THE trials OF Thomas Shafto, For Felony. Edward Sincleere, For Felony. Richard Ishby, For Felony. Peter Gray, For Felony. And George Bing, for murder. AT THE Marshalsea in Southwark, UPON A COMMISSION OF Oyer and Terminer, and Goal Delivery of the High Court of Admiralty of England; On Saturday the 17th. of December, 1687. ON Saturday the 17th. of December, about Nine in the morning Sir Richard rains, Judge of the Admiralty-Court, came to the Marshalseas, Captain William joins, Marshal of the Admiralty carrying the Silver-Oare out of the Coach, and Richard Selwyn, his Deputy riding before the Coach with a Tipstaff, he was attended by Sir Thomas Pinfold, Dr. Brice, Dr. Oldis, Dr. Littleton, and several Gentlemen and Proctors of the Commons, The Court being sat, & Proclamation made, a large Commission was red in Latin by Mr. Thomas Bedford, the Register; after which Sir Richard rains, made an excellent Speech concerning the duty of Masters of Ships, and the great Trust that is put into their hands, upon the account of their Merchants and Owners; and what damage all Frauds and Felonies at Sea do bring upon all foreign Trade and Commerce; and other matters relating to the business of the day, and giving the Charge. And then came into the Court the Lord Chief Justice Wright, attended with Mr. Justice Allibone, Baron Powel, and Mr. Justice Powel, Sir William Dodson, and several others mentioned in the Commission, and then the Grand Jury were Sworn; who were Thomas Overman Henry Bartlet John Bigsby William Gilby Peter Delanoy John Gerrard Francis Wilkinson William Orwood Henry hawks John Harrison Thomas cook Peter Belvin Thomas Hurlock William Little Thomas Fisher Benjamin Chapman Richard Cheshire Christopher Marshal Francis Made Woodward. After which, the Grand Jury withdrew, and several Witnesses being Sworn, they were sent to them to be Examined, and within a short space the Grand Jury returned and found two Bills, one against Thomas Shafto, Richard Ishby, Peter Gray, and Edward Sincleere, for Felony, and the other against George Bing, for murder. A third which was against Bascon Piercy, for wearing the Kings Jack, being a Merchant Ship, was brought in Ignoramus. Then Thomas Shafto, Richard Ishby, Peter Gray and Edward Sincleere, were brought to the Bar and Arraigned. The Indictment was red, That Thomas Shafto, of New-Castle upon tine, Peter Gray, of the same Place, Richard Ishby, of Stapleton in the County of York, Edward Sincleere, of Sandwich in Orkny, in Scotland, on the 17th. of May, by Force and Arms, on the High-Sea, in a Maritime Place, about seven Leagues distant from Torbay, in the Jurisdiction of the Admiralty of England, in the Ship Exchange of London, 700 weight of Cloves, value 200 l. 40 Holland Cheeses, value 10 l. 300 weight of Nutmegs, value 50 l. 400 weight of Pepper, value 14 l. 50 l. weight of Cinnamon, value 20 l. the Goods of certain Persons unknown, did feloniously take away, &c. Shafto refused to pled, till his Money and Writings were restored to him that were delivered to the Justice, 〈…〉 so did the rest, saying their Moneys 〈…〉 been taken from them, and that 〈…〉 had been seven Months in Prison; M●…ard Ishby had Gold and Silver in 〈…〉 Court, which Justice Reading had i●… Possession: And a Woman coming 〈…〉 Court, and declaring that she had k●… his Child and been at 20 l. Charge 〈…〉 Court ordered that what Money 〈…〉 would Swear she had Expende●, sh●… be paid her, as also all the Charge 〈…〉 the Prison; upon which Richard 〈…〉 pleaded not Guilty, but the other thr●… would not pled; whereupon the C●… told them the danger of standing M●… and that if they would not pled t●… Law took it for granted they 〈…〉 guilty of the Fact: Then the Sent●… for standing Mute, was red to th●… and they were sent back to consid●r●… it. Then George Bing was Arraig●… and the Indictment red; That George Bing, of St. Martin in the Fields, d●… May last, in a Ship called the Ble●… near Surrat Road, with a Cane, 〈…〉 2 s. beat and strike, on the Head, Sh●… ders, Back and Arms, Robert Day, 〈…〉 the Quarter-deck of the said Ship 〈…〉 which sore beating, he was so bru●… that he lay Languishing till the 20●… June, and then Died. To this In●… ment he pleaded not Guilty. Then the Jury were Sworn John Hitchcock Thomas Gressingham John Champnies Richard Speerman Richard Cotton Gabriel Delcy Joseph Ball Thomas Clifford John travail John Platton Thomas Stephen George Roberts. After the Jury were Sworn, the In●… ment against George Bing was again r●… and Mr. Darnel appeared as Counce●… the King, by order from the Att●… ●… eral, but there being little Evidence, 〈…〉 the Chirurgeon declaring, that by ●… er of Bing he opened the said Day ●… ort time after he was Dead, and ●… nd he died of an imposthume upon ●… he Lungs, which could not be done ●… h a small Cane, that part being de●… ded with Ribs; and beside, he de●… ring he found no black Bruises upon 〈…〉, or any external hurt: The Lieuten●… Bing also proving that he sent for 〈…〉 D●●eased to come and stand Centi●…,( as it was his duty) and he sent 〈…〉 word he would not come till he ●… d Dined; and afterward giving him muttering and ill language. Upon the ●… ole the Prisoner was brought in not ●… ilty. Richard Ishby, Peter Gray and Edward ●… clear, were again brought to the Bar, and the Lord Chief Justice promising ●… em they should have Moneys to pay 〈…〉 what they owed in the Prison, and what was necessary for them, Gray and ●… clear upon the Indictment being ●… gain red, pleaded not Guilty, Ishby ●… ving done the same before, and put ●… emselv●s upon their trial. The main Evidence against them, ●… as Moses Porter, Carpenter of the said ●… ip, though six Witnesses were called and Sworn: The said Porter deposed, ●… He being a Confederate with them) ●… at at Amsterdam they took in Cloves, Nutmegs, Pepper, and several other ●… ings aboard, the Ship Exchange of London, Thomas Shafto being Master, about ●… ril last, where the Master signed and ●… elivered Bills of Lading to deliver ●… e said Goods at bourdeaux, and that ●… hey proceeded on their Voyage, and ●… me upon the cost of England, near ●… he Isle of Wight, when the Master told ●… e Seamen he must go up to London for 〈…〉 Pass, that they might be known to ●… elong to England, otherwise if the ●… urks should meet with them, they ●… old take the Ship and Goods; upon ●… hich account the Master was gone ten or twelve days, and then comes on Board with one heartily, to whom he ordered them to deliver 200 of Holland Cheeses: Afterward one Matthews was sent for on Board, who went to Exeter, and found out one Mr. Vicary and Mr. Yard, two tradesman there; who bargained with the Master for several Goods; that the Prisoners at the Bar took the Goods out of the Bales and Casks, and that in Sacks and smaller parcels, they were sent on shore, Edward Sincleere going in the Boat with them, and that some time after two gabs of Money were brought on Board the Ship by the Master, and the Money was divided among them all, in the great cabin; they ordered the Master a third part, but he seeming not contented, there were five broad Pieces of Gold lying upon the Table, which he had over and above his third part; and every one of their shares came to about 47 Pound: Afterward that the Master ordered him to bore three holes in the Ship, intending to sink her, to prevent Discovery, and that there was two foot and a half Water in her, when they went ashore in the Boat, but that he had heard since she was alive, and was taken up by some Fishermen. Mr. Vicary and Mr. Yard were Examined whether Edward Sincleere came along with the Goods with the Master, and they answered in the Affirmative: And the Prisoners had little to say for themselves, but that what they did was by the Masters order, and what money they received was for Wages. Upon the whole Edward Sincleere was brought in Guilty, and Ishby and Gray Acquitted. Then Thomas Shafto was brought again to the Bar, and the Indictment was red to him again, and after much hesitation, he pleaded not Guilty. A third Jury was Sworn. John nichols Thomas Winnicot William Purryer Richard Cannion Joseph Woodward raleigh Veren Robert Curtis John Lucas John bowls Daniel White Robert Dale Thomas Normandy. Then the Prisoner being set to the Bar, the Indictment was again red, and the Witnesses called. Moses Porter, the Carpenter of the Ship, declared again what he had before deposed, and said further, that he believed the Master never intended to go for bourdeaux, where he was consigned, but would that way be revenged of the Hollanders, they having before not paid him some freight that was due to him. Mr. Vicary and Mr. Yard deposed, that they bought of the Master Shafto, who came along with one Matthews, Cinnamon, Cloves, Nutmegs, and for 6 d. in the pound less than they could buy of the Merchant, upon the account of ready Money, they paying down to the Master 250 l. ready Money, and giving him a Bill of Exchange for 129 l. more, to be paid in London at twenty days sight: But that after the Ship was taken up by the Fishermen and they found out the roguery of the business, they sent up to London to stop the Bill, and to pusue the Master and his Confederates. Some of the Masters own Letters were red, one to Porter the Carpenter, to persuade him to go no farther in the business against him, for that he would suffer as well as he. And another Letter to prove the Casting away the Ship upon the account of Bottomry, which was sent to a Broker at Amsterdam, telling him they had lost all at Sea through the bad Weather, and bidding him take care of his Insurance Money, The Prisoner had little to say for himself, but that they were his own Goods which he Sold, and some frivolous Expressions; upon which the Lord Chief Justice summed up the Evidence at large and the Jury went out, and stayed a considerable time, and afterward brought him in guilty of selling of Goods, but were not satisfied as to the Felony; which the Court looked upon to be a strange Verdict: Upon which they were told, that they were 〈…〉 inquire as to the matter of Fact, whether he was guilty of converting and disposing of the Goods of other Men to his own use, or whether they could think in their Consciences( considering all the presumptive circumstances depending) that the Goods were his own. But as to its being Felony,( though they had been sufficiently satisfied as to 〈…〉 yet it did not at all concern them for that was matter of Law altogether●… Then they went out again, and after some stay brought him in Guilty. After which Sir Richard rains, m●de to them a Christian Exhortation, and then pronounced Sentence upon Thomas Shafto and Edward Sincleere ●hat they should be hanged by the Neck till th〈…〉 were dead. And after Proclamation made, the Court adjourned to Doctors-Commons, till the 20th of January n 〈…〉. GOD save the KING. This may be Printed. R.L.S. LONDON: Printed and Sold by George Croom, at the Bi●… Thames-street, neat Baynard's-Castle. 1687