tarpaulins, and the Examinant saw a smoke come from out the hatchway, and soon afterwards the Examinant saw flames fly out. And thereupon the crew hoisted out the boat and got therein, at which time the sails of the Philadelphia ship were very plain to be seen. That in about an hour & half they got on board the Philadelphia ship and sailed towards the Nightingale, which was then on fire, and about four hours afterwards went from thence on board a Brig bound for Milford, & was carried in her to Clovelly, and from thence got on shoar at Appledore.

Signed: John Lloyd
Taken before me: Tho[mas] Salisbury

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The Examination of Thomas Powe of Appledore in the parish of Northam in the County of Devon, shopkeeper, taken before the Worshipful Robert Chapman, Doctor of Laws, one of the Commissioners of Oyer & Terminer & Goal Delivery for the Admiralty of England, in the Chambers of the said Commissioner in Doctors Com[m]ons London, on Friday the fifth day of January in the year of Our Lord One Thousand Seven hundred & fifty three [1753].
In presence of George Bollas Notary Publick Deputy Register.

This Examinant saith: That he the Examinant is a shopkeeper at Appledore in the Parish of Northam, and saith that he the Examinant, in the month of July last, was at the Island of Lundy. And about noon of the thirtieth of July, as the Examinant best recollects the time, the Examinant saw the Brig Nightingale, whereof John Lancy was Master, come into Lundy Road.

And the Examinant saw Peter Marshall & two other persons go in a boat from the Island, on board the Brig, and the said Peter Marshall asked the Examinant to go with them, but the sea at that time being very high, the Examinant refused the same.

That the said John Lancy soon afterwards came on shoar with the said Peter Marshall.

That after they had been some time on shoar, a Brig from Bilbao arrived in the Road, and the said John Lancy, or some other of them, haled the said Brig, whereupon John Clibbutt the Master came on shoar and dined with the Examinant & others.

That after dinner, the said John Lancy, John Clibbutt, Peter Marshall and two or three hands to row the boat, went from the Island on board the Nightingale and drank a bottle of wine, and after staying on board her about an hour, went on board the Brig commanded by John Clibbut, which was called the Vine, and the Examinant was left on board the Vine, which ship belonged to Mr Benson as well as the Nightingale, and was then sayd to have come from Bilbao and to be bound to Appledore.

That the Vine not sailing in the night as was expected, the Examinant on the next morning went again on board the Nightingale in the boat belonging to the Vine, and the aforementioned John Clibbut & his Mate went with the Examinant, and the said John Lancy delivered to the Examinant a letter to take with him to Appledore, to deliver to the wife of the said Lancy, and on that day the Examinant sailed in the Vine Brig for Appledore.

Signed: Tho[ma]s Powe
Taken before me: Rob[er]t Chapman

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The Information of William Prust of Biddeford in the County of Devon shipwright, taken before the Worshipful Robert Chapman, Doctor of Laws, one of the Commissioners of Oyer and Terminer and Goal Delivery for the Admiralty of England, in the Chambers of the said Commissioner in Doctor Commons London, on Saturday the twenty seventh day of January in the year of our Lord One Thousand Seven hundred and Fifty Three [1753].
Present: Henry Major Notary Publick.

This Informant saith: That sometime about the latter end of the year 1750, he this Informant worked on board the snow called the Rope Yard of about the burthen of 80 tons, belonging to Alexander Ley of Northam in the said County of Devon, thentofore a Master and Mariner in the services of Thomas Benson Esquire, and afterwards a Merchant then lying in the Harbour of Biddeford aforesaid, to repair her, and fit her for a voyage.

And he saith: That about the month of March following, he agreed with the said Alexander Ley to go a voyage in the said vessel to Newfoundland as carpenter, and to work in her for the then next Fishing Season at Newfoundland, at the price or wages of ten guineas and a draught of fish (which is estimated at about 224 pounds weight), and one share in the said fishing.

And this Informant further saith: That the latter end of the said month of March, he saw a large quantity of Bay Salt exportation, and within a day or two afterwards, he observed that the said salt had been very much diminished and lessened, and he believes that great part thereof had been relanded and carried on shore.

And he saith: That he doth believe the said salt was lodged in a Warehouse or Cellar belonging to the s[ai]d Thomas Benson esquire at Boathead, near to which the said vessel then lay, for that he several times soon afterwards saw Bay Salt removing and carrying away by horses from the said warehouse or cellar.

And he further saith: That there was a report and rumour whispered about, before the said vessel sailed, that she was intended to be lost in the said voyage, which being spread, this Informant then discoursed about with one Christopher Pole, a seaman that had entered on board the said snow for the said voyage, and he the said Pole assured this Informant that he had on that account refused to go [on] the said voyage, and returned to the said Alexander Ley two guineas which he had received on account of the pay he was to have for such voyage.

And this Informant was then induced to fear there was some foundation for such report, but he having received three guineas of the said Ley on account of his pay or wages, and having laid out or expended the same in necessaries for himself and family, and not having any money of his own to return it back, he look't upon himself as constrained to go [on] the said voyage.

And this Informant saith: That on Good Friday in the year 1751, he this Informant sailed over the Bar of Barnstaple in the said ship, with the said Alexander Ley the owner, James Jones Master, John Langdon Mate, Richard Hanger Boatswain, James Pridham, John Tathercott, James Ley, Stephen Ley and William Collins as Seamen, William Dane a Boy, and another Boy named (as he was informed) John Gregory, together with John Adams, a seaman belonging to another ship of the said Alexander Ley's, which had before sailed a voyage to Newfoundland and left him behind.
And he saith: That on or about the 27th of the said month of April, between 3 and 4 o'clock in the morning, as the said vessel the Ropeyard was lying too, about one hundred leagues to the east of Newfoundland Banks under a roof mainsail, a Brigantine drove foul of them, and stove in the said snow's starboard quarter, which being repaired the ship took as little water, in this Informant's opinion, as she had done at any time before in the said voyage, requiring one man's spell at the pump in about two or three hours to clear her.

And this Informant saith further: That about the second day after the Rope Yard met with the said accident, a ship from the West of England came up with and spoke to the Rope Yard, and kept company with her two or three days, and offered to keep her company if necessary until she made her Harbour, when the said Alexander Ley thanked them, but sayd he hoped there was no danger, on which the said ship departed.

And he further saith: That on or about the sixth day of May following, they saw the Land which proved to be Cape Race, and on or about the seventh in the morning, this Informant left the watch about four, having first made the Harbour of Trepassy, which they might have got into if there had been occasion, it being then moderate and clear weather and a fair wind.

And he saith further: That about 8 o'clock the said morning, he this Informant came upon watch again, and some of the men trying the pumps, seemed to suspect that the then last watch had not pumped the ship, on which the last watch being called up, and John Adams declaring he had pumped her till he thought the pump sucked, two men then went to the pump, and by shifting hands, the pump sucked in less then ten minutes.

And then this Informant with Alexander Ley, Captain Jones, and others, went with candles into the hold to search for the leak, and found some small leaks ouzing in from the back of a timber in the starboard bow of the ship, and no other, but they all seemed to agree in opinion that these were not the leaks that had occasioned the water, and could not then account how the water should come there unless the pump by some accident, had chucked before the water had been cleared. Whereupon soon after their return upon deck, Alexander Ley the owner, James Jones the Master, and John Langdon the Mate, went into the cabin and there, as this Informant believes, held a consultation, and coming soon after upon deck, the pump being tried again, and the ship continuing to make water, Mr Jones said unto the people that he would not go round Cape Saint Mary's, but desired they would stand by him to put the ship on shore, which all the crew then seemed to consent to. And the ship was then clapped on the wind, but Richard Hanger, James Pridham, John Tathercott, and John Adams went down into the hold, and soon after came upon deck and sayd they had found and stopt the greatest part of her leaks. And James Pridham took the helm from Mr Langdon the Mate, and wore the ship saying he would take charge of her, and if they (meaning as this Informant understood the said Alexander Ley, James Jones, and John Langdon) were afraid they might take the long boat and go on shore.

And then this Informant with Alexander Ley, Richard Hanger, John Tathercott, and John Adams, went down into the hold, and the said Alexander Ley being shewed the plug they had put in, he asked of them if that was the leak, and took out the plug and flung it away, saying that could not be the leak that made that water, altho' the water then spouted in with great force from the hole out of which the said plug was taken, and the candles being then put or hussled out, the said Alexander Ley went upon deck again, and ordered Mr Langdon to the helm, turning Pridham away from it. And then the ship was clapped on the wind, and in a very short time run ashore, which was about four o'clock in the afternoon when the sea was smooth and the wind fair for the voyage.

And this Informant further saith: That the said hole from whence the said plug was taken, was about the size of a Trunnel Hole, and was made between two timbers in the starboard bow, and not in a place where it is usual to have trunnel holes.

And this Informant saith: That when he was in the hold about eight in the morning as aforesaid, there was no appearances of the said hole, or any such leak in that place where the said hole was, And he doth verily believe that the said hole was made with an auger after the said hour of eight in the morning, and that the said Alexander Ley took out and flung away the said plug with an intention to let in the water to give a pretence to run the said ship ashore, and saith that Jones the Master, and Langdon the Mate, were both consenting with the said Alexander Ley, and assisted in the wilful destruction of the said ship or snow called the Rope Yard to defraud the Insurers thereon.

And this Informant doth in his conscience believe that in case the said plug had not been so pulled out, there would have been no necessity to run the ship on shore as aforesaid, and that if the said ship had not been so wilfully destroyed, she might have got safe into the Harbour at Placentia within a day or two.

And this Informant saith: That when the said vessel was first run on shore the time aforesaid, he believes the water was not over the Keelson.

And he further saith: That no signal of distress was made for help to save the said ship, although the same morning they saw and were very near five or six fishing boats, and also saw a snow about three leagues distant to the Leeward which, this Informant was told was Captain Glover of Pool.

And he further saith: That when the said vessel was put on shore, the Boat was hoisted out, and every person endeavoured to save his own things, and he observed the Boat to make about three or four trips to the shore that afternoon, when, had there been any valuable Goods or Effects on board, all such might have been saved.

And this Informant saith: That the same afternoon they carried on shore a new mainsail, a main-topsail, some cordage, two or three barrels of provisions, one barrel of strong beer, and also a cask which the said Alexander Ley told them to take care of as being dry goods, which cask was afterwards opened, and nothing found therein but Oakum.

And this Informant further saith: That he was frequently in the hold, but never saw any Boxes or Bale Goods on board, and doth therefore believe there were no Boxes or Bale Goods on board, or any Bales of Dry Goods or Merchandize of value on board the said snow, the Rope Yard, save the salt beforementioned, and some cordage, and ships stores, and two puncheons which as he heard contained some Bays and Tarrington Rugs.

And he saith: He left the said crew two days after the said ship came on shore, and went to Placentia where he afterwards entered into the service and employ of the said Alexander Ley in the Fishery.

And saith: That all that Fishing Season it was the general talk at Placentia that the said ship or snow, the Rope Yard, was lost on purpose to defraud the Insurers, and the Owner, Master and Ships Company were frequently upbraided therewith by the People of that place, who told them they would all be hanged when they got to England, or to that effect.

And Lastly this Informant saith: That at the end of the Fishing Season when he was going to New England, the said Alexander Ley desired this Informant to enquire there for the said James Pridham, and to tell him if he met with him, that he should make no to do about the matter (meaning as this Informant understood, the loss of the ship the Rope Yard aforesaid) for that he, the said Mr Ley would pay him his wages, and would have him make no noise about it.

Signed: William Prust
Taken before me: Rob[er]t Chapman

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The Information of John Adams of Peters Marling in the County of Devon mariner, aged about six and twenty years, taken before the worshipful Robert Chapman, Doctor of Laws, one of the Commissioners of Oyer and Terminer and Goal Delivery for the Admiralty of England, in the Chamber of the said Commissioner in Doctors Commons London, on Saturday the third day of February in the year of Our Lord 1753.
Present: George Bolles, Notary Publick.

This Informant saith: That sometime in the Month of February 1750 he was shipt and hired by Alexander Ley of Northam in the County of Devon, to serve as Salter on board a ship partly belonging to him, called the Diana, then designed on a Fishing Voyage to Newfoundland, but the said ship sailing away and leaving the Informant behind, he went to the said Alexander Ley who told him he should go with him in another of his ships, and accordingly the Informant sometime in the month of April 1751 went on board a snow called the Rope Yard, of the burthen of about 70 or 80, tons belonging to the said Alexander Ley, and then lying at Appledore near Biddeford in the said County of Devon.

And as he now best remembers he was to have six pounds ten shillings, and three quarters of a share for the voyage he was then going to Newfoundland, & saith that the said ship had no other loading on board, but about six or seven hundred bushels of salt, and two or three tons of cordage, all which was put on board before the Informant went on board she being ready to sail, when he went on board her, and saith that after the said ship Diana was sailed away as aforesaid, several of the Informants friends endeavoured to persuade the Informant not to go in the said snow, because she was designed to be lost in order to defraud the Insurers but, as he apprehended, they would not run her on shore so as to endanger their own lives, he resolved to go in her, and on Good Friday in the year 1751 this Informant set sail in the said Ship, with the said Alexander Ley the owner, James Jones Master, John Langdon mate, Richard Hanger boatswain, James Pridham, John Tathercott, James Ley, Stephen Ley & William Collins as Foremast Men, William Prust as carpenter, & two Boys names William Dane and John Gregory.

And saith: That between three and four o'clock of a Sunday morning in the said month of April, but the particular day he cannot now set forth, the said snow being lying too about a hundred leagues to the Eastward of the Banks of Newfoundland, a Brigantine ran foul of her and stove in two or three planks in her starboard quarter, which was soon mended by nailing the tarpaulin over it, & she was thereby made as tight as before, and for the next day or two she made no more water than she had usually done, requiring only one man's spell at the pump in about two or three hours to keep her clear, and in about two or three days after they met with the said accident, a vessel from the West of England came up with them & they informed them of what had happened, upon which the said vessel offered to keep them company to the Land if there was occasion for it, but the said Alexander Ley or James Jones or both of them refused it and say'd they hoped there was no great danger, upon which the said vessel left them.

And farther saith: That about twelve of the clock on the sixth day of May, they saw land which proved afterwards to be Cape Race, and about six o'clock the next morning they shot off of the Harbour of Trepassy into which they might easily have got of there had been occasion, the weather being then fair and moderate, and about eight o'clock the same morning, the Informant went off the watch, having first pumped the said ship till the pump sucked. And the said James Jones was Master of the said watch, and when he went off the watch, he went down into the hold for some cyder as he sayd, and stay'd there for about a quarter of an hour & soon after he came up, the pumps were ordered by somebody, but who he knows not, to be tried & they found the said ship made water, upon which this informant the said Alexander Ley, James Jones, James Pridham the Carpenter, and some others went with candles into the hold to endeavour to find out the leak, and they could only find a single place in the back of a timber in the starboard bow where the water ouzed in, but this Informant was of opinion that all the water had not been occasioned thereby, and the rest seemed to be of the same opinion, but they could not then find any other leak and they then came upon deck.

And the said Alexander Ley, James Jones, and John Langdon went into the cabin and held a consultation as they sayd. And after they came out, the pumps were tried again, & the said James Jones again went down into the hold, & the said Alexander Ley and John Langdon came upon deck, and when the said James Jones came up out of the hold, he had pnot[sic] his coat on, and his arms were dirty & muddy. And he then sayd the ships bottom was very rotten, and that he would not go round Cape St Mary's with her, and desired the crew to stand by him and run her on shore, which they seemed to consent to, and both pumps were set to work. And then the Informant the said John Tathercott, James Pridham, and Richard Hanger went down into the hold, and about two foot and a half from the keep in the starboard bow forward, they found a hole, which as he apprehends must have been made with an augur. And the said James Pridham made a plug and stopped into the said hole, and when he had so done, he sayd Mr Ley (meaning the said Alexander Ley) should not run the ship on shore to cheat the Insurers out of their money, for that he would go up and take charge of her himself for to effect.

And they then went upon deck and told the said Alexander Ley they had stopped the greatest of their leaks, and the said James Pridham then sayd he would take charge of the ship & carry her to Placentia, where she was bound to, or what Harbour he could make. And then took hold of the helm & wore the ship quite round from the shore, and turned the man who was at it away, but be cannot now say who was then at the helm, and the said James Pridham then offered the said Alexander Ley the Long Boat and what provisions he would to go on shoar, and take with him any others that were afraid to stay in the ship. And then the said Alexander Ley went down into the hold with the Informant the said William Prust, Richard Hanger and John Tathercott (as he believes), and desired them to shew him the leak which they did. And he then pulled out the plug which had been put in as aforesaid, and says he was sure that was not the place that occasioned all the water, tho' it then spouted in very fast, and the said Alexander Ley threw away the said plug & the candles being hustled out somehow or other, they were all ordered upon deck, and the said Alexander Ley came upon deck & went and turned away the said James Pridham from the helm, and ordered the said John Langdon to take it, which he accordingly did. And the said ship was then clapped on the wind and run right on shore directly, and it was then about four o'clock in the afternoon & the weather was very fair and moderate.

And farther saith: That the hole out of which the said plug was taken, was about an inch over as he believes, and was made in a solid plank forward in the starboard bow, about two foot & a half from the keel, and when he was in the hold about eight o'clock in the said morning, there was not any appearance of such hole or of any leak in the place where the same was made.

And he does verily believee: That the said hole was made with an augur after eight o'clock in the said morning, and that the said Alexander Ley pulled out the said plug to let in the water, that he might have a pretence to run the said ship on shore. And that the said Jones & Langdon were consenting and assisted with the said Alexander Ley in the wilful destruction of the said ship or snow called the Rope Yard, in order to defraud the Insurers

And he does also verily believe: That if the said plug had not been pulled out, there would not have been any necessity for running the said ship on shore, and that she might have got safe to Placentia where she was bound to the next day or the day after.

And farther saith: That when the said ship was fast run on shore, he is sure there was not six inches water over the keelson, and on the same day about twelve o'clock they passed by six fishing boats & saw at the time she was run on shore, there was a ship about two leagues and a half to leeward, which he was informed came from the west of England, and was commanded by one Capt Glover, but there was not any Signal of Distress whatsoever made for help to save the said ship or her cargo.

And farther saith: That when the said ship was run on shore, they all endeavoured to save their own things, and they likewise saved from the ship a new main sail and maintop sail, some cordage and provisions, and a cask of which the said Alexander Ley bid then take care, and say'd there were dry goods in it, but in which when it was opened they found nothing but oakum. And they continued to go to & from the ship from the time she was so run on shore, till about eight o'clock in the evening, & the boat made three or four trips so that there was time and opportunity to have saved the valuable goods & effects, if there had been any on board the said snow, but he the Informant was very often in the hold and never saw or observed any boxes or bales on board nor does he believe there were any boxes or bales of goods or any dry goods or other merchandize of value on board the said ship, save the aforesaid salt & cordage, the ships stores, & two puncheons which as he heard contained some Bays and Tarrington Rugs.

And farther saith: That after the said snow was so run on shore, the Informant went on board the said ship the Diana, and continued in her at Placentia during the Fishing Season, and it was the general report there that the said snow the Rope Yard was lost on purpose to defraud the Insurers. And the people there frequently upbraided the Informant & the rest of her crew with the loss of the said snow, & told them they would be put to trouble about it, and that they would be hanged for it when they came to England, but the said James Jones laughed at it and did not seem to mind it.

And lastly saith: That the said Alexander Ley sayd he would give the crew new things in the room of the old ones they had lost, and some of the crew told the Informant that he did give them new things in the room of some old ones they had lost, and as he the Informant went on board the said ship Diana, he was paid his wages for the said voyage.

The mark of: John Adams
Sworn before me: Rob[er]t Chapman

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Definitions:

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

Oyer and Terminer: A commission authorizing a judge to try indictments previously found at the same assizes for treason, felony, or misdemeanors. In old practice 'Oyer' meant Hearing; the hearing a deed read, which a party sued on a bond, etc, might pray or demand, and it was then read to him by the other party.

Gaol Delivery: Under the commission of general gaol delivery, they may try and deliver every prisoner who is in gaol when the judges arrive at the circuit town, whenever or before whomsoever indicted, or for whatsoever crime committed. 

Doctors Commons: A society of lawyers practising civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library. It was also a lower venue for determinations and hearings, short of the society's convening in the Court of the Arches or Admiralty Court, which frequently consisted of judges with other responsibilities and from which further appeal lay. The society used St Benet's, Paul's Wharf as its church.

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

Bays and Tarrington Rugs: Baize – a coarse woollen fabric; Tarrington – a hand-knotted rug.

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