Account of John Lancey,
Late Captain on the Brig ‘Nightingale’.
Written by himself.

Taken from a publication printed for H. Slater in Drury Lane, London, 1754.
56 pages.

Transcribed by David Carter 2022

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

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Transcribers notes about John Lancey:

John Lancey was born in the New Quay area of Appledore in 1726, the son of Samuel & Mary Lancey, an established local family. He worked for the Benson family, becoming an experienced captain and one of Thomas Benson’s most trusted men. At the age of 24 he married Benson’s cousin and had two sons, although with the events related here show that Lancey was never destined to see his second son.

In June 1752, Lancey was invited to an evening’s socialising at Knapp House with some of Benson’s merchants and other friends. After the meal John Lancey was taken down to a summer-house on the estate, where Benson told him of his plan to scuttle his old ship called the Nightingale and claim on the insurance. The old vessel was nearing the end of her working life, and if she met with an ‘accident’ he could claim for both boat and cargo and pay off all his debts.

Initially John Lancey wanted nothing to do with this, but after some arm-twisting and wine-drinking he was forced to relent. Lancey had been ill and unable to work since returning from his last voyage, and Benson told him that he should think of the well-being of his young family who were trying to survive without wages coming in. Eventually Lancey gave in and agreed to take the job of captain.

The Nightingale was prepared for her voyage at Instow quay and then brought to Boathyde 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 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 were acquitted. He 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".

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Genuine Account of the Burning the Nightingale Brig.
Lately belonging to Thomas Benson, Esq; a Member of the last British Parliament.
Written by JOHN LANCEY, the Commander, 
(Now under Sentence of Death) since his Commitment.

Published Word for Word from the Author's Manuscripts. 
Together with True Copies of the Affidavits and Protests of the said John Lancey, John Lloyd, Anthony Metherell, and James Bather, made before a Publick Notary at Biddeford; of Their Petition to the Court of Admiralty to be bailed, with the Resolution of the Admiralty thereon; of Letters to and from the Insurers at Exeter, and from Sinnet, one of the Crew, to Lancey and Lloyd; all tending to explain the Particulars relating to this mysterious Affair.

Being a full Refutation of a spurious and inaccurate Pamphlet lately published.

London. Printed for H. Slater, at the Circulating Library the Corner of Clare Court, Drury Lane, with whom the Original Manuscripts are deposited for the Inspection of the Curious: And may be had at H. Slater, jun. at Holborn Books and by all Booksellers in Town and Country. MDCCLIV [1754].

A GENUINE ACCOUNT, &c

Transactions relating to the late Brigantine, the Nightingale, from the Time of her being transported from Esquire Benson's Quay or Wharf, to the Time of her sustaining an unforeseen Accident by Fire, and on to the Time of my protesting.

To wit, Some Time in April 1752, the Pilot, pursuant to Esquire Benson's Order, delivered by me the Master of the said Vessel; transported her from Esquire Benson's Wharf to Instow Quay in order to be caulked, and to have what was necessary done to her by the Carpenter for a Voyage to Maryland.

She continued at Instow Quay until she was compleated by the Carpenter, and for some Time after, when I received Orders from the said Gentleman to transport her to Boathide in the Port of Biddeford, which was some Time in June following.

When I also received Orders to get the Vessel rigged, the Hold in order for Salt, &c. and to get a Platform made for the Reception of Felons, which were then expected from Exeter Goal.

After the Vessel being rigged, and the Hold, &c. in in Order, took on board a Quantity of Salt, (about Five Hundred Bushels) Water and Provisions of every Kind necessary for a Voyage to Maryland.

We also took on board at Boathide, great Part of her Cargo, meaning Bale Goods, and Goods in Cask, &c. &c.

From thence I received Orders to transport the said Vessel into the Pool in the Port of Barnstaple. A Place where almost every Ship bound Foreign, ride at Anchor to wait for a fair Wind; during our Stay there, which was but short, we took on board the Remainder of our Cargo, Provisions, and every Thing necessary for the Voyage.

And on Tuesday the 28th of July 1752, sailed from thence in order to pursue my intended Voyage to Maryland; but the Wind beginning to blow very hard from the Westward on Thursday about Noon, I anchored in the Road of Lundy, thinking it more advisable, than to bear up for Kingroad, or some Port in the Bristol Channel, which I must have inevitably done. In the said Road of Lundy I continued until Saturday, the Wind still blowing hard from the Westward.

During my Stay there, I am charged with discharging the Cargo; but to the contrary, nothing was discharged directly or indirectly out of the said Vessel, but a Woman Servant, named Ann Stoar; she being a very useful Woman, and one that understands to make Rabbit Nets; and as that Island affords a great Number of Rabbits, I was ordered, if I could conveniently, to call at the Island and leave her.

Saturday, August 1, sailed from thence about Eight o'Clock in the Morning, Wind North North West; I continued to pursue my Voyage, but towards Night but little, and sometimes calm.

Sunday, August 2, Wind came to the Westward, but not so hard as to prevent my carrying all the Sails, but made but little Progress on our Voyage.

Monday, August 3, 1752. The Wind still continued to blow from the Westward, but for the greatest Part of the twenty four Hours, calm and foggy.

About One o'Clock P.M. as I was going down into the Cabbin to take off and work that Day's Journal, I perceived a prodigious Smoak proceed from out of the main Hold: I went immediately on Deck, and to the Place where the Convicts were confined imagining they might have contrived to have had some Fire conveyed them, but they declared they had none, but were almost choaked with Smoak.

I then went immediately and rose the Tarpauling or covering of the main Hatches, and the Flame ascended in my Face: We had then no other Chance for our Lives but to get out our Boat, which we did with the utmost Expedition, but in cutting the Lashings of the Boat, one of the Sailors Unfortunately threw the Axe into his Leg, which rendered him useless. We used all possible Means to extinguish the Fire, but all proved vain and ineffectual, It made such quick Progress; so that we were then obliged to betake ourselves to our Boat, not having Time or Opportunity to take any Kind of Provisions whatsoever for a Support; and not knowing how long we should continue in that melancholy Situation, being at the same Time in the Boat twenty-four Persons.

After being in the Boat about One Hour and half, we were providentially taken up by Capt. George Nicholson, the Charming Nancy of and from Philadelphia, for Dublin. When I came on board, I desired the Captain of the said Vessel to bear down on the Ship on Fire that we might endeavour to extinguish it; having then a greater Number of Men; the Captain very readily agreed to it, and ordered the Man at the Helm to steer for the Ship on Fire; until asking me what she was loaden with, and whether there was any Gunpowder on board or not, I told him there were two small Casks, he immediately ordered his Ship to be kept by the Wind from the Ship on Fire; and also told me he would not bear down on her for Five Thousand Pounds, which was his Expression. Immediately after we saw the Main-mast fall by the Board, and the Ship in one continued Blaze, occasioned by the Gun­powder.

I continued on board the said Ship with my Crew and Convicts, about three or four Hours, when the Endeavour Brigantine, Capt. William Cook, belonging to Clovelly, bound to Millford Haven, came up to us by perceiving the Fire, and hailed the Ship I was then on board, and asked what was the Ship on Fire; the Captain replyed, 'Twas the Nightingale, John Lancey, Master, from Biddeford, bound to Maryland. I, the said Master, well knowing Capt. Cook, desired him to take me and the Crew, &c. on board, which he very readily did; having but little Wind the remaining Part of that Day and Night that we saw the Fire until Two o'Clock the Tuesday Morning, but burnt to the Surface of the Water.

Tuesday, August 4. The Wind came to the Northward, so that we could not obtain Millford Haven without some Difficulty; and having a Number of miserable Wretches on board, and not knowing what I should do with them when I came to Millford, I prevailed on the Captain to carry us to the Road of Clovelly; where we arrived on Wednesday the 5th, about Eight o'Clock in the Morning.

When I agreed with a Man for his Boat, to carry me, Crew, and Convicts into the Port of Barnstaple; where we arrived the same Day about Two o'Clock in the Afternoon.

I thought it was then my Duty to deliver the Convicts to my Merchant Esquire Benson, which I accordingly did; and also acquainted him of the unfortunate Accident that had happened to his Ship, for which he expressed a very great Concern.

Thursday 6. I went with John Lloyd, Mate, Anthony Metherell, second Mate, and James Bather, Boatswain, to Biddeford, to protest before Narcissus Hatherley, Publick Notary; where we were all duly admitted and sworn, and there signed the Protest, which was then about Five o'Clock in the Afternoon.

We had been then in Mr. Hatherley's the Publick Notary's House, about two and a half or three Hours, when he, the said Publick Notary, said in the Hearing of us all, that he could not get it drawn on Stamp that Night, but would in the Morning, and send it to my House; which he accordingly did, and further said, That 'twas necessary we should sign the Stamps, which was done the next Day myself, John Lloyd, Chief, and Anthony Metherell, second Mate; but James Bather the Boatswain did not come in order to sign it, until Saturday the 8th, about Eight o'Clock in the Morning; at which Time I happened to be at Home: Bather told me his Business to my House was, to sign the Protest again, pursuant to Mr. Hatherley the Publick Notary's Order, which accordingly he did; notwithstanding he has since sworn he was drunk the Day he protested, and the next Day recanted (which was Friday) if so, why did he freely and voluntarily on the Saturday above, repeat what he had before done at Biddeford? He also told me, that he was going to Sea in a Vessel belonging to Mess. Chappels, commanded by John Sloley, which would sail soon, and in all Probability he said he might not have an Opportunity of calling, if he had omitted calling then.

As I had no immediate Employ, nor could expect any until the Season of the Year came for sending Ships Abroad; I spent the greatest Part of my Time at Home, and in the Neighbourhood without Molestation: On Wednesday the 26th of August 1752, (a very remarkable Day of bad Weather, by which a great Number of Ships perished in the Bristol Channel, &c.) the Chief Mate, John Lloyd, told me he had been at Torrington, w[h]ere he was informed that Bather was gone, or going to Exeter to lodge an Information against me for the wilful Destruction of the Nightingale.

The Answer I made Lloyd was, that my Innocence was my Protection, and I could not entertain so bad an Opinion of Bather, nor did I believe he was capable of swearing a Thing so foreign from his Knowledge; but I said, if Mankind, would be so villainous (which I then thought impossible) 'twas not in my Power to prevent them, nor would I secrete myself a Minute on the Occasion.

But on Saturday the 29th to my great Surprize, what before I could hardly suggest, I found to be true, as I was coming from Appledore, and going to Northam. About Twelve o'Clock I met Mr. Thomas Nott (a Constable of the Parish of Northam) and with him a Stranger, who I afterwards found to be the Sheriff of Exeter's Bailiff, who asked some necessary Questions on the Occasion, such as my Name, &c. and told me my Boatswain, who - was then at Exon, and had lodged an Information against me for destroying the Brigantine Nightingale, with an Intent to defraud the Insurers; and that he had brought a Warrant, which the Constable then had to execute to apprehend me and the Ship's Crew.

They carried me to the Swan Alehouse in Northam, where I continued until about Five o'Clock; in the mean Time part of the Ship's Crew, on hearing I was detained, came and surrendered themselves to the Bailiff; but on my producing the Protest to Mr. Thomas Lake, Town Clerk of Biddeford, who was commissioned to act for the Prosecutor Mr. G----- C-----d [sic], he even thought it advisable to discharge us all, on seeing Bather jointly in Protest; but by advising with Mr. Knapper the Bailiff, they thought proper to keep me, the Chief Mate, and John Sinnet, (who is now in Newgate) and discharge the rest: That Night the Bailiff suffered me to sleep in my House without any Interruption from him or Order: at the same Time gave the Mate and Sinnet leave each to go to their several Lodgings, and repair to him at the Swan the next Morning, which was complied with, and about Two o'Clock that Day we set out for Exeter, that Night travelled to, and inned at the White Hart at Wembworthy.

The next Morning continued our Journey to Exeter, where we came about Two o'Clock that Day, and put up at the Seven Stars in the Parish of St. Thomas, where we were confined in a Room with a strong Guard over us, and in that Manner were kept until Wednesday the 2nd of September, about Six o'Clock in the Evening, we were severally examined before Justice Beavis and several Gentlemen, (who scarce deserve the Stile) who seemed to be prejudiced in favour of the Prosecutor, by giving their Opinions so partially, (nay, even to condemn us before Judgment) after they thought they had sufficiently examined us, they ordered us to be taken back, and confined to our former Room, with the same Care least we should make our Escape.

During our Stay at the Seven Stars, one of the Prosecutor's Men, named ------ [sic] Bennet, who was one of the Guard over us, declared in Company, that Bather, after he had sworn to the wilful Destruction of the Nightingale, expressed a very great Concern for what he had done, and desired the Prosecutor to be candid with him, in letting him (the said Bather) know, whether the Captain by his Swearing, would receive any Hurt; for, says Bather, he's an honest Man, I would sooner die myself than he should be hurt, and at the same Time the Prosecutor assured him, the Captain should receive no Damage. The Servant of the Prosecutor also said, that when Bather found he was to be sent to Southgate, which is a Gaol for the City of Exeter, he expressed a greater Concern than before, and said, had he known he should have been sent to Gaol, he would not have sworn; for he imagined he was to swear, to receive his Reward, and be secreted, as though he had given Information against prohibited Goods.

Thursday, the 14th of September; about Ten o'Clock, myself, Mate, and John Sinnet, were ordered to the Valiant Soldier (an Inn in the City) there to be examined before the above Justice Beavis, Alderman H----- [sic], and many others as partial; without having one Person to speak in our Vindication to my Character; tho' whatever they thought, (I must do them Justice) for they said they heard I bore a universal good one, for which Saying I returned them Thanks.

We were at the said House examined, and by the partial Judgment, found worthy of being committed, which was accordingly ordered to be wrote: The Justice at the same Time expressed a great Concern for me, but I have been since informed, that the Justice has declared, had he done his Duty by exerting himself in his Office, he could not have committed us on that perjured Man's Oath. After Commitment, myself and Mate were delivered to the Care of the Constables, to be conveyed to the County Goal, which was immediately done, and delivered to the Keeper of the said Goal, whose Name is Edward Manley, by whom we received great Indulgence, as shall be spoken of by and by.

John Sinnet was, from the Valiant Soldier, ordered to St. Thomas's Bridewell, where he was conveyed, and immediately ironed. During his Confinement there, several Persons were sent to him with an Intention to corrupt him by Bribery; but he defied them and even G------ C------ [sic], who came himself to persuade him to corroborate Bather, but to no Purpose; he said he had sworn to the Truth already, by which he would abide, and no Person on Earth, with all their devilish Persuasions, should make him vary.

Whilst I and the Mate were under the Care of Mr. E----- M------ [sic], we were several Times indulged to go in the City of an Evening: Once in particular we were both left by him at a Gentleman's House for about an Hour; so I leave the World to judge, if I or my Mate had been afraid of Justice, whether we would not have embraced so favourable an Opportunity, when we might have made our Escapes without Molestation.

During our Confinement in the County Goal at Exon; and particularly on the 1st Day of October 1752, (what I have spoken pretty brief of in Pages No 12 and 13, concerning the voluntary Declaration of the Prosecutors Sentiments at the Seven Stars) was on the above Day confirmed by two more of the said Prosecutors Servants in Livery.

Some Time in November an Order came from London for the Evidence Bather, and an Habeas Corpus for John Sinnet: They were both carried to London in one Coach, the Intention of which was to bring Sinnet and Bather conversant together, by the Assistance of those who were with them, and I believe commissioned so to do; in great Expectation of bringing Sinnet (by Bribery, Persuasions, or Threats) to corroborate Bather; but all their damned villainous Stratagems had no Influence over him. They in a few Days came to London, when Sinnet was examined before ------ [sic], and committed to Newgate, and Bather was ordered to the Poultry Compter[*]; where I shall leave them until Occasion requires me to treat more at large of them.

About the 4th of December, the Keeper Mr. E----- M------ [sic], told me, he'd received an Order to carry me and the Mate to London; accordingly on the 7th of December in the Morning we sat out for London, with the Keeper, and two Men to guard us; each of the two Men having but one Arm, but were well mounted on two brave Geldings, with a Brace of Pistols each. Myself and Mate begun our Journey in a Post Chaise, we travelled that Night to Axminster, where we met with Mr. Gloucester, (the Keeper of the Gaol wherein Bather was confined at Exeter, who was then returning from London, where he had been with Bather) who told us that Bather several Times on the Road had attempted his Escape; but by the timely Assistance of his Guard, was detected and prevented; and to prevent any more Attempts of that Kind, they put him in Irons, and in that Manner brought him to London; but he said that Sinnet behaved very decent and orderly, during the Time they travelled together.

At Axminster we joined Company with Mr. Magnus Faulkner, a Master of one of his Majesty's Ships of War, with whom we kept Company to London; and will, I make no doubt, if asked, declare to any Person, what Gloucester said concerning Bather and Sinnet, during our Convention at Axminster.

Nothing material happened on our Journey, but sundry Times Mr. Manley would desire me to mount his Gelding, which I frequently embraced. On Sunday the 12th of December we came to London, and inned at the Saracen's Head in Friday Street, where I received greater Indulgence from my Keeper, than any Man could expect Who was charged with so gross a Crime: For, between Tuesday and Saturday, (which was the Day I was examined) I several Times walked the Mall, and was at both Covent Garden and Drury Lane Playhouses; mean Time the Mate was at his Lodgings without any Guard to watch his Motions: I don't mention these Passages with an Intention of ingratiating myself in the favour of any, but to let the World, and that part of Mankind (who will judge me with Impartiality) know, if I had been as guilty as common Report makes me, whether I might not with a great deal of Ease succeeded in my Escape: But my sole Aim was to be brought to Justice, that my Country might know the Injuries I have received from a barbarous savage Set of People, who is daily 
thirsting after innocent Blood.

On Monday the 18th of December we were committed to the Marshalsea Prison, when we (as soon as conveniently could) petitioned the Worshipful Judges, and the Honourable Lords of the High Court of Admiralty, to have a Day appointed for our Trial, to be bailed, or to have such Allowance for a Support, as was customary in such Cases, but without Success.

We were then obliged to endure all the Hardships of a Goal Confinement, which I think few or none are capable of judging, except those who have been or are confined; the only Support we had was what little our Friends were able to remit us, and at the same Time impoverished themselves, by which Means we and they are entirely ruined.

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Examination at London before. Sir Thomas Salisbury and others.

Q) By whom was I shipped, and when.
A) By Thomas Benson, Esq; my Merchant, but cannot be positive to the Day.

Q) What was your Cargo?
A) Bale Goods, ditto in Cask, and several Boxes of cutlery Wares, &c.

Q) When did you sail, and how was the Wind ?
A) On Tuesday the 28th of July last; Wind to the Westward.

Q) When did you get to Lundy, and your Reason for going there?
A) On the Thursday following about Noon; the Wind still to the Westward, and blew strong, prevented my getting there sooner, and thought it more advisable to go there then for Kingroad, or any other Place in the Channel.

Q) What did you put Ann Stoar on the Island for, and by whose Order?
A) As she understood to make Rabbit Nets, and there being a great Plenty of Rabbits on the Island, my Merchant thought her a very useful Woman, and was ordered by him to put her on Shore.

Q) When did you sail from Lundy, and what Time of the Day?
A) Saturday about Eight o'Clock in the Morning, Wind at N.N.W. which was the first Time the Wind invited.

Q) Did you land nothing at Lundy during your Stay there but the Woman?
A) Nothing at all.

Q) When did your Ship take Fire, and how?
A) On Monday the 3d of August last, about One o'Clock, as I was going down to take off that Day's Journal, I perceived a prodigious Smoak proceed from the Hold; I went immediately on Deck, and to the Place where the Convicts were confined; imagining they might have had some Fire conveyed them, but they declared they had none: I then raised the Tarpauling, and the Flame ascended in my Face. We were then obliged to get out our Boat, or must have perished with the Ship, we did our endeavour to extinguish the Fire but to no Purpose.

Q) What Side was your Boat? 
A) The Larboard Side.

Q) I mean to Windward or Leeward ?
A) To Windward.

Q) Is it customary to get a Boat out to Windward?
A) No: But there was but little Wind, and the Ship almost upright, and the Runners and Tackles that Side, that we got her out with as much Ease as we could the other, nor should we have had Time to get her out to Leeward had we tried.

Q) How long was you in your Boat before you got on board the Philadelphia Ship?
A) About an Hour and a Half.

Q) How long was you on board that Ship ?
A) About two or three Hours.

Q) Where did you go then?
A) On board the Endeavour Brigantine, Capt. William Cook, who carried us into the Road of Clovelley.

Q) What became of the Convicts?
A) I agreed with a Man to carry myself, Sailors and them into the Port of Barnstaple, where we came safe on Wednesday.

Q) What became of the Convicts then?
A) I discharged my Duty by delivering them to my Merchant.

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Entirely relating to Bather.

One of the chief Motives that induced Bather to swear so contrary to his Knowledge was, that a Law-Suit depending between him and Richard Pasmore, a Coachman to Esquire Benson, was not accommodated agreeable to his Inclination nor Expectation; and a certain Gentleman of B--ns--p--e [sic], one Mr. M----- R-----, (a sworn Enemy to Mr. B----n) who knew of Bather's being in B--nf--p--e, thought no Time so convenient to put his evil Design in Execution, sent for Bather, and what with his canting Insinuations, Persuasions, and the Promise of a great Reward, such I am sorry to say it, as would purchase many poor ignorant and distressed Seamen; as was the Case with this poor unhappy Fellow Bather; who at that Time could not be supposed to have a Shilling. After this Mr. M------ R------ thought he had wrought sufficiently on him, told him he must go to Exeter, to compleat what he had begun, and there to receive his Reward, but was first to call at B--d---d on one Mr. W----- K-----, who did his possibles with him, and promised him Preferment, and any Station in a Ship he was capable to undertake. By which Means this poor unguarded Fellow, at the Expence of his poor Soul, was brought over to execute so villainous a Design, which must have proved the entire Destruction of many poor Families if he had succeeded.

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Solely concerning Mr. Powe.

Some Time early in December he received a Letter from a Gentleman in London; which Letter advised him, that an Admiralty Order was granted to apprehend and bring him to London, to be examined concerning the late Brigantine Nightingale, John Lancey, Master, and also if he was conscious of his Innocence or Guilt, he would advise him to secrete himself, or honourably wait the Arrival of the Order if innocent: Accordingly on the 20th of December 1752, he was apprehended in his own House, by Mr. Thomas Stone, the Deputy Marshal; at which Time he had himself properly equipped for a Journey to London, where soon he intended to go, had he not been obliged. On the same Day he went to Biddeford with the said Stone, and lay that Night at the Post Office, under a guard of three Men, two of which were sent by the Order of T----- H-----, acting Merchant in the said Town. Next Day set out for Exeter, where they came the same Night, and inned at the White Horse Ale House, where he continued until the 25th, under a strong Guard, and was denied the Use of Pen, Ink or Paper, unless what he wrote was shewn to (Williams) the Prosecutors Attorney. On Monday the 25th of December (with Stone the Marshal, and Thomas Smith) set out for London, when on the Road, Stone, the Marshal, would often enquire into the Merits of the Affair of the Nightingale; which was always denied by Mr. Powe, to enter into any Discourse of that Kind, nor would he answer any Man until examined. Stone would advise him to rely on one Mr. Brown, (from whom he would meet a kind Reception, his Business soon dispatched, and well paid for his Labour) Mr. Powe asked him who this Mr. Brown was; he told him he was an Agent for the Insurers, and a very worthy Man; Mr. Powe told him he knew nothing of the Gentleman, nor should he rely on him nor any other; for were it in any of their Power to make him a Present of the Universe, he would swear nothing contrary to his Knowledge.

Nothing more material happened until they came to Stockbridge; when on Thursday Morning, the 28th of December, at Breakfast, a Gentleman came into the Room where we were, and spoke to Mr. Stone; being a former Acquaintance, Mr. Stone asked him what News in Town, (as he imagined he came from thence) the Gentleman told Mr. Stone, That he had been at the Saracen's Head, in Friday Street, where he was in Company with the Mate of the Ship that was burnt, who had turned Evidence, and that the Master was committed to the Marshalsea Prison: On which Declaration Stone rejoiced greatly, and said to Mr. Powe, What I have often told you is now come to pass; Mr. Powe answered, If so, it's nothing to me: But I still believe to the contrary; in the Afternoon of the same Day we met a Gentleman from London, who was an Acquaintance of Smith the Guard; Smith asked him the News in Town; he said he came from the Saracen's Head, in Friday Street, and while he was in Town, the Master and Mate of the Ship that was burnt were sent to the Marshalsea Prison; which was a Contradiction to what Mr. Stone's Friend had said at Stockbridge; which gave Mr. Powe sufficient Occasion to believe, that what he had said was false (as he afterwards found) and spoken with no other Intention but to intimidate him, and make him a Bather.

On the Friday following they lay at Stone's House at Credon, where they continued until the Monday following, when they set out to pursue their Journey to London, where they arrived the same Day, and put up at the Paul's Head, in Carter Lane: When Smith the Guard was ordered by Stone not to let Mr. Powe have any Letters but what were first sent to him.

On Wednesday Mr. Stone asked Mr. Powe, whether he had any Objection to drinking a Bottle of Wine with some Gentlemen who were concerned in the Nightingale's Policy; the Time and Place for meeting was appointed at the Fountain by the Royal Exchange; when Mr. Stone told Mr. Powe, That the Gentlemen would ask him some Questions relating to the Affair of the Nightingale; Mr. Powe told him as before, He would answer no Person until examined by the Judge, when he would declare all he knew; upon which Answer the Gentlemen did not assemble.

On Friday the 5th of January 1753, Mr. Powe was ordered to Doctor's Commons, where he was examined by the Register, and Brown the Insurers Agent.

On Saturday the 6th was brought to the Marshalsea Prison by Mr. Stone, but without a Commitment, and so remained until the 3d of March following.

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George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith. To the Marshal of our Goal of the Marshalsea, in our County of Surry, greeting.

We command you that by these Presents, you do receive into your Custody from the Marshal of our Admiralty of England, the Body of Thomas Powe, otherwise Poe; charged upon Oath, with counselling, aiding and abetting the wilful and felonious Destruction of the Ship Nightingale (whereof John Lancey was Master) upon the High Sea, and within the Jurisdiction of our Admiralty aforesaid: And him the said Thomas Powe, otherwise Poe, safely and securely keep in our said Goal of the Marshalsea, until he shall by due Course of Law, and the Custom of our Realm, be discharged of the Offence by him committed, at the next Session of Oyer and Terminer[*], and Goal Delivery of the Admiralty of England, to be held before our Justices assigned to deliver that Goal of the Prisoners therein, being for Offences by them committed upon the High Sea, and within the Jurisdiction of our Admiralty aforesaid.

Witness our Justices whose Names are hereunto subscribed, this 3d Day of March, in the Year of our Lord One Thousand Seven Hundred and Fifty-three; and of our Reign the Twenty-sixth.
Tho. Salisbury, 
Geo. Paul, 
Cha. Pinfold, 
Rob. Chapman.
S. Hill, Register.

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George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith. To the Marshal of our Goal of the Marshalsea, in our County of Surry, greeting.

We command you that by Virtue of these Presents, you do receive into your Custody from the Keeper of our County Goal of Devon, the Bodies of John Lancey, Master of the Ship Nightingale, and John Lloyd, Mate of the said Ship; charged upon Oath with Felony, in wilfully destroying the said Ship upon the High Sea, and within the Jurisdiction of our Admiralty of England: And them the said John Lancey and John Lloyd safely and securely keep in our said Goal of the Marshalsea, until they shall by due Course of Law, and the Custom of our Realm, be discharged of the Offences by them committed, at the next Sessions of Oyer and Terminer, and Goal Delivery for the Admiralty of England, to be held before our Justices assigned to deliver that Goal of the Prisoners therein, being for Offences by them committed upon the High Sea, and within the Jurisdiction of our Admiralty aforesaid.

Witness our Justices whose Names are hereunto subscribed, this sixteenth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty-two, and of our Reign the Twenty-sixth.
Tho. Salisbury, 
Geo. Paul, 
Cha. Pinfold, 
Rob. Chapman.
Sam. Hill, Register.

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John Sinnet and Richard Sinnet, both of Northam, in the County of Devon, severally make Oath, That they were Mariners on board of, and belonging to the late Brigantine the Nightingale, on the intended Voyage in the Protest hereunto annext mentioned; and that the said Brigantine was accidentally and inevitably burnt and lost on Monday the third Day of this Instant August, in Manner as is set forth in the said Protest; and that the said Brigantine being so burnt and lost, was not owing to any Sort of Neglect, Design or Misconduct of the Master, or any of the Crew belonging to her, but was entirely accidental, as these Deponents very believe.

John Sinnet, 
Richard Sinnet.

Sworn at Northam, in the County of Devon, the 30th Day of August 1752, before me

James Hillow,

A Master Extraordinary in Chancery. 

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To Mr, John Lloyd in the Marshalsea Prison.
Newgate, Wednesday Five o'Clock, 

Dear Friend,
I This Moment received a Letter from my Wife, and she writes me Word that she saw Mr. Benson last Saturday, and he told her as sure as there is a God in Heaven, that the Gentlemen were all ready to appear as soon as he had an Answer from his Proctor, when there is a Court held, which he expected by the Sunday's Post, which I wish he did, by the Captain's Letter, and I hope by this Time they are on the Road, God send they may.

From your sincere, and hearty Friend,
John Sinnet.

Give my Service to the Captain and Powe; I return him Thanks for his last Favour; all Friends are Well at home.
Pray send an Answer to this.

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To Mr, John Williams, Merchant, at Exon.
Northam, Aug. 9, 1752.

Mr. John Williams,

I Cannot give a more melancholy Account than what hath happened to me in the Nightingale.

On Monday last about 14 Leagues North North East from the Land's End, we perceived a Smoak in the Ship, to the great Surprize of all on board; and immediately went down to see whether we could see it amongst the Convicts; but before I could make any Examination, the Fire was so fierce, that Humanity obliged us to let them loose to save their Lives.

The Ship was immediately so full of Smoak and Fire, that we could not venture down, so we opened the Hatches, when the Blaze ascended in my Face: We used all Means possible to extinguish it, but all proved in vain; so we were obliged to get out our Boat, having that, and no other Chance for our Lives; and had not a Vessel from Philadelphia, Capt. George Nicholson, for Dublin, come to our Assistance, we must have all perished in her, having not above six Inches free Board; nor had we any Time to take any Provisions with us to support us, had the Boat subsisted.

Sir, I am sorry my Wife should be so indiscreet as to send for the Policy; for my own Part, I had much rather it had been continued with you; and upon receiving Advice from you how to proceed in this melancholy Affair, shall remit the Policy with the Inventory of my total Loss.
I am, Your most obedient Servant,
John Lancey

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To Mr. John Williams, Merchant, at Exon.
Northam, Aug. 23, 1752
Sir,
I Have sent you with this Post, the Policy, my Protest, and my Affidavit annexed to the Invoices of my Loss, besides Fifteen 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 this Loss,
John Lancey, Captain

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Captain John Lancey
Exon the 13th, 8 Month called August 1752

I Have received both thy Letters of the 9th Current, and am much surprized to hear of the Accident that happened to thy Vessel; but before I can properly apply to the Under-writer, I must have thy Protest made at thy first landing after the Loss, and the Proof of thy Interest.

As thy Letter giving me Directions to do, the Insurance was dated the 17th of July, and I wrote thee the 18th, that the 130£ was absolutely done here: So I cannot but admire how any Thing came to be done at London. Expecting thy Answer, I remain, Thy Friend,

John Williams,
Captain

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Captain John Lancey.
Exon 27, 8 Month called August 1752.

I Have received all thine with the Protest, Invoice, &c. I am now to desire thee to send me as soon as possible, a Copy of the usual Dispatches for thy Goods from your Custom House, attested by the Officers: Also to have a Sight of the Policy done at London; both which I find will be necessary, therefore desire thee to send them forthwith, and remain, Thy real Friend,

John Williams.

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To Captain John Lancey.
Wednesday Morning.

Dear Captain,

This comes with my Love and Service to you and Mr. Lloyd, and I hope you enjoy your Health, as the Lord make me truly thankful, I am at this Time.

Captain, I am heartily glad you are come to Town, I would have sent you a Letter to Exon, but they told me you was to come away the Monday after; but I found it to the contrary, and am glad you are come at last.

It was about Four o'Clock in the Morning when I left Exon, and when I came in the Coach to take in Bather, he asked me to drink a Glass of Wine, which I had as soon seen the Devil, as have seen him at that Time. But I told him I did not chuse to drink so soon in the Morning, so we came away all that Day, but he seemed to be sorry to see my Irons, but I did not matter that, it was my Desire to wear them: But the next Day he would walk out of the Coach sometimes, but I could not walk for my Irons, and so he would walk several Times: But one Time he was going out again, and Bather seemed to be glad, for he wanted to make Water; but when some of them went out of the Coach, Mr. Glose put his Head and whistled to Bather out of the Coach Door, and Bather did not go out, but pist out of the Door; I could not think the Meaning of it, but I put my Hand to the Coach Door and leaped out, and asked them what they meant by it, for I told them it was not proper: So when I came out, Bather came out to, and my Mind gave me that they wanted to bring me into a Snare; for, I believe it was a Contra# between Glose and him, for he would have us lie together; but I would not, nor did not, and told them if I did lie with any one, it should be in the Chamber with Mr. Brown and his Man, which I did; and when I came to London, Glose would have Bather and I hand-bolted together. But I told them that they should Hand-cuff me, but not with Bather, nor I was not, but lied altogether in one Room.

They seemed to be afraid of Bather, and kept a Man two Nights in the same Chamber, but I was Hand-cufft. Glose would have had us quarrelled several Times, but I had nothing to say to him say what he would; he seems to be sorry for what he hath done, he should not have done it, if he had not been persuaded by Redor of Barnstaple, and some of Biddeford, he hath bought a Coat, and Waistcoat, and Shirt, and says you gave it to him for doing the Thing.

Bather brought a Letter with him from Mr. Coud, to take to one Mr. Brown, Sheriff of this Place; and I saw him take it to him, and opened the Letter, or else it was not sealed; but the Gentleman looked over it, and would have Bather look over something in it; So the Gentleman asked whether he knew what it was, and Bather told him he did: As far as I could learn, there was something in the Letter that Bather was not willing should be known; for the Day before we came in, Bather swore that his Pocket was picked, and that Glose had taken a Copy of the Letter, and swore he would burn the Letter, for it would hurt him, and would give Glose a Note for something, but what it was I could not tell: Insomuch that Glose told him, if he would sware that, he would sware any Thing.

And Bather two Days before we came in, they hand-cufft him, for they thought he had a Mind to get off, for in the Evening he Changed his Cloaths before he went to Bed.

Two Days after I got here, I Was examined at the Judge of the Admiralty's Chamber by a thin Gentleman, who asked me, Whether I belonged to the Nightingale? I told him I did. And who shipped me? I told him the Captain. And what I had a Month? I told him Eighteen Shillings as a Cook: And where I went on board? I told him in the Pool, and went over the Bar the 28th of July. And what was the Reason we went to Lundy? I told him the Wind was against us, and I heard the People say, they Would rather go there, than they would go for Kingroad, and tarried there two Days, and then went away again. He asked me whether we did not take in a Bullock there? I told him that there was about a Maund of Beef the Captain brought a board with him: And how many Times the Captain was on Shore? I told him twice; and whether the Mate was on Shore? I told him, No: And what was the Reason we left the Woman there? I told him she could make Nets, and Mr. Marshall had her on Shore; And what Powe did there? I told him for his Health or Pleasure, or what it was I could not tell. And whether I knew what Number was on the Goods? I could not tell, and on Saturday Morning went away again: And what the People was called on the Island? I could not tell: And asked me about the Winds, but I told him I never was at Sea before, and I could not tell: And asked me how the Fire happened; I told him in the best Manner I could: And whether I saved any Thing; I told him a Shirt and a Pair of Stockings.

I told him all the Truth in the best Manner I could; he asked me, Whether I saw Mr. Benson after we went over the Bar? And I told him we did not: And what I did after I came home again, whether I went to my Trade? I told him, No; for I looked after the Transports some Time after I came home, and so much a Week till the Time I was taken up; I told him they did not take me up, for I went freely to them.

John Sinnet.

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This is the Protest mentioned in the Affidavit, Page 31.

I Narcissus Hatherly, of Biddeford, in the County of Devon, Publick Notary, duly admitted and sworn: Do hereby certify all Persons whom it may concern, That on the Sixth Day of August in the Year of our Lord One Thousand Seven Hundred and Fifty-two; and in the twenty-sixth Year of the Reign of his Majesty King George the Second. Came and personally appeared before the said Notary, John Lancey, Master, John Lloyd, Mate, Anthony Metherell, Second Mate, and James Bather, Boatswain of the Brigantine Nightingale, Burthen eighty Tons or thereabouts, belonging to Thomas Benson, Esq; of Northam, in the County of Devon, Merchant; who did freely and voluntarily on their respective corporal Oaths, taken upon the holy Evangelists; protest and declare before me the said Notary, that they sailed in the said Brigantine from the Port of Barnstaple, on the twenty-eighth Day of July last; loaden with Bale Goods, besides fifteen Convicts sentenced for Transportation, viz, Twelve Men and three Women, bound for Maryland; and the next Day the Wind began to blow very hard at West, so that they could not make any Way to the Westward.

On Thursday the 30th of last Month; they thought it most advisable to come to an Anchor in Lundy Road, (rather than bear up for Ringroad, or some other Harbour in the Bristol Channel) that they lay in Lundy Road till Saturday Morning the first Instant, when they weighed Anchor, and set sail in order to pursue their intended Voyage, having the Wind then at North North West.

That the next Morning (being Sunday) the Wind came about to the Westward, so that they could make but little Progress.

And on Monday last, being the third Instant, about One o'Clock in the Afternoon, being then, according to their reckoning, about eighteen Leagues to the Westward of Lundy Isle; to the very great Surprize and Astonishment of all on board, it was observed by the Master, that a Smoak suddenly issued aft from the Hold, whereupon the Master immediately ran forwards to the Place where the said Convicts were consined, imagining they might have contrived to have had some Fire to have been conveyed them; and upon lifting up the main Hatches, the Fire ascended with great Vehemence in the Master's Face; whereupon they used their utmost Endeavours to extinguish the Flames, but all proving vain and ineffectual, they then immediately got out their Boat, and every one on board betook themselves to it, or they must all have inevitably perished with the Ship.

That having been at Sea in the Boat about an Hour and a Half, they were providentially observed by a Brigantine, called the Charming Nancy, George Nicholson, Master, of and from Philadelphia, bound for Dublin; who seeing their Ship on Fire, and well knowing the extreme Danger and Distress they must be in, very compassionately came to their Assistance, and took them on board him from their Boat wherein they then were; which must needs have sunk in a very small Time, being so very much overloaden by so great a Number as the whole Ships Crew, and the said fifteen Convicts, in the whole twenty-four Persons: Or else if they could have had the good Fortune to have kept their Boat any Time above Water, they must have perished for Want, having had no Time or Opportunity from the quick Progress the Fire made, to take out any Provisions, or save any Thing from their Ship, excepting a few Sea Cloaths (of little or no Value) then on their Backs.

That about four Hours after they had been so taken on board by the said George Nicholson, there accidentally came up to them, the Endeavour Brigantine, from Clovelly, William Cook, Master, and took them all on board his said Vessel, who carried them into the Road of Clovelly; from whence they were by a Fishing Boat of that Place, brought in over the Bar at Barnstaple, and landed safe within that Port.

On Wednesday last, about Two o'Clock in the Afternoon, of all which the said Master, Mates, and Boatswain, have made this their Protest; and they do hereby solemnly on Oath protest and declare, that the said Ship Nightingale's so taking Fire, was purely accidental and casual, and proceeded entirely from some unforeseen Accident or Cause, which was not in their Power to hinder or prevent; and not from any 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.

In Testimony of the Truth whereof, the said Master, Mates, and Boatswain, did thereunto severally set their Hands, the Day and Year first above written.

Memorandum. That Francis Shaxton, another of the Mariners belonging to the said Brigantine Nightingale, came afterwards also before me the said Notary, and voluntarily made Oath to the Truth of the above Protest.

Dated under my Hand and Seal of my Office at Biddeford aforesaid, this second Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty-two.

Nar[cissus]. Hatherly, Publick Notary.

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To Captain John Lancey in the Marshalsea Prison.

Dear Captain,

I Hope these Lines will find you well with your Friend, as I thank God I am at this Time; but under Trouble and Vex[a]tion, fearing we shan't get Bail to their liking.

I was sent for in the Lodge Yesterday by the Ordinary of Newgate again, he was desired by Brown to come, I can't think what they would have of me. I have declared what I knew of the Affair before I came to Newgate, and I can say no more if they kill me out of the Way. He saith that there were Goods found on Lundy, so there might for ought I know, but none I will swear that ever came out of the Nightingale. There might, for ought I know, be Goods found, what is that to me! If the Ordinary was to come again, he should come to me next Time. I suppose they want to put a Stop to the Bail, if they can, for I can't think the Reason they should be upon me so; I wonder they don't come to you as well as me.

Captain, I received yours with mine inclosed, you write me Word that our Friend is getting the Bail Bonds filled up by a Gentleman in the Country, I thought they should have been present, and I believe they must, or else we shan't be bailed.

Dear Captain, I must desire you or Mr. Powe, to send me a little Money, for mine is gone, and Darby Fair is next Tuesday, so that then there is always a Shilling a-piece spent; so I beg you will not fail.

Mr. Billew gave me Directions to send to him, I have sent, but I believe the Letter never went: And if I should send a Messenger, I fear I should not find him at home.

I believe I have satisfied the Ordinary, so that he will trouble himself no more about the Affair, for, if he does, I can't resolve him; so that he may as well keep from me as to come. He tells me our Friend is not worth a Groat, but I wish I had all above.

Dear Sir, I must desire you not to fail sending by the Bearer, and write me Word what you think of our being bailed, and when it will be.

I am, Your Sincere Friend,
John Sinnet.
Newgate, Friday 
Night Six o'clock.

Please to send what you can.

I have looked hard to Day for a Letter, but have none, I can't think the Reason: My Heart is ready to break to think we shall not be bailed; but I hope to God we shall; I hear that Dr. Paul spoke much for us in Court.

I beg you will write me Word what you hear from home, and how it is.

Remember me to Mr. Lloyd.

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To Mr. John Lancey in the Marshalsea Prison.
July 9, 1753

Sir, 
I Was this Day sent for in the Lodge by the Ordinary of Newgate, concerning our Affair, but I could give him no Satisfaction of Things I knew nothing of. He tells me it is over with Mr. Benson, so how it is I can't tell: He was desired by Brown, the Attorney, to come to him; but he was to blame he had not come himself, and then he might have given him his Answer. He asked me whether I was willing to be admitted to bail? I said I was; but he said, Suppose they require Bail we can't get? for Mr. Benson's Bail, he said, would not do. I thought the Ordinary of Newgate, had been a more honest Gentleman, than to concern himself in such an Affair; but I suppose they thought if I had known any Thing of it, that he was a Man to frighten me; but I thank God, him, nor a greater Gentleman, I am not afraid of; for I will, and have spoke the Truth, and what would they have of me.

The Ordinary says, Where will I get Bail? I said to him, I believe to bail one would bail all; so I believe that I shall not be bailed: But I hope God will raise a Friend for me. I should be glad if you would write a Line or two when you receive this.

I sent Mr. Bellew a Letter three Days ago, but I have received no Answer: I should be glad when you see him, to tell him I want to speak with him; for I shall want Cash in a short Time; I have but One Shilling in the World, but I hope our Time is not long.

I am, Your true Friend
John Sinnet

Excuse Haste. The Lady's Name is Poll Cogdal!.

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To the Worshipful Sir Thomas Salisbury, Knt. and the other Judges of his Majesty's High Court of Admiralty.

The Petition of John Lancey, Master of the Ship, late the Nightingale; Thomas Powe, Merchant, in Appledore; John Lloyd, Mate of the said Ship; and John Sinnet, Mariner, belonging to the same.

That your Petitioners have, upon the Oath of one Bather, who has owned himself perjured in the Case of the said Ship, suffered a long and severe Imprisonment, to the almost utter Ruin of themselves and their numerous Families, who depend solely upon the Labour of your Petitioners for their daily Bread.

That your Petitioners have applyed, but without Success, to this Court, in order to be bailed; and to the High Court of Admiralty in order to have a Day appointed for their Trial, but have not yet been able to succeed therein.

That your Petitioners have done all they can to remove every Impediment that can possibly lie in the Way of their Prosecutors, for their coming to a Trial; but that the Design of their Prosecutors by their long and severe Imprisonment, is to endeavour to make them become Evidences against one another, which they cannot do without being guilty of the most atrocious Perjury.

May it therefore please your Worships, to extend the Justice and Compassion of this Court, to your Petitioners, and their suffering innocent Families, by admitting them to a speedy and a fair Trial, by the Law of their Country; and thereby delivering them from an Imprisonment, which, in many Respects, is worse than Death itself.

Resolutions of the Court of Admiralty.

Oyer and Terminer. Third Session of Trinity Term, July 3, 1753.
Sir Tho. Salisbury, 
Dr. Sympson,
Dr. Collier,
Dr. Ducarrell.

Dr. Hay and Dr. Smallbrook in behalf of John Lancey, Thomas Powe, John Lloyd, and John Sinnet, moved, That a Session might be held, and their Clients tried for the Causes with which they are charged, or that they may be bailed or discharged.

The Commissioners having heard Council, directed that John Lancey, be admitted to bail in One Thousand Pound, and two Sureties in Five Hundred Pounds each: That John Lloyd be admitted to bail in Five Hundred Pounds, with two Sureties in Two Hundred and Fifty Pounds each; and that Thomas Powe be admitted to bail in One Thousand Pounds, and two Sureties in Two Hundred and Fifty Pounds each; and that Notice be given of the Surety to the Prosecutors Attorney, and that the bail be reported.

Adjourned to the 10th of July.

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Notes:

* Oyer and terminer: In English law, Oyer and Terminer was the Law French name for one of the commissions by which a judge of assize sat. The commission was also known by the Law Latin name audiendo et terminando, and the Old English-derived term soc and sac.

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

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