NGB Logo

PAGE 64:

61

 

by the manner in which they have been supply’d ever since last spring was twelve months, Sir you will please to know that the planters their wives or children have rec’d no provisions for their own support for the time aforesaid no more than what is usual and customary for as many servants as they are obliged to keep to carry on the fishery, and that this provision is & has been delivered only into those servants hands, without any regard to the planters or families which obliged them to distress themselves and sell their little stock and cattle and those that had not cattle were obliged to sell their boats and fishing craft to strive to bring their family up or maintain, Mr WELSH who had provisions enough to supply them could not do it he being bound by a bond of £500, not to supply them or any planters or boatkeepers belonging to Mr TURNERs employ which render’d their case more hard for the only way they contriv’d to save their lives was to get others to take up provisions as much as they could purchase as Mr WELSH aforesaid would not give any supply to them or to any belonging to them for their use, Sir you will please to know likewise that we were last year obliged by Order of His Excellency Gov’r GRAVES to find the men in provisions untill (sic) their time of service was expir’d which Mr ARROWSMITH then and still Mr  TURNERs agent did not properly comply with for he would not give the

 

PAGE 65:

62

the Fisherman what was sufficient for them to go to the Cape St. Mary’s to catch fish by which neglect of Supply our Boats lay on shore and we verily believe and can prove that we lost above 100 Quintals of fish to each boat by the above Neglect which several other boats crews that were at sea in the Neighbourhood can Justify this Mr. ARROWSMITH has likewise taken from us all the Perquisites which Boatkeepers had and now has in other Employs this Mr. ARROWSMITH aforesaid put us to a farther distress last Winter by advising us to ship 5 hands for each boat and we should have sufficient supply for them he then s’d ARROWSMITH distress’d us again in the Middle of last Winter past until we were obliged to apply to Justice and after all these distresses one of the Servants in said ARROWSMITHs house have told us and will prove that he had provisions in Mr. ARROWSMITHs Stores which he Concealed Sir it is Most humbly hoped that you will please in Justice to Consider our Case And if in your pleasure Seem Meet to free us from this Misery as he is now going to take all our Fish and oil and we don’t find that there is Any supplies in the Stores Sufficient for the Winter. Sir We again beg that you will remedy our threatning (sic) distress & we beg leave to Subscribe ourselves Your humble petitioners –

 

(signed) John HADDOCK

(signed) Bryan FITZPATRICK

(signed) John CORBIN

(signed) Rob’t WELSH

(signed) Rob’t KEATING

(signed) James CRAWLEY

(signed) Thomas LAMB

Register’d this 4th Oct’r per

James JOHNSTON

a Copy

 

PAGE 66:

63

 

A Copy of Agreements acknowledged to have been in full force for this last year, 1763 by Mr. Jonathan ARROWSMITH.

 

Agreed this day by and between Mr. Simon HONEYBURN in Behalf of Mr. William TURNER and the underwritten People to say the Said HONEYBURN supply them fully with Necessaries to Carry on the Ensuing Voyage on the following Prices Viz… Bread & Flour at twenty shilling’s except when purchased here to be at 22 P per Hundred

 

Butter, Cordage and Nails at Seven Pence per pound

Pork… three pounds ten shillings per Barrel

Spanish Salt… Sixteen shillings per Hhd

Pease… Four pounds ten shillings per Hhd

Soap & Candles… Eight pence per lb

Rum… Four Shill’s & Six pence per Gallon

Molasses… Four shillings per Gallon

Tobacco… Nine pence per lb

Shallops Iron Work… Ten shillings per Sett

Shallops Canvas… Three pound ten shillings per piece

St. Peters lines… Ten shillings per Doz’n

Boots… Twenty five shillings per Pair

Shoes… Seven shillings per D’o [ditto]

Worsted Hose… Six shillings per D’o [ditto]

Turn Over

 

PAGE 67:

64

            Dowlass shirts————————————————seven shillings each

            Cotton Do ——————————————————————Ten Do

            Shaggy Breeches————————————Fourteen Shillings pr pair

            Pitch and Tar ————————————Twenty five shillings pr barrell

            Leather ———————————————————Three shillings pr lb

            Shott ————————————————-Thirty six shillings pr Hundd

            Powder ————————————————————two shillings pr lb

            Lead ——————————————————————four pence pr lb

            Sweet Oil——————————————————Six shillings pr gallon

            Twine———————————————-two shills and sixpence pr Rand

            Nets ————————————————————-Forty shillings each

            Guns wt 2 locks——————————————three pound ten shills each

            Hatchetts——————————————————— three shillings each

            Hooks ——————————————————-twelve shillings pr hun’d

            Axes —————————————————————-six shillings each

            half Axes ——————————————————————-Five Do

            Beef ————————————————————Five Pound pr tierce

 

In consideration of which supplies the said under Written People is to Deliver the said HONEYBURN or his assigns with the whole produce of the said Ensuing Voyage to say fish at thirteen shillings pr Quintal  and Oil at fifteen pound pr

 

PAGE 68:

65

pr Ton in Witness whereof we have hereunto interchangeably set our hands in Little Placentia this 22d day of Octo’r, 1760

 

NB the said Mr. HONEYBURN to allow each and every the Sundry persons within Named fifteen pr Cent on all slops supplied their Men and after the Discharge of their Respective Debts to Receive One third part bill for the Remainder if required.   

 

 (signed) Simon HONEYBURN

 

Testif’d Anthony COMING

 

This agreement is to stand as last year only the Brandy and Rum to be at 4 shillings pr gallon  Witness my hand L’l Placentia the 8th Oc’tr 1761

 

(signed) Simon HONEYBURN

Witness Present:

James PAGE                                       

Wm SIMMONDS

 

(signed) Jonathan ARROWSMITH

           

The Planters of Little Placentia in the employ of Mr TURNER of Pool (sic) having presented the foregoing Petition praying Relief against Jonathan ARROWSMITH his agent and the matter of it considered and all parties heard on the same it appeared to the Court that the said ARROWSMITH had not performed his contract with the said Planters, Order’d that the said petitioners should retain in their hands a sufficient Quantity of their Fish for purchasing their Winters supplies or that the said ARROWSMITH should in case of failure of the supplying them on his side

 

PAGE 69:

66

Side Authorize Mr. Rich’d WELSH of Placentia to furnish them after the first of Nov’r next with a Sufficient Quantity of Provisions According to the Custom of Newfoundland to secure them from starving during the Next ensuing Winter which latter expedient the s’d ARROWSMITH did Make choice of and gave Accordingly the following Order to Mr. WELSH, which was accepted of in the presence of the Court by the s’d Mr. Rich’d WELSH.

 

Mr. Welsh                                              Placentia Oct’r 4th 1763

 

I desire you will furnish a proper Winters supply of Provisions and Necessaries for Mess’rs Jn’o MADDOCK, Bryan FITZPATRICK, Jn’o CORBIN, Rob’t WELSH, Rob’t KEATING, James CRAWLEY, and Tho’s LAMB of Little Placentia for their Wives and Children and four servants.

 

Each excepting Ja’s CRAWLEY who is to Keep three Servants only and place the same to my Acc’t in case I do not myself supply the above persons

 

On or before the first day of November Next any former agreement bond or Obligation to the Contrary Notwithstanding

 

(signed) Jonathan ARROWSMITH

To

Mr Rich’d WELSH

Merchant in Placentia

 

Accepted by me

Rich’d WELSH

Registered p’r James JOHNSTON

(A Copy)

 

PAGE 70:

67

By Charles DOUGLAS Esq’r &c &c &c

 

Whereas it has been represented to me that the people who Keep Publick (sic) houses by license sell liquor on Sundays which is Contrary to law and as it has likewise been represented that people who are not licenced take upon them to sell liquor which is not only Contrary to law but prejudicial to the housekeepers who are Regularly licensed.

 

You are therefore hereby required and directed to use your utmost endeavours to prevent such iniquitous proceedings and to punish with the utmost Severity of the law all such persons who shall attempt to sell liquor on the Lords day and to use all Possible means in your power to discourage Drunkenness and Profaneness as the good Government and welfare of this Island greatly Depends thereon And the more effectually to prevent the licensed Houses from selling liquor on the Lords day the people shall not be liable to pay for the same nor for any liquor that is sold in Unlicensed houses And that not any person may Plead ignorance you are to Cause Copies hereof to be fixed up in the most Publick (sic) places within these districts

 

Given under my hand at Placentia 5th Oct 1763

 

(signed) Charles DOUGLAS

To

At his Majestys Justices of the Peace within the District of Placentia Court adjourn’d till next day

(A Copy)

 

PAGE 71:

68

 

October 5th 1763 the court continued

 

Ja’s BUTLER, Rich’d STEELMAN, Tho’s KENNEDY, Rich’d SPRAGG and Christ’r SAINT CROIX produced their licence for keeping Publick (sic) houses And nothing being objected to their characters they had the same renewed for one year longer from this date. A licence for selling liquor was likewise granted to William COLLINS.

 

By Charles DOUGLAS Esq’r &c &c &c

 

Whereas William DYATT has applied to me for a grant of a piece of ground which he has cleared and been in possession of for eight years and is situated under the lookout on the left hand side going into the harbor of Placentia and as it has been publickly (sic) advertised to know and if there was any person who had claim to the said ground and if there was not any appearing. I do by virtue of the Power & Authority to me given Grant unto the William DYATT his heirs, executors, administrators and assigns forever all that piece of ground above mentioned which is said to be thirty feet in breadth and eighty feet in length and to enjoy the peaceable & quiet possession of the same without the least hindrance or Molestation and all and every person are hereby forbid to give any disturbance therein as they shall answer the Contrary Given under my hand seal at Placentia this 5th of Oct 1763

 

(signed) Cha’s DOUGLAS

(seal)

(A Copy)

 

PAGE 72:

 

69

 

By Charles DOUGLAS Esq’r &c &c &c

 

Whereas Martin MORRIS has applied to me for a grant of a piece of ground which he has cleared and been in possession of for Nine years and is Situated on the right hand side going into Great Paradise harbor lying between the plantation of Barth’w SULLIVAN and Dan’l DELANY and fronting Mr. Adams’s Island I do therefore by Virtue of the power and Authority to me given grant unto the said Martin MORRIS his heirs, Executors administrators and assigns forever (providing always that it shall not appear heretofore that a prior grant for the same has been given) all that piece of ground which is said to be about three hundred feet in length and One hundred eighty feet in breadth and to enjoy the peaceable and quiet possession of the same without the least hindrance or Molestation and all and every person are hereby forbid to give him any Disturbance therein As they shall the Contrary ---- Given under my hand seal at Placentia this 5th October 1763

 

(signed) Cha’s DOUGLAS (seal)

(A copy)

 

PAGE 73:

By Charles DOUGLAS Esq. &c &c &c

Application having been made unto me by Robert EDGECUMBE Esquire Justice of the Peace for the District of Placentia that a tax for support of the poor, building of stocks for the punishment of Drunkenness or any other Crimes and for Repairing of the Jail which is greatly wanted and it appearing unto me that there is not any fund for the foresaid purposes, I do hereby Order that the following taxes may be levied within the district of Placentia Collected by and paid into the hands of the said Robert EDGECUMBE Esq’r Viz, that those who keep a fishing boat or boats shall pay three shillings for each of them and two shillings for each servant which two shillings the servants are to be charged with by their masters the tax to continue for One year only from this date ————   the business being finished the Court Adjourned Until Next summons

                                                                            (signed) Chas DOUGLAS

 

Placentia 13th Sept

 

Court Held by Chas SAXTON Esq Capt’n of his Majesty’s Ship Pearl &c &c &c

 

Received a complaint from Mr CHANT which was Dismissed for Want of Evidence -

 

14th A court called —- No Complaints

 

At a Court held this 17th Sept 1764 The Decree of Governor PALLISER  dated the 4th of July last and hereunto Annexed is hereby

                                       

PAGE 74:

                                                                            71

hereby confirmed and is as under

 

On hearing the complaint of Timothy MURPHY  against Mr Rich’d WELSH and examining both party’s it is the opinion of Gov. PALLISER, that Mr Rich’d WELSH should pay MURPHY as a fine for transgressing the law by striking him the sum of ten Pounds, And so small a penalty is fixed on consideration of the Complainants Practices on himself to make the damage from the blow prove greater than otherways it possibly could have been And that the sentence and decree be confirmed the next sessions and be Recorded Accordingly

 

(Signed) Hugh PALLISER 14th July 1764

 

And then the Court was adjourned to Wednesday the 19th Instant At the Court held 19th Sept 1764 Mr Elisha ROLAND of Point Verd[e] Claims in the town of Placentia a peice (sic) of ground which appears to have been by his Ancestors Leased to the Crown from the 23rd of November 1745 at £30 Pr Annum Rent on which is built an Office for the use of His Majesty’s officers of Ordnance the storekeeper of which for several years together pay’d Rent for the same as it became due to the said Mr ROLAND but the Payment of the Rent having been refused and discontinued by his Majesty’s succeeding storekeepers And the lease or agreement thrown out of the said office where it has

 

 

PAGE 75:

72

has been lodged without any reason appearing to have been given for such transaction And the store keepers successors to him who was guilty of this proceeding urged this seeming arbitary discontinuence of their predecessor as a justification for their persisting in refusing to pay the same -- Mr ROLAND appearing in Court proving his title testified by several of the oldest & most respectable livers in the place providing the lease agreement with the crown for the same and demanding to be pay'd (sic) his arrears of rent and that the validity of the Agreement or lease be set up again and confirmed or to be put in possession of his inheritance, the claim having been duly consider'd, the titles examined into and the land in question measured it is adjudged that he be payd (sic) his Arrears accordingly and put in full possession of his right unless the leasse (sic) or agreement with the crown be duly acknowledged and the Rent as well as all the Arrears of Rent be duly payed (sic) And the court adjourned to the 20th

 

Court held 20th September 1764

 

Mich’l BRAZILs Affidavit taken and sworn in Court As follows Viz Michael

 

PAGE 76:

73

Mich’l BRAZIL Mariner maketh oath that he was a sailor on board the Brig Neptune of which Rich’d KAVANAGH was then Master in the year 1760 when she took in a cargoe (sic) of fish at Placentia Nfdland (sic) bound for Bilboa, that in her passage thither part of the cargoe (sic) was thrown overboard for the ease and preservation of the Vessel and that the fish which was thrown overboard was not entirely the property of the Merchant who charter'd the said vessel but part of a private venture or trade, clandestinely taken & Rec’d on board by the said Master and stowed on the top of the ships cargoe (sic) And this Deponent farther maketh Oath that to the best of this Deponents knowledge and belief the greatest quantity so thrown overboard did not exceed fifty Quintals

 

The sign of Michael (x) BRAZIL

 

Sworn at General Court of Sessions held at Placentia this 20th day of Sept before us

 

 (Signed) Charles SAXTON

 (Signed) Robert EDGECUMBE

 

The complaint of Stephen WHITE requiring his wages from James CRAWLEY of Little Placentia, tho (sic) taken ill and uncapable (sic) of service for the greatest part of the time he was shipped for was heard and Determined that James CRAWLEY shall pay his said servants wages according to his agreement and he is hereby orderd (sic) to pay him accordingly

 

PAGE 77:

74

 

Whereas John HARRINGTON of St. Lawrence Planter has apply’d to me for a grant of a Piece of Ground which he has Cleared and is now in Possession of at St. Lawrence aforesaid Containing North and by West two hundred yards and south and by East Seventy yards or thereabout. I do therefore by Virtue of the power and Authority to me given Grant unto the said John HARRINGTON his heirs and assigns for ever (if no Prior grant shall appear) all that said Peice (sic) of ground in St. Lawrence aforesaid Consisting of the number of yards as is before expressed in his Quiet & Peaceable Possession without the let, hindrance, molestation or denial of any Person whatsoever. And all Persons are hereby strictly forbid from giving him any Disturbance in the Peaceable Possession of the same as they Will answer the Contrary at their perils Given under my hand & Seal at Placentia this 21st day of Sept. in the year of our Lord 1764.

(signed) Cha’s SAXTON

 

At a Court held the 21st Sept 1764

Several of the Planters of Little Placentia declaring themselves agreived (sic) by Mr. Jonathan ARROWSMITH agent to Messrs. JOLIFF and Company of Poole, For that in the year 1762, he did put upon the collar, knock up or lay an embargo upon several of the said Planters. Boats or shallops, for the

 

PAGE 78:

75

 

the greatest part of that season and urging for reason that he would not or Could not supply the said Planters as usual on Account of the exigences(sic) of the War. But these reasons not appearing to be well founded and are Contradicted by other transactions of the said agent whom it was proved last year in Court might have been furnished with every Commodity wanted and who likewise at the time that he said this embargo on these Boats did establish, Supply, furnish and set up new Planters to the greivance (sic) of the Complainants, the Planters appearing and proving their Damages to be about 100 Quintals of fish per Boat the circumstances minutely entered into and consider’d, the Probability of the agent suffering in part by the Publick (sic) Calamity of War makes it seem meet & just that he should not entirely bear the weight of such unavoidable accidents but that the Parties should divide and share the losses sustained by Publick (sic) Calamity. It is therefore adjudged that the Planters be given credit for only for 50 Quintals of fish each and the same be allowed in their New bills or growing Account and not deducted out of any former or old Account the said former accounts being disputed and denied.

 

The Body of Planters of Little Placentia Complaining of the badness of their Provisions. Particularly Pork and Butter supply’d them by their Merchants Messrs. JOLIFF and Company of Pool (sic) And

 

Page 79:                                           

                                                                           76

 

And praying relief from the same, Complainant being acknowledged to be just by the agent of the said Company it is therefore ordered in Court that a deduction of 5's/p'r Barrell of Pork and one penny p'r pound of Butter be made from all such pork and butter Issued or to be Issued to the Planters of the said Present year--- and the Court was adjourned to Monday the 24 Ins't.

 

                                                      Court held this 24th Instant

 

James RYAN Fisherman Complains of his having been Curtailed four pounds Bill and seven pounds truck of his wages which he was to have Rec'd by his agreement with Robert KEATING but it is appearing that the agent for the said merchant had taken the complainant from said KEATING. It is ordered that Jonathan ARROWSMITH the present agent shall make good such part of said RYAN's wages as on acct shall appear as unpaid.

 

Timothy BRIAN complained that a note of hand for two Pounds and ten shillings due to the Complainant from James CRAWLEY deceased is due and unpayed (sic) and James CORCRAN having married the widow of the said Ja's CRAWLEY it is ordered that the said James CORCRAN do pay the said note---.

 

When the Court Adjourned to the morrow at ten of the Clock in the forenoon.

 

Page 80:

77

 

                                               At the Court held the 25th Sept. 1764

 

Licence for selling Liquor was granted to George BLANCH of Little Placentia for one year from the 1st  of October next.

 

Licence Renewed to Rich'd SPRAGG, Sam GOODALL, John MURPHY, James BUTLER, Rich'd STEDMAN and Christopher St CROIX.

 

The Complaint of Ja's WELSH was rec'd but the most material witness being wanting, the same was adjourn'd to the 26th At ten of the clock in the forenoon to which time the Court was adjourned Accordingly.

 

Court opened the 26th

 

and no one appearing was adjourned to thursday 27th at ten in the forenoon.

 

At the Court held this 27th. Sep't /64

 

Mich'l BALDWIN was Received setting forth that he was ship'd to Edward KEATING and served him according to agreement but that his wages still remains unsatisfied----. The matter of the said complaint being duly weighed and maturely consider'd the Court is of opinion that Mess'rs WELSH and SPRATT having Jointly rec'd the produce of the Voyage made themselves thereby natural security for the payment of the wages but it being likewise alleged that the said KEATING had been fully accounted with and satisfied by the said Sam'l SPRATT and Rich'd WELSH. You therefore the said Rich'd WELSH and Sam'l SPRATT are ordered and required Authorized and impower’d (sic)to detain so much

 

PAGE 81:

78

Much of the said KEATING’s Wages in your or either of your hands for paying and satisfying the said BALDWIN’s Wages as shall be due from you or either of you to him at the time of your Receiving this present order.  And to seize and take possession of any Lands, goods, or effects of the said KEATING’s for the payment of the said BALDWIN’s Wages And in Case such stoppage & Seizure so by you to be made shall prove insufficient for satisfying the said Wages so due to BALDWIN from said KEATING, that then such Master or Masters as he shall ship with and serve the next and ensuing years

are hereby Order’d and required to stop one half of said KEATINGs Wages yearly in his or their hands for the payment of the Wages which shall Appear to be Justly due and owing from said KEATING to BALDWIN as afores’d, And for your & their so doing this shall be your and their sufficient order And authority given Under my hand and seal at Placentia the day and year first above written, And the Court was adjourned to ye 28th at 10 in the forenoon

 

In Court 28th Sept 1764

On hearing the Petition of Bartholemew HARTINGTON Complaining of his not being payed his Wages from Walter MURPHY agreeable to his shipping paper for that purpose but it appearing to the Court that Mr Samuel SPRATT Merch’t and supplyer (sic) had the whole produce of the Voyage it is the opinion of the Court that the said Mr SPRATT is natural Security for the payment

 

PAGE 82:

 

79

of the Wages and he is hereby order’d to pay the same Accordingly, and if the said Mr SPRATT has payd (sic) said MURPHY in full that said Mr SPRATT may have his remedy on said MURPHY by distress and sale of his goods  And for said Mr SPRATT’s so doing this shall be his sufficient order and Authority given under my hand and seal at Placentia this 28th Sept 1764

 

(signed) Cha’s SAXTON

 

 

On hearing the Complaint of David BUTLER, Boats master, setting forth that Robert PITMAN (PITTMAN) has without the Consent of this Complainant, Enter’d upon and taken Possession of a Stage two dwelling houses and part of a fishing Room in Durickle the property of this Complainant and he

having Made Oath to the truth of the same it is Ordered that the said Robert PITMAN (PITTMAN) do make satisfaction to the said BUTLER for the use he has already made of the said BUTLERs premises and deliver him the said BUTLER the Quiet Possession of the same which the said Rob’t PITMAN (PITTMAN) is hereby Order’d and Requir’d  immediately to do as he will answer the Contrary at his

Peril.  Given under my hand and seal At Placentia this 28th day of Septr 1764

 

(signed) Chas SAXTON

 

When the Court was adjourn’d to the next Summons

 

(signed) Chas SAXTON

 

PAGE 83:

 

80

Placentia      of Octob’r 1764.

 

Be it recorded that Tho’s OULDIN and Catherine his wife did bargain and sell their house and garden to Mr. Richard WELSH Merchant by deed which is as under

 

Whereas we Thomas OULDIN and Catherine OULDIN late Catherine BOUDET are or one of us is lawfully possess’d of and intituled (sic) unto all that dwelling house and garden situated at the upper end of the street in Great Placentia leading to the new house lately built by Capt. John DOUERS of the Artillery containing in front towards the river twelve yards and backwards to the beach forty yards or thereabouts be the same more or less and is the same in which Edw’d MEDCALF Serg of the Artillery lately lived now know all men by these presents that we Thomas OULDIN and Catherine OULDIN for and in consideration of the sum of thirty pounds sterling by Mr. Rich’d WELSH of Placentia aforesaid Merch’t at or before the sealing and delivery hereof to us in hand well and truly contented and payed the receipt whereof we do hereby acknowledge, have granted, bargained &c of And in and by these presents do grant, bargain and sell unto the said Rich’d WELSH all that the said dwelling house and garden afores’d with all and singular its rights, members and appurtenances to have and to hold unto the said Rich’d WELSH his heirs and assigns forever in witness whereof we have

 

PAGE 84:

 

81

 

Hereunto set our hands and seals at Placentia aforesaid (where no stamp Paper is to be had) this [blank] day of Oct’r in the year of our Lord 1764

 

Seal’d and delivered ______________________________

In the presence of us _____________________________

 

 

Placentia May 23 1765

 

We William COLLINS of Great Placentia and Sam’l GOODALL of the same place planters do acknowledge ourselves to be severally indebted to our sovereign Lord the King in the sum of £50 sterling each on Condition that the said William COLLINS do personally appear at the Next court to be held at this place by the Governor of the land or his surrogate to answer the complaints of John POWER & Robert KEATING of Little Placentia Planters and to abide by the determination of the s’d court therein

 

(signed) W’m COLLINS

(signed) Sam’l GOODALL

 

Taken and acknowledged

The day and year above

Before me (signed) Rob’t EDGECUMBE

 

 

Court held at Great Placentia this 2d day of October 1765

No complaints

3rd court opened

 

The petition of Pat’k KELLY was read and the matter thereof complaining of Mr Rich’d WELSH was fully heard & considered and the court is of opinion that the same is groundless & it is hereby ordered that the s’d KELLY doth perform his

 

PAGE 85:

82

 

This contract with the s’d Mr WELSH dated the 14th day of Oct 1763

           

The petition of John BALDWIN has been reheard and it appearing to the Court  that Mr Richard WELSH is indebted unto said BALDWIN in the Sum of Fifteen Pounds for wages it is order’d that the said Mr WELSH do pay the same accordingly

 

The Complaints of Rob’t KEATING and William COLLINS have been Severally heard, to wit COLLINS against Jn’o POWER for Defamation and Rob’t KEATING against William COLLINS for Contempt of Authority and rescuing himself from said KEATING a Constable in the Execution of his Office.  It is the opinion of the Court that they are both guilty of the charge Respectively laid against them. It is order’d therefore that the said COLLINS and POWER do pay into court Forty shillings each for the use of the poor, Tomorrow morning by 10 of the clock

 

4th Court Opened

 

The petition of Honora HEFFERNAN was heard and it is order’d that Thomas KEATS the master of the petitioners late husband shall pay the balance of the acct (to wit)the sum of four pounds sterling

 

Mr WELSH praying that the Wages payed by order of the Court to BALDWIN may be repay’d him by Said KEATING Master to the said BALDWIN who

 

PAGE 86:

83

 

left his service and never demanded and acct nor was broak (sic) up by the s’d Mr WELSH as he pretends to set forth and that Mr Sam’l PARDY the Present supplier of KEATING do pay Ten Pounds now in his hands of the s’d KEATING’s to the order of Mr WELSH and that the like sum be stop’d o’pay’d the next

Which is hereby orderd (sic) Accordingly

 

October 5th, 1765

Court was opened

 

On hearing the Complaint of Mr Thomas SIMMONDS against Walter MURPHY for Refusing to pay for his Winters supplys it is Order’d by the Court that the said Walter MURPHY do pay to the said Mr SIMMONDS for said supplys the sum of £ 38” at the three different Payments for which the s’d MURPHY has enter’d into engagem’t for that purpose.

 

The Complaint of Tho’s DOHERTY, Ja’s SUTTON and others was heard setting forth that they agreed and pay’d for their passage from Little Placentia to Ireland and were to be landed at Waterford with their Chests and Effects but that the Vessel with  their Chests was by Contrary Winds driven to England. That their Chests were sent back from Poolle Ireland but were broken open and several things the property of the Complainants taken out  The s’d Complainants having in Court set forth the several things they had Respectively lost and Ascertained

 

PAGE 87:

84

Ascertained Upon Oath the Value of them at the most reasonable prices the Court of Opinion that satisfaction be made to the complainants agreeable to their several losses they have sworn to by the person or persons who had the benefit of their passage Money. But as it is said the Effects of the People who should be accountable are since purchased by  Mess’rs NEAVE & Company. The Court does not Resolve to come upon the said Effects till they have Represented and strongly recommended through their agent here for Justice Sake and their own interest to interfere in the Relief of the poor Suffers. The whole sum being only about twenty four pounds.

7th the Court was Opened

The complaints of Mr Richard WELSH against Patr’k WARD for Neglect of Business whereby he ran himself considerably in Debt without a probability of Discharging it and it happened thru his own voluntary neglect of his business it is ordered that Mr WELSH May seize his Boat & Craft toward satisfaction of his Debt the said Mr. WELSH supplying him his wife and children with their winters provisions at the rate of £7 a head which is to be pay’d (sic) for the by said WARD in three equal yearly payments.

PAGE 88:

85

The Case of Thos WOODLACK praying Relief for a debt due to him from John MURPHY has been heard & it is ordered that the s’d MURPHY do immediately pay three pounds part of the Debt and the remainder five pounds and nine shillings on the last day of Sept next.

(signed) Chas SAXTON

Court Opened at Placentia the 20th day of September 1766 by Patrick DRUMMOND Esq’r Commander of His Majestys Ship Pearl and Surrogate of the said place----whose Commission Was then Read----No Complaints, Adjourn'd to 4 in the Afternoon.

The Court in Pursuance of the above Adjournment was Opened And there being no Complaints it was Adjourned 'till the next summons the following Order for a tax to be enter'd ---- Pat’k DRUMMOND

Placentia 22 Sept 1766

(signed) By Pat’k DRUMMOND Esq’r

Application having been made unto me by Robt ? Justice of the Peace for theis district that a tax for the support of the poor ? is greatly wanted and

PAGE 89:

                                                                         86

 

Mr. EDGCOMBE for the purposes afores'd /viz/ (sic) that those that keep a Fishing Boat or Boats shall pay three shillings for each of them and two shillings for each servant which said two shillings the servants are to be charged with by their Masters this tax to continue for one year only.

 

(signed) Pat'k DRUMMOND

 

 

                      Court opened at Placentia  the 5th  day of  Oct'r 1767  by Patrick DRUMMOND Esquire Commander of his Majesty's ship Pearl and Surrogate of the SW Coast of Newfoundland whose commission was then read.

 

Complaint of John HALEY and Anthony RANGE fishermen of Little Placentia against Barnaby MOONEY Planter their employer for not complying with the written agreement which was between them. MOONEY representing that they neglected their duty and therefore turned them out of his employ for the last seventeen days of the season. The case being strictly examined and it appearing to the Court that the said MOONEY was culpable and that the men might have caught their own share about Four Quintals of fish for the time they were out of employ and therefore has assigned the said MOONEY to deliver to the said John HALEY and Anthony RANGE that quantity immediately...  

 

PAGE 90:

                                                           87

 

Then the Court was Adjourned to 1/2 past 3 in the Afternoon. Half past 3 Court opened according to Adjournment. The petition of Lawrence RIELY cooper against Mr. Simon HUNNYBURN of Little Placentia for stopping his wages for the last summer the Case being strictly examined and it being proved the said Lawrence RIELY did several times strike his said Master Symon HONNEYBURN and Absent himself from his duty a fortnight, Notwithstanding his said Master did several times desire him to Continue in the employ to the end of the agreem't & that he would desire no other Recompence for the Assault then stoping (sic) for the fortnights absence which the said RIELEY refused the neglect of Duty being about £1''4 Sterling the Court has Adjudged the said RIELEY to have that sum stopt (sic) from his wages for the use of the said Mr. HUNNEYBURN & Ask his Pardon before the Publick Court & likewise for behaving with contempt to the Court he is hereby Adjudged to have 24 hours Confined in the Black hole at the guard house. 

 

Court adjourned to 9 o'clock tomorrow morning October the 6, 1767 Court opened according to Ajournment.

 

Present, Patrick DRUMMOND Esq'r Surrogate and Jn’o HADDOCK Esq'r Justice of the Peace for the district of Little Placentia

 

PAGE 91:

88

 

Petition of Tho’s KEATING against Mr Simon HONNYBURN for refusing to pay the full ballance (sic) of his acc’t, The Court having Strictly examined the Case and finding a Shipping paper Depending between both party’s (sic) it is hereby order’d that the said Mr HUNNYBURN shall conform himself to the Shipping paper Accordingly

 

Complaint of Jn’o GREEN Servant against William COLLINS Planter of this place being his Master for not complying with the agreement between them in Cloathing (sic) him in the Summer & paying his passage home  The Court having examined the same and it being proved upon Oath that, that was the agreement and said COLLINS beat his Said Servant and Turn’d him away in the Middle of the Season it is hereby order’d that the said COLLINS shall pay for his Said Servants passage home that this place may not be troubled with Vagabonds.

 

The Complaint of Mr Simon HUNNYBURN of Little Placentia against Mr Richard WELSH of Great Placentia being strictly examin’d and the Affidavit of the planters Employ’d by the said HUNNYBURN being likewise examined (both as follows) and finding it not to come within the Limits of My power to determine the s’d Complaint, I —

 

PAGE 92:

89

 

I do hereby refer it to the General Court of Assize at St John’s Or any Court in Great Britain agreeable to my instructions

 

Complaint of Mr HUNNYBURN as follows

 

To Patrick DRUMMOND Surrogate of that part of Newfdland between Cape Race and Cape Ray & Capt on board his Majesty’s Ship Pearl  — The Petition of Simon HUNNYBURN Agent for the employ of Mess’rs Joseph and Moses NEAVE Merch’ts of Poole Dorset, representing the iniquitous & unreasonable proceedings of Mr Richard WALSH (WELSH) by his Constantly supplying both Planters and their Servants with things unknown to this Employ  As in the following may Appear —

 

Humbly Sheweth (sic), That in the year 1759 your petitioner was sent here by Mr W’m TURNER (their Merch’t at Poole) with a Letter of Recommendation to Mr WELSH who told your petition’r in the Name of Mr TURNER that anything in his power should not be wanting at the same pretended a great freindship (sic) to Mr TURNER. That in the fall your pet’r agreed with the planters in this harbour for the ensuing Voyage and furnish them with all manner of Necessary Supplies for the Winter - Except

 

PAGE 95:

91

 

“ Their own Rooms, that in regard to the Planters Servants I also Agreed to furnish them with all manner of things they should want the ensuing winter and voyage & at a certain time six of the servants came & Ask’d for some necessarys which I let them have what they called for letting them at the same time know the price of each article these men Were not more than an hour from your pet’r before they bro’t back the goods and said Mr WELSH had met them in the street & ask’d them what they had and what the price of each article was and when they heard the price told the people he would let them have the like goods much cheaper and they left the goods with me & not only the planters servts but the servants of your pet’r follow’d the same practice notwithstanding they were obliged by agreement to take the goods from their own employ As by the same agreement I was obliged to pay their bills – Not this only but a greater imposition carried on by erecting several strap houses here most not licenced (sic) (being a fishing harbour) to the destruction of our voyage, by keeping our men from home on Sabbath days & also following unlawful practices. Getting drunk, singing, & playing cards And on Mondays following the people were uncapable (sic) of their duty Much was the cause of a great deal of disturbance with their Masters. Those complaints I have made known to Mr.

 

PAGE 96:

92

 

Mr EDGECUMBE as Justice of the peace but no redress In this condition we unfortunately labour’d from year to year & paying Mr WELSH a great deal of fish for which he never paid any bill Mr. WELSH not satisfied with this but if our store fell short of any article we cou’d not do without would charge us the most exorbitant price And oblige us to take things we did not want or go without things we were necessitated for. These and many other instances were the ruin of three gentlemen in England who have spent their fortunes here and become bankrupts, And last fall our vessel with supplies not arriving as soon as we expected (having a passage of ten weeks) the planters to the Number of Four went to Mr.  WELSH and took their supply (sic) for the winter and summer following tho’ they were under no necessity for so doing. That one of the planters were supply’d by Mr. WELSH (Namely Rob’t WELSH) several days after the ship arrived. Notwithstanding he had been sent for & offer’d a sufficient supply of every kind and to confirm that they were not necessitated to leave the employ the only planter that remained with us did not look for supply till about three weeks

 

PAGE 97:

93

 

weeks after the Vessel arrived.  This your pet’r begs you will maturely consider as they were and now are possess’d of effects belonging to the employ (to say) boats, craft all manner of necessities fit to carry on the fishery with houses, goods, cattle, stages and all manner of effects without which they could not have caught fish for Mr. WELSH.

 

Neither was it in Mr. WELSH’S power in so short a time to furnish them with boats, craft &ca  to carry on their voyage and now having the supplying of the said planters (except one) he would not agree to pay their debts.   The man remaining here in the care of the stores the past winters thinking in the spring the employ would be carried on in the usual manner & let the planters and servants have severall (sic) necessaries to a considerable am’t, a return of which was made to Mr. WELSH which he has refused to pay notwithstanding this employ was always did the like by him and always allowed for the servants out of the goods part of their wages without any manner of dispute the planters, servants and ourselves to the amount of seven to fifteen or nineteen hun’d quintals of fish pr (sic) year particularly last year.  The stores private account amounted

 

PAGE 98:

 

94

 

amounted to about seven hundred pounds and he imposed on us in our necessity to pay for salt.  Three or four shillings p’r hnd  more than his dealers and two shillings and sixpence p’r hun’d more on bread and flour.  These and many more unreasonable impositions he has imposed on this employ tedious to mention.

 

Another instance is one Walter MURPHY now living in Paradise formerly supply’d by his employ went to Mr. WELSH after passing this obligation to us for his debt & for non-compliance of which was brought before Cap’t SAXTON then surrogate to this place about two years since who after due enquiry into the nature and circumstance of the affair order’d Walter MURPHY at three different payments to make good the debt, one of which has been rec’d the sum of £14 the second payment of fourteen pounds being due this fall, your pet’n demanded it of said MURPHY who had for answer that Mr. WELSH would not allow him to pay it.  Your pet’r also demanded the debt of Mr. WELSH who notwithstanding the Decree of Court has denied the paym’t & said it should not be paid for want of compliance of such and other terms as he always obliged us to comply with, or otherwise your pet’r would now be almost ready to sail but on this occasion don’t expect

 

PAGE 99:

95

 

Expect to be ready in three weeks and do suppose Mr WELSH will delay paying his servants for that purpose which will be a great detriment to this employ and a hindrance to the sale of the cargoe (sic)

 

And if some speedy remedy don't take place it will be impossible for any English merch't to carry on any employ or trade here as Mr WELSH will throw every impediment and imposition in the way,

 

Your petitioner therefore hopes as Gov’r PALLISER upon every occasion gives all the encouragement and protection in his power to merch'ts who carry on the fishery from England that you will take the aforemention'd greivances (sic) into your serious consideration by giving your protection also in ordering recompence (sic) to be made for the boats, craft &ca aforesaid which were furnished these planters

 And with which they this last summer caught fish for Mr WELSH who unjustly forsaking this employ and likewise oblige Mr WELSH to pay the servants debts and your pet'r begs that if you do not think proper for Mr WELSH to pay the servants that you will oblige him to discharge his people so far as to pay them their bills in time so that your pet’r may compel them

 

PAGE 100:

96

 

by law to pay their debts before you leave the harbour as your pet'r is full sure he will not be able to get any redress after you are gone.  Your pet'r therefore most humbly begs your speedy assistance in the affair as the delay of his owners voyage depend thereon and humbly submit as in justice shall appertain

 

The names of the planters who left the employ

 

                                                John HADDOCK Esq’r

Little Placentia                          John CORBIN

October 6, 1767                        Thomas LAMB

                                                Bryan FITZPATRICK

                                                Rob't WELSH after the arrival four vessel

 

Affidavit of the planters of Little Placentia

 

To Patrick DRUMMOND Esq’r Commander of His Majesty's ship Prosland surrogate of the SW Coast of Newfoundland,

 

We the undermentioned persons Planters of Little Placentia having rec'd intelligence of a complaint made by Mr Simon THOMPSON of the said file against Mr Rich'd WELSH merch't of Great Placentia in charging the said Mr. WELSH of being guilty of infamous actions we therefore most humbly beg leave you will please to

 

PAGE 101:

97

to Examine the following particulars which may in some Measure Contradict the representation of the said Mr HUNNYBURN

The last fall we went to Mr SIMMONDS who was then agent for Mess’rs TURNER, REAVE & WALKER Merchants of Poole for our Winter Supply’s whose answer that he had none, none would he take up for us & advised us to provide for ourselves in the best Manner we could & if it had not been for the supplies which we Rec’d from time to time from the said Mr Rich’d WELSH we must have been obliged to break up the Fishery as the said Mr HUNNYBURN (of late years) never brought a sufficiency of supplies for the fishery and we have made several complaints to the surrogate ( Capt’n Douglas SAXTON) acquainting them of our boats lying idle for want of proper necessaries to prosecute the voyage to the end of the season & notwithstanding any representation which may be made to you by Mr Simon HUNNYBURN of our being well furnished with Boats, Craft &ca we were much better furnished with all those things of our own when we enter’d into the employ or even while we were into or at the time of our being turn’d away And –

PAGE 102:

98

And it was the produce of our endeavours that supported their credit from time to time, Cap’t DOUGLAS issued an Order that we should not Deliver all the fish out of our own hands till we had got our Winter supply’s but Keep a Sufficiency to provide ourselves with necessaries for the Winter in Case of any failure of the s’d Employ the last fall we Delivered the fish and oil to the employ in hopes of Receiving our Winter Supply’s in the Best Manner we Could as aforementioned to the truth of which we Are ready to make oath before you –

Placentia the 6th Oct’r 1767      

(signed) Jn’o HADDOCK

(signed) Tho’s LAMB

(signed) Jn’o  CORBIN

(signed) Bryan FITZPATRICK

(signed) Rob’t KEATING

(signed) Rob’t WELSH

Sworn before me at the Court at Placentia this 6th Day of Oct’r 1767 where no Stampt (sic) paper was to be got

(signed) P. DRUMMOND Surrogate

(C & true Copy)

Court adjourned to another Summons

(signed) P. DRUMMOND

PAGE 103:

99

 

Court of Sessions Placentia 3 October 1768

 

Court opened this Day being the 3rd of October 1768 At Great Placentia by Richard BRAITHWAITE Esq’r, Surrogate to his Excellency Hugh PALLISER Esq’r for the SW part of Newfdland and Commander of His Majesty’s ship Liverpool.

 

When his surrogates commission was read in Publick (sic) Court After which the undermention’d order from his Excellency Hugh PALLISER Esq’r

 

By his Excellency Hugh PALLISER Esq. Gov’r and Commander in chief in and over the Island of Newfoundland the Coast of Labrador &c &c 

 

Several Representations having been made to me by sundry Adventurers in the fishery against his Majestys Justices of the Peace at Placentia of many partial and unwarrantable proceedings to the great obstruction and discouragement of a Publick (sic) and free fishery and seeing there is cause for such Complaints, I hereby recal, (sic)  revoke and make void the Commissions as Justices of the Peace granted to Mr. Robt EDGECUMBE and Mr. John HADDOCK who are hereby order’d Immediately

 

PAGE 104:

99

Court opened on this Day being the 3rd of October 1768 At Great Placentia

 

By Richard BRATHWAITE Esq’r Surrogate to his Excellency Hugh PALLISSER Esq’r for the SW part of Newfoundland And Commander of His Majesty’s ship Liverpool.

 

 When his surrogates Commission  was read in Publick (sic) Court After which the undermentioned order from his excellency Hugh PALLISSER Esq’r. By his Excellency Hugh PALLISSER Esq’r Gov’r and Commander in chief in and over the Island of Newfoundland the Coast of Labrador

Several representations having been made to me by sundry Adventurers in the fishery against his Majestys Justices of the Peace at Placentia of many partial and unwarrantable proceedings to the great obstruction and discouragement of a Publick (sic) and free fishery and seeing there is a cause for such complaints, I hereby recall, revoke and make void the commissions as Justices of the Peace granted to Mr Rob’t EDGECOMBE and Mr John HADDOCK who are hereby ordered --- Immediately

 

PAGE 105:

100

Immediately on Sight here of to deliver up their said commission to My Surrogate Rich’d BRATHWAITE Esq’r and the said commissions are hereby declared to be revoked and made void accordingly.

 

Given under my hand at St. Johns Newfoundland
6th Sept’r 1768 --- (signed) Hugh PALLISSER

By order of his Excellency A True Copy

(signed)Jn’o HORZNAIL
(signed) Rich’d BRATHWAITE

After which was read

 

By his Excellency Hugh PALLISSER Esq’r Gov’r and Commander in Chief in and over the Island of Newfoundland and the Coast of Labrador.

 

Whereas Will’m COLLINS, Will’m WORNEL, Joseph SAUNDERS, Burnaby MOONEY, all boatkeepers have represented to me that they intend to Erect fishing Works upon vacant ground at Point Verd in Placentia Bay and desired to be secured in the enjoyment thereof to their own use and Benefit.

 

The said Will’m COLLINS, Will’m WORNEL, Jos’h SAUNDERS & Burnaby MOONEY are

 

PAGE 110:

105

 

And payable to Mr. Gregory PURCELL & James GUPPY and that he had not negociated (sic) it but had either lost it or had it stolen from him.

 

            Ordered that Chris’r ST CROIX, Jn’o MILLER Jn’o MURPHY, Jn’o RYAN and Richard SPRAGG have licences given them for keeping publick (sic) houses it appearing they are reputable men also Barnaby MOONEY and no others.  Order’d that Chris’r ST CROIX & Sam GOODALL be continued as constables for this year

 

            Having ask’d if there were any more complaints to make to the court and waiting a reasonable time found none then the court adjourn’d till the next summons

 

(signed) Jn Leveson GOWER

 

 

Sept 6th 1769

 

On petition of some of the principal inhabitants of Placentia I thought proper to give licences to David GALLAVAN and Samuel GOODALL

 

(signed) J Leveson GOWER

 

 

Placentia Saturday 8th Sept 1769

 

At a court held this day a commission was read appointing the Hon’ble Jn’o Leveson GOWER Deputy to the Gov’r in this District

 

Present The Honble Jn Leveson GOWER

Joseph GILBERT

Lovel PENNELL

Rich’d SNOW

 

PAGE 111:

106

 

            Heard a complaint between Edward WHITE and Mathew BROWN, the former salter and splitter and the latter Master of a brig called the Bridget and having heard several witnesses of each side and the admiral of the port being questioned as to the customs of the fisheries at Newfdland and the fish complain’d of being survey’d it is resolved and determined by the court that the fish has rec’d damage in quantity 260 quintals and that it is worse by 2/6 the quintal than if it had been properly salted owing to the incapacity of the said Edward WHITE.

 

(signed) J Leveson GOWER

 

Then the court adjourn’d to the next summons

 

Placentia Tuesday the 25th of Sept 1770

 

            At a court held this day a Commission was read appointing William BENNETT Esq’r Deputy in this District to his Excellency the Hon’le Jn’l BYRON Gov’r of the Island of Newfdland &c &c

 

Present Will’m BENNETT Esq’r

And’w Le MERCIER

Jervis GROSSARD

And the principal Inhabitants

 

PAGE 112:

107

 

The former Constables desiring to be released from the Charge of that Office and proper enquiry having been made into the Characters of those who were fit and able to do the duty requir’d of Peace Officers, Jn’o MILLER, William COLLINS and Rich’d SPRAGG were nominated for that office and the two first were sworn in.

 

Orderd (sic) that Mr WELSH and Mr Joseph NEAVES Merch’ts of Great & Little Placentia do lay before the Court an account of the tax raised last year by Order of the Hon’ble John Leveson GOWER the then deputy to the Gov’r in this District for the repairing of the burying place of Great Placentia and the Relief of the Poor at both places which accounts having been examin’d and finding the whole Sum Nearly expended And it being Necessary that a further tax should be raised for the repairing of the Goal (sic) the Erecting of Stock’s much wanted at each place as well as the Repairing of the burying ground at little Placentia it is therefore Orderd (sic) that the said Mr WELSH and Mr NEAVES or their agents do Collect from every Boatkeeper, their Servants and all persons liable to become a Burthen (sic) upon the Publick (sic) who are able to pay the sum of three shillings this year which money is to remain

 

PAGE 113:

108

 

Remain in the hands of the said Merchants to be laid out by their joint consent (for the above salutary purposes) and they are hereby directed to make a report of the sums received and paid, to the first Court

held the ensuing year.

           

Order’d that all Complaints should be made in writing that the evidences might be ready to be examined the Next Court day, then the Court adjourn’d till the Next Summons

 

(Signed) Wm BENNETT

 

At a Court held the 26th Sept’r 1770

 

Present, William BENNETT Esqr

Jervis GROSSARD

 

Several Gentlemen and the principal inhabitants of the place Read and heard the Complaints of Joseph McNAMARA against Joseph CONWAY for having disabled him from getting his livelihood by the heaving a hatchet at him which wounded him in the arm and thigh and not only Render’d him incapable of performing his daily labour (to the great detriment of his Master) but obliged him to go to Placentia from Paradise to be under the care of a Surgeon where he remain’d thirty eight days before he Could stand on his leggs (sic) having examin’d

 

PAGE 114:

109

 

Examined the Surgeon and Mr WELSH’s agent in whose service the said CONWAY is and not having time to Summons or oblidge (sic) him to appear And it appearing clearly to me that the said CONWAY was guilty of the crime alleged against him, I have directed Mr WELSH Merchant in this place to stop his whole wages and appropriate them to the paying the Surgeons bills, John RYAN’s bill for his diet while under care and for McNAMARA’s passage to Ireland, This being the only Justice I could do the injured party at Present as he must go home or become a burthen (sic) to this District. I therefore recommend the said CONWAY (who I hear has bid defiance to Justice) to be corporally punished by the next surrogate if he can be brought before the Court.

 

The Petition and Complaint of David DAVERN against Thomas McGRATH for grasping him by the private parts by which he has been disabled from getting his bread ——

 

Having heard the Evidence on both sides and the said McGRATH being a man of  good character and the Damage done to David DAVERN appearing to me to be intirely (sic) an accident Thomas McGRATH is therefore hereby Acquitted

 

PAGE 115:

110

The Petition of  Thomas KEHO [KEHOE] Dennis DOILE [DOYLE] and James MADDOX Complaining that Mr Richard WELSH Merch’t at Great Placentia had stop’d the sum of Nine pounds Sterling or thereabouts for the Diet of William MORRISSEY who was in joint stock with them during the Winter in which Mr WELSH had credited them with provisions it appearing to Me that the aforemention’d people had disposed of their Winters labours to Strangers instead of paying their just debts to Mr WELSH  having inquired into the Custom of the Country in Such cases I therefore am of opinion that Mr WELSH had a right to do as he did and the complaint is hereby Void —— NB  The Winters Labour was building boats ——

 

It having been represented to me that Ellenor McGRATH had been allowed only forty shillings this year for her care of Mr Patrick CONWAY formerly a reputable Merch’t of this place who is now helpless and indigent which sum being too little for the Justice she has done him, I therefore direct that she receives as a reward the sum of forty shillings more out of the tax to be now Raised

 

It having been Customary to hold the court at the house of John MURPHY who keeps a licenced publick (sic) house for which he pays a Rent of ten pounds per year he having a large 

 

PAGE 116:

111

Family I do hereby direct that the said MURPHY be paid the sum of Twenty shillings this Year for the Expense of Firing & the use of the said room &c

 

The Petition of Dan’l TURNER in behalf of Isaac PHILLIPS of Boston Concerning a protested bill of Exchange payable by John DOIL ( DOYLE) of Burin, wrote to desire Mr Robt DOW the Admiral of the Harbour of Burin to settle the Difference between Dan’l TURNER(agent to Mr PHILLIPS) and the S’d DOIL (DOYLE) planter to Mr W, TITO ---Heard several other Complaints which are too trifling to have a place in this book then the court adjourned to the Next Summons

 

(Signed) Wm BENNETT

 

Sept. 27th, 1770 -- This day Richard SPRAGG was sworn into the Office of Constable

 

(Signed) Wm BENNETT

 

At a Court held this 28th Sept. 1770

 

Present William BENNETT Esq

Jervis GROSSARD

 

Several gentlemen & the principal inhabitants of the place

Read the Petitions of Wm COLLINS & Philip WELSH for ill usage on both sides having examined several witnessess (sic) finding them both litigious & in the wrong dismissed their Petitions

 

PAGE 117:

112

Read the petition of Willm REARDON complaining of having twice detected Darby MAIN in the Room with his wife, in the night at his return from Fishing having nothing but his breeches and shoes on And leaving his other cloths (sic) behind him he likewise complain’d of his having taken a Gun out of his house which he could not prove therefore I refer this to case to the next Surrogate.

 

Ordered that Christ’r ST.CROIX , Jn’o MILLER, Rich’d SPRAGG, David GALLEVIN, Samuel GOODALL, John MURPHY, John RYAN and Ann MUNROE of Great Placentia and John WELSH of Little Placentia have licences given them for keeping Publick houses it appearing they Are Reputable People.

 

Wm WARNOLL sworn into the office of Constable for the District of Little Placentia

 

Ordered that Mr William BRYAN Planter at St. Mary’s should stop the Wages of Rich’d HINDS until he shall appear before me at Trepassy in Consideration of a Note of hand payable to Mr Rich’d WELSH Merchant at Placentia, to serve him this summer he having run away and being at St. Mary’s in the service of Mr BRYAN

 

PAGE 118:

113

 

Read and heard the petition of Cha’s BARNARD & his claim to the house now in the possession of Mathew LAKE and Geo. GRIFFITH inhabitants of this place and finding by strict enquiry that the said BARNARD has an undoubted right to be in possession of the said Tenement by Virtue of a Power granted him two years ago by Rich’d ORCHARD, son to John ORCHARD who had a Breviate granted him for the said Tenement in the year 1751 by John KNIGHT Esq’r the then Surrogate it being one half of the Plantation formerly enjoy’d and belonging to Samuel SEARS, purchased by him from Sam’l GLEDHILL Esq’r by bill of sale as appeareth on record which Breviate having fallen into the hands of W’m ST. CROIX who married the s’d Rich’d ORCHARDs mother deceased & endeavored to get it produced and it appearing upon the examination of the said ST. CROIX upon oath, that he had carelessly deposited the Breviate in the house of one Rich’d SPRAGG whose wife is Aunt to the said ORCHARD and that it had been mislaid hid or fraudulently destroy’d in order to keep the right owner of  that Tenement from his just pretensions and having made three different proclamations in Court to know if any person had any Claim to the said tenement and

 

PAGE 119:

114

 

And finding none had any but Cha’s BARNARD who is married to the sister of the s’d ORCHARD and in my opinion has a Double title to the said Tenement the first by Rich’d ORCHARDs Power witnessed by two people now in Court and secondly in right of his Wife as joint heiress to John ORCHARD who died without will.

 

Upon the whole it appearing to me that he has an undoubted right to the said Tenement. Thereby Order that the aformention’d (sic) people now in possession of that contested habitation who have lived and live in it without paying the rent do keep the same in tenantable repair which if they do not they will be obliged by the next Court not only to pay the whole rent of the house for the time of their unjust possession of it according to the rate it ever was let at formerly but likewise be obliged to pay the s’d Cha’s BARNARD the difference of rent of the house he now lives in which he is obliged to hire

 

This case was carried to Gov’r PALLISSER by Capt BRATHWAITE two years ago but not decided the Governors commission being expir’d, I therefore record this and carry this case for his Excellency Governor BYRON’s decision –

 

            Then the court adjourned to the next Summons

 

(signed) WM BENNETT

PAGE 120:                                   

                                                                                115

                                                     At a court held the 1st October 1770

It appearing by the Record Book that the Honb'le John Leveson GOWER Deputy (in this District) to the Honb'le John BYRON Gov’r for the year 1769 had directed that Mr. Rich'd WELSH Merch't at Placentia should be paid for the passages of Mathew WHALING [WHELAN] and Will'm BRYAN who had been discharged from the service of Joseph SHARP Planter at Oderin in the year 1768 without any means of getting home to their own Country contrary to the notification of Hugh PALLISER Esq'r the then Gov'r which directions of Cap GOWERS was founded in pursuance of an order issued for that Purpose by Rich'd BRATHWAITE  Esq'r Surrogate for the year 1768. It appearing to me that Mr. WELSH had repeatedly requested that payment and being refused, I do hereby order the s'd Joseph SHARP immediately to pay the same or he will be liable to be sent for by the Next Court, fined for his contempt of the Governor's Authority and made pay all Damages, Interest, and the expences (sic) for bringing him to answer for the said Contempt ----.

                 

Granted a copy of this to Mr. WELSH ---

 

On Petition of some of the Principal inhabitants of Placentia I thought Proper to give Licences to Mary BARNARD of Great Placentia and Mary BLANCH of Little Placentia.

 

PAGE 121:

116

Examined Matthew LAKE in Partnership with George GRIFFITH both in Possession of the house claimed by Cha's BARNARD which Case was enquir’d into by me the 28th last month and finding that Neither of them had any title to the house in Dispute read my decision Recorded in the last Court, to him upon which Mat’ LAKE agreed to leave the said house in one Week, when Cha's BARNARD desired he Might give warning to the s'd Occupyers (sic) of the house to which they had No Claim which I order’d him to do in presence of a Constable that in Case the s'd Tenant is no (sic) evacuated (as there is no law here after the Surrogate sails). I record the s'd agreement and recommend that the Decree of the 28th ult’o be put in Execution by the Next Court.

 

Having ask’d if there were any more Complaints to make to the Court and waiting a reasonable time found none then the Court Adjourned till the next Summons.

                                                                                       

(signed) Wm. BENNETT

 

Memo, An Acc't of the taxes raised by Mess'rs WELSH & NEAVES left in this Book ---- Put up an advertisement at all Publick (sic) places to enforce the Authority of a Constable which for want of a Justice of Peace has only been a Nominal office.

 

By Will'm BENNETT Esq'r Deputy to his Excellency the Honb'le Jn’o BYRON Gov'r and Commander in chief of Newf’dland   &c &c &c

 

PAGE 122:

117

 

Whereas I have had sufficient information that the Constables have not known their own Power for want of which knowledge they have bore with insults in the Execution of their office.

 

1st

This is therefore to give Notice that if anyone abuse or Affront a Constable in the Execution of his office either by Word or Action he is liable to be fined According to the degree of the offence before the Next Court or a Justice of the Peace

2nd

In case of an Affray or Quarrel he may demand the assistance of his Neighbours or any other person present who refusing to assist are liable to be find by the Next Court or a Justice of the Peace

 

3rd

A Constable hurt in parting an Affray or Quarrrell (sic) may have an Action against the Affrayer but the Affrayer can have none against him

 

Given Under my hand in the Courthouse at Great Placentia the 1st of October 1770

 

 (signed) Wm BENNETT

 

PAGE 123:

118

 

Memo;  The Persons entrusted with the tax are hereby desired in Order to enforce the aforementioned Authority of Constables to have with the Stocks Ordered by the first days Court whipping posts to be set up with them in the Most publick (sic) places And Mr NEAVES is hereby desired to send out four Constable Staves by the first of his ships that comes from Poole

 

(signed) Wm BENNETT

 

 

Placentia March 12th 1772

A Court was held this day at which time Mr GROSSARDS Commission of the peace and that of Naval officers from his Excellency Governor Jn’o RYRON was Read in the presence of Several inhabitants of the Place.  The following Licences were Renew’d untill (sic) the last of Sept Next —- Viz

 

SPRAGG

RYAN

ST CROIX

GALLEVIN

GOODALL

MURPHY

PERRY

 

PAGE 127:

121

A Proclamation

Whereas it has been represented unto the King that his Subjects Residing in this said Island of Newfoundland instead of cultivating such Friendly intercourse with the savages inhabiting that Island as Might be for their mutual benefits and Advantages do treat the said Savages with the greatest inhumanity and frequently destroy them Without the least provocation or Remorse in Order therefore to put a Stop to such inhuman Barbarity and that the perpetrators of Such attrocious (sic) crimes may be brought to punishment it is his Majestys Royal will and pleasure that I should express his abhorrence of such inhuman Barbarity and I do Strictly enforce and require his Majestys  subjects to live in Amity and Brotherly Kindness with the native Savages of the said Island of Newfdland (sic) I also commend And require all officers and Magistrates to use their utmost diligence to discover and Apprehend all persons who may be guilty of Murdering said Native Indians in Order that such offenders may be Sent over to England to be tryed (sic) for such Capital Crimes as by the Statutes of  the 10th & 11th of  William 3rd For encouraging the trade to Newfdland (sic), is Directed               

Given Under my hand at Placentia Aug 14th 1772

Signed M. SHULDHAM

By his Excellency’s  Command                                                   

(A Copy)   Edw’d BRAGGE                                         

PAGE 128:

122

By his Excellency Molineux SHULDHAM Esq Gov’r and Commander-in chief in and over the Island of Newfdland (sic) the Coast of Labrador &c &c

For better preserving the peace, preventing Robberies, Tumultuous Assemblies and other Disorders of Wicked and idle People remaining in the Country during Winter     

Orderd, (sic) that no papist Servant Man or Woman shall remain at any Place where they did Not fish during the Summer preceding, that not more than two papist men shall Dwell in one house during Winter except such as have protestant Masters That no Papist shall keep a Publick (sic) house or Vend Liquors by Retail 

That no Persons keep Dieters during Winter  

That all idle useless men and Women be punished according to law and sent Out of the Country ----  All his Majestys Justices of the Peace Are hereby required to carry this order into execution, to cause the Same to be publickly (sic) read in their Quarter Sessions once a year and a copy thereof put up at the Door of the Court house or in some other publick (sic) Place in the Several harbours Within their Respective Districts

Given Under My hand at Placentia 14th Aug 1772

By his Excellencys Command                                 (Signed) M. SHULDHAM

(Signed Edwd BRAGGE)

                                                      (A Copy)

 

 

PAGE 134:

Copy as for as                                                       127

Placentia Monday 21st September 1772

At a Court held this day a commission was read appointing James WALLACE Esq’r Deputy in this District to his Excellency Molineux SHULDHAM Esq’r Governor of the Island of Newfoundland &c &c &c

 

Present – JAMES WALLACE Esq’r

JERVIS GROSSARD –

And the Principal Inhabitants

 

Whereas upon the representation of the principal Inhabitants &c that a tax is absolutely necessary for the repairing of the goal (sic), keeping up the Railing of the Churchyards, the support of the Poor, and other necessary services for the Publick (sic) that may occur

 

Ordered a tax of two shillings to be levied on every Boatkeeper, Fisherman, and Servant Employed in the Fishery’s in the District of Placentia for the above services to be continued for one year only.


            Mr. William SAUNDERS and Mr. Joseph NEAVES to collect the above tax. The Constables appointed last to remain still in that office. The following licences to sell liquor granted vizt

 

Jn’o MILLER

W’m COLLINS

Chris’t ST. CROIX

Geo. BLANCH

                                                                                                            turn over

 

Page 135:                                                        

128

 

Having asked if there were any Complaints to make to the Court and waiting a reasonable time found none, then the court adjourned till the next summons.

 

(signed) James WALLACE

 

Placentia Wednesday the 23rd of September 1772

 

At a court held this day.

 

Present JAMES WALLACE Esq’r

JERVIS GROSSARD

And the Principal Inhabitants

 

Ordered, forty shillings to be paid to John MURPHY for the use of the Court Room.  Expence (sic) of firing &c for two years preceding the date hereof.  There being no proper court house in Placentia for the hearing of causes, complaints &c &c.

 

Ordered one to be built out of the monies collected from the fishermen if not wanted for more necessary uses. To be done by Publick (sic) advertizements (sic) by the lowest bidder.

 

Having asked if there were any complaints to make to the court after waiting a reasonable time found none then the court adjourn’d till next summons.

 

(signed) James WALLACE

Page 136:

 

129

 

By his Excellency the Hon’ble John BYRON Gov’r and Commandor in Chief in & Over the Island of Nfdland &c &c &c

 

Whereas Major Joseph GOREHAM Lt Governor of Placentia has represented to me that he has been at a very great expense & trouble In clearing and fencing in a piece of ground at Placentia situated the road leading from the Fort to the Block house and adjoining Mr SAUNDERS and Mr GOODALLS.  Feilds (sic) and plantations and running from thence to the sea shore at Bruley Bay the whole containing About twenty Acres for the purpose of a garden and pasturage And desiring I would secure him in the quiet and peaceable Possession of the same to his own use and advantage and he having also represented that the said ground is situated entirely out of the Way of the fishing ground and do not belong to any person I do therefore grant unto the said Major GOREHAM the before mentioned Spot of ground for the purpose aforesaid and so long as he shall keep up the fence thereof he shall peaceable & quietly enjoy the same to his own benefit and advantage without the least hindrance or Molestation from any person or persons whatsoever given under my Hand on board His Majesty’s ship Panther at St Johns 26 Oct 1771

 

By his Excellencys Command

(signed) John WILLIAMS

(signed) John BYRON

 

Page 137:

130

 

By his Excellency Molineux SHULDHAM Esq’r Gov’r and Commander in Chief in & Over the Island of Newfdland &c &c

 

I do hereby confirm the land abovementioned to Lt Col. GOREHAM And desire that no person or persons whatsoever disturb or molest him in the enjoyment thereof on the condition set forth as above

 

Given under any hand at Placentia thirty’th of Aug 1772

 

(signed) M. SHULDHAM

 

By his Excellencys Command

(signed) Edw’d BRAGGE

 

[note on the side: Copy this order following on the same sheet with that from page 107]

 

By James WALLACE Esq’r Commander of His Majesty’s Ship rose and Surrogate of the SW Coast of Newfdland

 

At the meeting of the Justice of Peace & principal Inhabitants &c it Appears that the tax collected last year have nearly been expended for the Purposes it was intended and that it will be necessary that a tax not Exceeding two shillings be levied upon every fisherman for the ensuing year for several circumstances that may arise now are hereby Order’d to collect it and apply it to the purposes you shall see proper With the consent of the Justice of the Peace keeping an acct in what Manner it was disposed of given under my hand at Great Placentia

 

 

To

Mr Wm SAUNDERS and

Mr Joseph NEAVES -- Merchants

Sept’r the 1st 1773

(signed) Ja’s WALLACE

 

PAGE 138:

                                                                        131

Placentia Monday 11th July 1774

 

At a court held this day

Present James WALLACE Esq’r

Jervis GROSSARD J.P.

And the Principal Merchants and Inhabitants,

 

Complaint of Mr SAUNDERS against William COLLINS for taking in (Without any Pretension or Authority) part of the Common to the prejudice of the Inhabitants and injury of the Fishery

 

It appearing to the Court that the charge against him was fully proved, it is hereby Order’d that the Fences to the encroachments he hath made be pull’d down & reduced to the former Limits and the said COLLINS to be fined five Pounds Sterling to be Paid into the general fund for the Relief of distress’d Objects belonging to the Fishery for such his offence –

 

Complaint of Thomas EASTMAN against his master William COLLINS for bad usage & turning him away and refusing to pay him for the time he serv’d which by being proved by the Deposition of Lewis SMITH the s’d COLLINS is hereby Order’d to pay EASTMAN for the time he serv’d him According to agreement—

 

Mr W’m SAUNDERS presented the petition of Rob’t MERCER to his Excellency the Governor relating to said SAUNDERS depriving

 

PAGE 139:

                                                                            132

depriving him of the property of his Late Brother it being read and enquired into it appears by MERCERs own Confession in Court he had sold all the right he had or Could have to the property of his late brother to the said William SAUNDERS -----

 

Whereas it appears that the tax Collected last year is nearly Expended for the purposes it was intended and that it will be Necessary that a further tax should be raised for the relief of Distressed objects belonging to the fishery & other Necessary Services Order’d, a tax of  Two Shillings to be levied on every Boatkeeper, Fisherman and Servant employ’d in the Fisherys in the District of Placentia for the ensuing year – Mr W’m SAUNDERS of Great Placentia and Mr Joseph NEAVES of Little Placentia to Collect the above tax and apply it with the Consent of the Justice of the Peace to the Purposes it was intended to be raised for.

 

Complaint being made by several persons of the great injuries Sustain’d by Dogs—It is hereby ordered (with the Consent of the Principal Inhabitants &c) that no person shall Presume to keep any Dogs but housekeepers & they only two each and that every other person keeping Dogs Contrary to this Order shall Pay a tax of Five Shillings Sterling a year for each Dog to be paid into the General Fund – this order to Extend to Little Placentia.

 

PAGE 140:

133

 

The following Licences (sic) to sell liquor continued vizt

 

            John MILLER

            Chris’r St CROIX

            Geo BLANCH

            John RYAN

            John MURPHY

            William LAMB

 

Having ask’d if there were any more Complaints found none

Then the Court adjourn’d till next summons


(Signed) Ja’s WALLACE

 

                                                Placentia Wednesday 10th Aug 1774

 

At a Court held this day, Present

 Ja’s WALLACE Esq’r

Jervis GROSSARD J.P.

And the Principal Merchants & inhabitants

 

Complaint of Elizabeth RIELY & Juda McLOUGHLIN against Mark FURLONG for breaking into their house in the Night and Beating the s’d McLOUGHLIN in a very cruel manner

 

Eliz’bth RIELY being sworn deposes that hearing a Noise on the top of the house she was very much surprised and thought it was somebody coming down the chimney and presently after

                                                                                                                       

PAGE 141:

                                                                        134

 

After saw the legs of the Prisoner who had fell thro’ the top of the house That John MILES who was then in the house fired a Gun at him loaded with Powder he then went away she never Saw the Prisoner before, nor Could give Acc’t of what design he came Upon but he appear’d to her to be very much in Liquor

 

Juda McLOUGHLIN being Sworn deposes that about 12 OClock being in bed with her child of nine days old and having a light burning She heard a noise on the top of the house which she Supposed to be the Cats She then got out of Bed and hearing Some Clay fall down the Chimney look’d up and saw the prisoner Coming down She askd (sic) him what he wanted he said he was a freind (sic) and not come to do any harm She then put him out at the Door And in the interim Eliz’th RIELY entered with her Children the Prisoner afterwards Came into the house Again and beat her in a Very Cruel manner and made a Stroke at her Child with an intention to kill it the Prisoner appeard (sic) to very much in Liquor

 

John MILES being sworn deposes that being in the house of Eliz’th RIELY he heard the Prisoner about the house for some time before he got up on the top of it and presently after saw him fall That he then took up an old gun loaded it with powder & fired

 

PAGE 142:

135

Fired at him the Prisoner then jumped off the house and threw some stones against the door and window and broke a pane of glass he then went over to Mrs MCLOUGHLINs –

The Prisoner being examin’d and not having anything to say in his Defence the Court is unanimously of opinion that he the said Mark FURLONG is guilty of what is alleged against him and is hereby sentenc’d to receive one hundred Lashes for this his offence ----There being no more complaints

The Court adjournd (sic) till next Summons

(signed) Jas WALLACE

 

Placentia Sept 9th 1774

 

At a Court held this day Present

James WALLACE Esq

Jervis GROSSARD J.P.

And the principal Merchants and inhabitants

 

The Complaint of John FORD against Nich’s SHORTHILL for breaking open his chest and taking sundry cloaths (sic) gun &c

 

John FORD being sworn deposes that his chest was broken open and his cloaths &c taken out.  The things which were found in the possession of the prisoner being produced in court, the said swears to the gun &c, part of the cloaths which he lost & that the prisoner knew the things to be his turn over

 

PAGE 143:

136

George BUTTON being sworn deposes in regard to the prisoners Character that he was heard to threaten to set fire to Several stores at St Mary’s-----------Samuel HILL being sworn deposes that a lad came to his house and told him that the prisoner had compell’d him to go with him and that the Prisoner had broken open a chest belonging to John FORD and taken out his cloaths (sic) and a gun and made the lad take the remainder of the things which he could not conveniently carry himself.

 

The Court is of opinion from the evidence that the prisoner is guilty of breaking the chest of John FORD and the said Nich’s SHORTHILL is hereby sentenced to receive one hundred Lashes for this his offence

(signed) James WALLACE

 

A Proclamation

By his Excellency Rob’t DUFF Esq Governor and Commander in Chief in and over The Island of Newfdland and &c &c &c

 

Whereas it has been represented unto the King, that his Majesty’s Subjects residing in the said Island of Newfdland instead of Cultivating Such a Friendly intercourse with the savages inhabiting that Island As might be for their Mutual benefit & advantage, do treat the said savages with the greatest inhumanity and frequently destroy them

 

PAGE 144:

137

then without the least provocation or Remorse, in Order therefore to put a stop to such inhuman barbarity and that the perpetrators of such atrocious crimes may be brought to due punishment it is his majesty's royal will & Pleasure that I should express his abhorrence of such inhuman barbarity and I do strictly enjoin and require all His Majesty's Subjects to live in Amity and Brotherly Kindness with the Native Savages of the said Island of Newfdland (sic). I also Command & require all officers and Magistrates to use their utmost diligence to discover and apprehend all persons who may be guilty of murdering any of the said Native Indians in Order that such offenders may be Sent over to England to be try'd (sic) for such Capital Crimes as by the Statute of the 10th & 11th of King William  3’d for encouraging the trade to Newfdland (sic) is directed, Given Under my hand this 15th May 1775

By his Excellencys Command Rob’t DUFF

(signed) William COCKS [COX]

By Rob’t DUFF Esq’r  Rear Admiral of the Blue and Commander in Chief of all His Majesty's Ships & Vessels Employ'd (sic) & to be Employ'd (sic) at & about the Island of Newfdland (sic)Whereas I am informed that great hindrance often happens to His Majesty's (sic) Service as well as to that of the Merchants by men deserting from them both at Newfdland (sic) for preventing of which you are hereby

PAGE 145:

138

hereby requir’d and directed not to Receive on board His Majestys ship under your Command any men that are under Articles to serve any inhabitant, Merchant, Master of Ship, or Bye Boatkeeper employed in the Fishery and if any inhabitant, Master of Ship or Bye boatkeeper shall receive or entertain any absentees from the Kings Ship you are to take an equal Number of the best men in their Service to serve in such Men's room - This order you are to make publickly (sic) Known in all Ports Where you may go immediately on your Arrival - Given under my hand at London this 15th May 1775 To Captain LINZEE Commander of H M. Ship Surprize By Command of the Admiral Robert DUFF

(signed) William COCKS [COX]

Placentia Monday Sep’t 18th 1775

At a Court held this day a Commision was read appointing Robert LINZEE Esq’r  Surrogate (for this district) to His Excellency Rob’t DUFF Esq’r Gov’r of the Island of Newfdland (sic) Present  Robert LINZEE Esq’r Jervis GROSSARD Esq’r Mr. W’m SAUNDERS Mr Joseph NEAVES And the Principal inhabitants

PAGE 146:

                                                                        139

 

Upon the representation of the principal inhabitants that a tax is absolutely necessary for the relief of the distressed objects belonging to the fishery & to the compleating (sic) the court house. as well as to other necessary services, the last years tax being expended and in arrears of £20 to Mr Wm SAUNDERS, orderd (sic) that a tax not exceeding the sum of two shillings sixpence, be levied on every shoreman & servant employed in the fishery in the district of Placentia the ensuing year the boatmen being excluded the tax this year as two shillings sixpence have been levied upon them for the use of Greenwich Hospital.

                       

Mr. Wm SAUNDERS of Great Placentia

Mr. Joseph NEAVES of Little Placentia order to collect the above tax

 

                                                                         Placentia

The complaint of John MILLER against Daniel MATHER for stealing fish, several witnesses proving the fact and the prisoner having nothing to say in his defense but acknowledging the crime threw himself on the mercy of the court, orderd (sic) that the s’d Dan MATHER do receive 42 lashes

 

The petition of complaint of John FOWLER against Pat’k MARTIN for breaking his leg last fall against James MARTIN for beating him & using him ill Wm GORMAN deposes that Pat’k MARTIN

 

PAGE 148:

140

 

MARTIN in wrestling with FOWLER threw him down by which meant his leg was broke, but knew nothing of the said Ja’s MARTIN’s using FOWLER ill.  John FLINT deposes that Pat’k MARTIN came behind FOWLER & threw him down by which means his leg was broke, and farther deposes that he saw Ja’s MARTIN beat the said FOWLER & about three weeks before which he saw Jn’o FOWLER hanging by his legs to a beam & who was tyed (sic) there by Pat MARTIN he believes him to be hanging there about a quarter an hour & then was cut down by Ja’s MARTIN.  But that he has seen Ja’s MARTIN beat FOWLER several times.

 

Mich’l MOGHTER & W’m PANNELL depose to the same purpose.  It appearing to the court that the charge against James MARTIN was fully proved has ordered a week’s imprisonment for the said crime.

 

Pat’k MARTIN not appearing issued out a summons for his being brought before the court to answer the charge against him.

 

Mr. Jos’h NEAVES’s complaint against W’m MCDONALD and others for losing a boat of his by their neglect, Ja’s PAVES and Tho’s KOUGH depose that the said MCDONALD and the other Boatmen left the boat without being properly secur’d by which means she was lost.

 

The court being informed that it is too often practiced by the boatsmen to leave their boats without being properly secur’d to the great injury of the owners. Therefore to prevent such bad …

 

PAGE 149:

141

 

bad practices in future, ordered the s’d McDONALD & the boatsmen pay Mr. NEAVES the sum of Five Pounds for his losses owing to their neglect.  The following licences to sell liquor are continued Chris’r ST. CROIX _ John MILLAR _ George BLANCH _ & W’m LAMB.   

 

The constables that were appointed last year to continue in that office having enquir’d if there were any more complaints found none.

 

The court adjourned till next summons.

 

By his Excellency Rob DUFF Esq’r Gov’r and Commander in cheif (sic) in & over the Island of Newf’dland & Mr. Jervais GROSSARD Surgeon to His Majestys Roy’l Artillery garrison’d at Placentia having in a Memorial represented to me that for some years past he has been at considerable trouble & expense in clearing away & cultivating a small spot of land adjoining the above place called Mount Pleasant - as also another piece of ground on the south side the river running to the NE of this harbour with a small island close to it which he has enjoyed for the purpose of cultivating grass thereon many years back all which spots of land lying without the Bounds of the Fishery and having been claimed or processed by any one before himself he therefore prays my sanction to hold the same to his own benefit & emolument.  Having

 

Contributed by Devon Griffon:

Special thanks to the transcription team:

Devon Griffin, Susan Snelgrove, Deb Sutherland, Daniel Porter, Jane Dowd, Michelle Hynes, Clare Powers O'Neill, George Lee, Christa J Smith, Sue Frenette, Mary Stapleton,
Catherine Mochrie, Jess Reid, Lester Gould, Cecilia Healey, Sandra Adams, Doris Synard, Randy Harnett, Joan Boak Morton, Bonnie Brown, Lisa Williams, Wanda Cole, Gloria Collins,
Joan Hodder, Wayne Slaney, Sheila A Manuel, Tom Donovan, Pauline Tessier, SA Manuel, Marc Edward Petrunia, Eileen Burke, Paula Short Kennedy, Susan Bryant, Kathy Feraudo,
Theresa LeGrow, Noelle Chevrier Van Sickle, Lester Gould, Jacqueline Penney, Susan Dady Whelan, George Lee, Mary Stapleton, Bonnie Monroe Hickey, Bill Ramsey,
Debbie Pennell Temple, Resee Greene, Cecilia Healey, Bonnie Monroe Hickey, Bill Ramsey, C. Dean Barnes, Susan Bryant, Wanda Quilty-Lee.