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Having taken this Memorial into Consideration and finding its contents to be just and true in every particular I do hereby order and direct that no person or persons whatsoever shall presume to interrupt, disturb or Molest Mr Gervais GROSSARD, in the quiet and peaceable enjoyment of the aforesaid premises provided he erects fences thereon and uses the same for none but the Purposes of Gardens, Pasturage and cutting of grass.

 

It is hereby to be observ’d that this grant does not extend to make the abovemention’d land assignable or to go by inheritance but to be held no longer as the property of the said  Mr Gervais GROSSARD than he shall continue at this place in His Majesty’s Service.

 

Given under my hand & Seal at Placentia this 29 ^th day of Aug 1775

By Command of his Excellency W’m CURTIS

                              

(Signed) Rob^t DUFF     

 

                                                 Placentia, Wednesday Sept 18^th 1776

 

At a Court held this day a Commission was read appointing Pat’k FOTHERINGHAM, Esq’r Surrogate to His Excellency John MONTAGUE Esq’r Gov’r of the Island of Newf’dland for the SW district thereof

 

Present Pat’k FOTHERINGHAM,

Jervais GROSSARD, Esq’r

Mr W’m SAUNDERS & the Principal inhabitants

 

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Ezra JOHNSON Complains against W’m COLLINS that he agreed to serve him the summer for half the fish that should be caught but that instead of complying with the said agreement he was beat and abused very grossly and a winters Acct made oath to against him without coming to a regular settlement-----Being sworn deposes to the truth of the above charge but no satisfactory Evidence being produced the court dismissed it as frivolous & vexatious.

 

                        When the representation of the principal inhabitants that a tax is absolutely Necessary for the Relief of the distres’d objects belonging to the fishery and completing the Court house as well as to other Necessary Service the last years tax being expended and in Arrears of three pounds eleven shillings and fourpence to the Mr W’m SAUNDERS order’d that a tax not exceeding the sum of two shillings & six pence be levied on every Shoreman & Servant employ’d in the Fishery in the District of Placentia the ensuing year the boatmen being excluded as two shillings & six pence has been levied on them for the use of Greenwich Hospital

 

            Gervais GROSSARD Esq^r of Great Placentia       }

                                                                                     } to collect the above tax

Mr Jos’h NEAVES of Little Placentia                  }

 

The licenses for selling liquor for the former year are continued.

The constables appointed last year are likewise continued.

And no other complaints being produced the Court adjourned till next summons.

                                                                       

(signed) Pat’k FOTHERINGHAM

 

[Transcriber’s Note;  in the left hand margin of this page 143 above, the following is written vertically in blue ink reading from bottom to top; from the left hand margin word - “&sixpence” up to the left hand margin word -  “Objects”]

                       

Copy this in the same sheet with the former from page 100.

 

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          In the name of God Amen. I William BAKER Lieutenant in the Royal Regiment of Artillery now Quartered at Placentia in the Island of Newfoundland being very sick and weak in body but of sound and disposing mind, memory and understanding thanks be given unto God therefore calling to mind the mortality of my Soul and knowing it is appointed for all men Once to Die. Do make and ordain this my last will and Testament that is to say Principally and first of all. I Recommend my Soul into the hands of Almighty God that gave it, and my body I Recommend to the Earth to be Burried (sic) in a Decent Christian Burial at the Discretion of my Executors-hereinafter named but without any pomp nothing doubting but at the general Resurrection, I shall receive the same again by the mighty Power of God  And as touching my worldly effects wherewith it hath pleased God to help me within this life (after paying and Discharging any lawful debts I owe) I give demise and dispose of the same in the following manner and form that is to say to be divided into two even and equal parts between Sarah and Mary HARDLAND daughters of Sarah HARDLAND Senior wife to Corporal Henry HARDLAND of the detachment under my command here. And it is further covenanted that if either of the said Sarah or Mary HARDLAND should chance to die before Arrived to the Marriage State or the age of Twenty Years that then and in such case it shall and may be lawful for the other to enjoy the whole and if they Both should chance to die before the aforesaid Limited time that Sarah

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Sarah HARDLAND Sen’r their mother is to enjoy their portions by virtue of this My last Will and Testament and Do hereby disannul and Revoke any Will or Wills by me made heretofore and this to be my last Will and Testament I hereby Constitute ordain and appoint Henry and Sarah HARDLAND Sen’r already mentioned to be my whole and sole Executors Administrators and Assigns and Guardians for the said Sarah and Mary HARDLAND in the Execution and true meaning to all intents and purposes of this my last will and Testament  In Witness whereof I have hereunto set my hand and seal at Placentia aforesaid this Twenty ninth day of Novr In the Seventeenth year of the Reign of our Sovereign Lord George the Third By the Grace of God King of Great Britain, France and Ireland Defender of the faith &c and in the year of our Lord God One Thousand Seven Hun’d Seventy Seven

(signed) William BAKER

Sign’d sealed publish’d declared and pronounc’d by the s’d William BAKER as for his last will and Testament in the presence of us who have subscrib’d our names in his presence and in the presence of each other

(signed) Ralph MILBANKE

(signed) Rob’t GRAY

(signed )Mich’l MITCHELL

I hereby certify that the within is a true and Just Copy of the Original

(signed) Ralph MILBANKE Surrogate

 

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Placentia the 18^th Oct 1780

 

At a court held this day before Peter BASKERVILLE Esq. Surrogate to his Excellency Gov’r EDWARDS the following petitions were read.

 

Wm LAMBs petition against Mr Wm SAUNDERS Merch’t in Placentia complaining of his rising the price of provisions and lowering the price of fish which said petition had been presented to His Excellency the Govern’r.  After hearing the witnesses on both sides it was prov’d the said complaint was made without just grounds it is therefore the opinion of the court that the said complaint is hereby void.

 

Sarah HARDLANDS complaint against Doctor Rob’t GRAY for refusing payment of a just debt, order’d that the said Rob’t GRAY should immediately pay the said debt.

 

Sarah HARDLANDS complaint against Andrew WELSH for stealing wood which was found groundless and without proof.

 

Mark SINNETT’s  [SINNOTT]’s complaint against Bomb’r John ANNAN for stealing wood but the said John ANNAN being at St. John’s it is thereby left to the direction of the next Surrogate.

 

The court adjourn’d till next summons.

 

(signed) Pr BASKERVILLE

 

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Placentia Tuesday 11^th September 1780

 

At a court held this day a commission read appointing Edw’d MARSH Esq Deputy in this district, to his Excellency Rich’d EDWARDS Esquire Governor and Commander in Chief in & over the Island of Newfoundland.  Present Edward MARSH Esq’r  Alexander WILSON Esq’r and the Principal Inhabitants.

 

The Court being open’d it was order’d that all complaints should be made in writing, in consequence of which no complaints being presented the court adjourn’d till next day at 11 o’clock.

 

Wednesday 12^th Sept 1781

 

In consequence of yesterdays (sic) order the court met when the following petitions were presented and read.  To Wit William MARTINs petition against Mr VIGUERS for not having fulfilled a verbal agreement and the evidences not being present were ordered to attend the next day.

 

Pat’k GORMAN’s complaint  (Planter in Little Placentia) against Dan CORBAN (Planter in the same place) for having depriv’d him without authority of a piece of ground which the s’d GORMAN had mark’d out to build a fishing room for two boats in Little

             

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Little Placentia and CORBAN not being present was summoned to attend the next day.

 

John LANE’S petition against Rich’d ALLEN Planter at Mortear (sic) for failure of agreement and not paying him Wages ordered that Richard ALLEN do appear the first opportunity.

 

Thursday 13^th Sept 1781

In Consequence of yesterdays order the Court met William MARTINS petition against Mr VIGUERS was found just and said VIGUERS was ordered to refund Three Shillings in the pound which he had unjustly Charged—on a set of Bills delivered him by said William MARTIN.

            Pat^k GORMAN’S complaint against Dan’l CORBAN appearing just the said GORMAN was ordered to keep possession of a piece of ground he had marked out for the purpose of a fishing room for his Boats.

 

Friday 14^th Sept 1781

The court having met Thomas KENNEDY’S petition against Lau’ce RYAN’S son and it appearing that Lau’ce RYAN was particularly concerned in the matter he was ordered to attend court next day

 

The court was adjourned till next Day at 11 Oclock

 

(signed) Edw’d MARSH

 

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Saturday 15^th Sept 1781

The court having met Tho^s KENNEDYS petition against Lau’ce RYAN for not paying him his wages was read----on examining into it appear’d that the complaint was unjust.

            Thomas WELSH’s petitions against Henry PARDY, Chris’r PARDY, Jn’o PARDY, Will’m PENNY and John BUCKLEY for breaking down a wharf belonging to the said WELSH and the parties not being present were ordered to attend the first opportunity ---- The court was adjourned till next day at 11 OClock

(signed) Edw’d MARSH

 

Monday  17^th Sept 1781

The court having met Thomas WHALAND’s [WHELAN’s] petition against Tho’s KEHO [KEHOE] the said WHALAND [WHELAN] having kept KEHO’s [KEHOE]’s family a considerable time—Whereby KEHO [KEHOE] became indebted to him Ten Pounds—KEHO [KEHOE] having A house in Placentia the petitioner prays that the rent of it may be appropriated to his use till the Debt is paid – the complaint appears Just on the part of WHALAND [WHELAN] order’d that he should keep possession of the house for the space of three years from this date unless KEHO [KEHOE] settles the Debt—the court was adjourned till the next day at 11 Oclock.

(signed)Edw’d MARSH

 

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Tuesday 18^th Sept 1781

The court having met and no petitions being presented was adjourned till next day.

 

Wednesday 19^th Sept 1781

The court have met Thomas WELSH’s petition against Henry PARDY, Chris’r PARDY, John PARDY, Will’m PENNY and John BUCKLEY for breaking down a wharf belonging to said WELSH was read on examining into it appeared that complaint was just and Henry PARDY was ordered to serve his Majesty on board the Duchess of Cumberland

 

The petition of Sam’l COLLINS, James McGRATH, W’m STRICTLY, James SALMON, John LANE and other servants to Richard ALLEN and John HOLLETT—Planters in Mortier of Burin and dealers with Mr Sam’l SPRATT Merchant at Mortier was read—when Richard ALLEN was sworn and deposed as follows – Question. Did you agree with Mr. MAJOR is the spring of 1779. Ans’r - No. Ques’t did you expect to get your supplies from Mr MAJOR as you had done in former years without any particular agreement. Ans’r Yes. Ques’t Why did you not get your supplies from Mr MAJOR as usual. Ans’r I sent my boats crew to Mr MAJOR for a weeks provision he said MAJOR sent them back without any. Ques’t After Mr MAJOR refused to supply you who did you apply to. Ans’r I apply’d to Mr SAUNDERS. Ques’t Did you get supplies from anybody in the spring to get your boats

 

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boats out. Ans’r From Mr MAJOR. Ques’t Was you supplied by Mr MAJOR in the spring with provisions before you applied to Mr. SAUNDERS. Ans’r Yes. Ques’t After getting provisions from Mr SAUNDERS was you again supply’d by Mr MAJOR. Ans’r^r Yes. Ques’t Did Mr MAJOR when he told you he could not give you supplies order you to go to any particular person for them. Ans’r He told me to get them where I could—

A Copy –(signed) Richard ALLEN

 

This deponent John HOLLETT sworn. Ques’t did you agree with Mr MAJOR in the spring of 1779. Ans No. Ques’t. Did you expect to get supply’d from Mr MAJOR as you had done in former years without any particular agreement. Ans’r Yes. Ques’t Why did you now get your supplies from Mr MAJOR as usual. Ans’r because he could not give them me. Ques’t After Mr MAJOR refused to supply you who did you apply to. Ans’r Mr Thomas SAUNDERS. Ques’t Did you get supplies from anybody in the spring to get your boats out. Ans’r From Mr MAJOR. Ques’t Was you supplied by Mr MAJOR in the spring with provisions before you apply’d to Mr SAUNDERS. Ans’r Yes. Ques’t After getting provisions from Mr SAUNDERS was you again supply’d by Mr MAJOR. Ans’r Yes. Question Did Mr MAJOR when he told you he could not give you supplies order you to go to any particular person for them. Ans’r. He told me to get them where I could—

(signed) John HOLLETT
 X his mark

 

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This deponent Thomas MAJOR agent for Mr Sam’l SPRATT sworn. Question did you look upon Richard ALLEN and John HOLLETT Planters in the Spring of 1779 as going a fishing to be supply’d from you and to take their voyage. Ans’r Yes. Ques’t Did you supply them with the Necessary things to carry on the voyage Ans’r Yes. Ques’t Did you supply them for the whole season of 1779. Ans’r One part of the time I was deficient. Ques’t Did you at the time you was in short supply order them to go to anybody else. Ans’r I do not recollect I did. Ques’t Did you take any steps to get any supplies for the people at the time you was short of them. Ans’r No I did not. Ques’t Did you get their voyage at the end of the season. Ans’r The greatest part of the fish. Ques’t Why did you settle the mens wages in the fall of the year. Ans’r Because I had not the whole voyage. Ques’t Do you know what part of the voyage the other merchant had. Ans’r No. Ques’t How could you expect all their voyage when you confess you had not supplys (sic) for them the whole time. Ans’r Because it was but a small space of time they was without it. Ques’t What am I to understand by a small space of time. Ans’r about a fortnight in the month of June. Ques’t Do you suppose the part of the voyage you did not get was more than sufficient to pay for the supplys they got. Ans’r  I can’t justly say. Ques’t Did Capt JACKSON of a ship wreck’d pay sixty four pounds sterling on Acct of John HOLLETT. Ans’r Yes he did which I credited HOLLETTS acct for. Ques’t You confess that a part of the time you had not supply’s and you further acknowledge that you took no steps to

 

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to procure any. Will you or will you not settle their Accts. Ans’r I cannot do it. Ques’t What is your reason. Ans’r I have an order from my owner Mr SPRATT not to do it. ---

 

(signed) Thomas MAJOR

 

Richard ALLEN appeared before the court and made and oath that the letter written by Mr MAJOR, Agent to Mr SPRATT, to him telling him he had no supplies for him but to go and get them where they were to be had was sent by Mr MAJOR and read by one of his servants before he came into Placentia for supplys (sic) from Mr SAUNDERS store.

 

(signed) Richard ALLEN

 

The court was adjourned till next day

 

(signed) Edward Marsh

 

Thursday 20^th Sept 1781

The court having met to inquire into the complaint of John CORBAN, Dan’l CORBAN, Nich’l BUCK, Planters in Little Placentia, against Joseph &Moses NEAVE—

Present Edward MARSH Esq’r

Jn’o WALDRON

Chr’s SPURRIER

And the principal Inhabitants—

 

When John CORBAN and Nich’l BUCK planters and Samuel HARRISSON defendant on the part of Joseph & Moses NEAVE the plaintiffs setting forth and complaining of very exorbitant prices being charged in their respective Accts for goods they took up of

 

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of said HARRISSON for the necessary supplies of the fishery and of his having reduced the price of their fish one shilling p’r quintal which they aver was contrary to their agreement (a written instrument) which was produced by the said HARRISSON dated the 10^th day of Nov 1775 specifying the following season—All the accounts being produced since the said agreement and examined by the principal merch’ts they made the following report

 

That upon strictly examining the Accounts of 1779 and 1780 find the charges therein on an average were the current prices of that Bay and nearly the same as they themselves charged their planters and that for the years 1779 and 1780 their planters Accts were credited for their fish 11 shillings p’r quintals and their oil at L 15,0,0 p’r ton for the year 1781. They give their planters 12 shillings p’r Quintal for their fish and L 15,,00 p’r ton for their oil. Given under our hands this 20^th day Sept 1781—

 

Signed (W^m SAUNDERS)
Signed( Jn WALDRON)

Signed (Chris^r SPURRIER)

 

It appearing from the above declaration of the principal merchants in this bay and the plaintives (sic) not being bound by a written instrument longer than one year and which they allow to have been punctually fulfilled that the complaint was unjust they were therefore ordered to settle their respective accts immediately agreeable to the current prices of their bay and as other planters have done

(signed) Edward Marsh

 

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By Edward Marsh Esq. Commander of His Majesty’s Ship Duchess of Cumberland and Surrogate for the SW Coast of Newfoundland

As John CORBIN and Nicholas BUCK [BURKE] do not seem satisfied With the decision of the Court and Refused to Settle their Accts agreeable thereto they are hereby strictly forbid to Remove their Fish for the purpose of selling it to other Merchants till the governor’s pleasure is known given under my hand at the Court house Placentia this 21^st Sept 1781

(Signed) Edward MARSH

This day five Licences was granted for the purpose of Selling liquor

(Signed) Edw’d MARSH

By his Excellency Richard EDWARDS Esq. Governor and Commander in Chief in and over the Island of Newfoundland &c &c &c

By Virtue of the Power and Authority to me given by His Majesty’s Letters made patent bearing date at Westminster the first day of April in the Nineteenth year of the Reign of our Sovereign Lord George the Third of Great Britain France & Ireland, King Defender of the Faith &c

To Constitute and appoint Justices of the Peace with other officers and Ministers for the better administration of Justice and Keeping the Peace in the Island of Nfd’land

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Newfdland in America I do Constitute and appoint you Alexander WILLSON Esq------His Majesty’s Justice to keep the Peace in the District of Great & Little Placentia and to keep and Cause to be Kept all Ordinances and Statutes made for the Good of the Peace and for the Conservation of the same and for the Quiet Rule and Goverment (sic) of the people in all and every the Articles Thereof in the said District as well within the Liberties as Without, According to the Force, Form and effect of the same and to Chastise and punish all persons offending against the Form of these Ordinances and Statutes as shall be fit to be done and to cause to come before you all those persons who shall threaten any of the People in their persons Or in the Burning of their houses to find sufficient security for their Peace or for their good behaviour towards His Majesty and the People, and if they shall Refuse to find such Security then to cause them to be Kept safe in Prison Until We find such Security I have also appointed you or either of you the said Alex’r WILLSON Esq’r His Majesty’s Justice to enquire by the Oaths of good and lawful Men of the District aforesaid by whom the truth may be better known of all and all manner of Felonies , Trespasses, Forestallings, Regratings, Engrossings and Extortions whatsoever ------ and

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And of all and Singular other Misdeeds and offences of which Justices of the peace may and ought Lawfully to enquire by whomsoever and howsoever done and perpetrated which hereafter shall happen howsoever to be done or attempted in the District aforesaid who have either gone or Ridden on shall hereafter presume to go or Ride in Companies with Armed Force against the peace and to the disturbance of the People and also those who have lain in Wait or shall hereafter Presume to Lay in Wait to Maim or Kill his Majestys People or the Native Savages of the said Island of Newfoundland and also of all Inholders (sic) and of all and singular other persons who have offended or attempted or Shall hereafter presume to offend Or attempt in the abuse of Weights and Measures or in the sale of Victual against the form of the Ordinances and Statutes or any of them in that behalf made for the Common good of England and the people thereof in the District aforesaid also of all Sheriffs, Bailiffs, Stewards, Constables, goalers and other officers whatsoever Who in the Execution of their office about the premises or any of them have Unlawfully demean’d themselves or shall hereafter presume Unlawfully to demean themselves or have been or hereafter shall Be Careless, Remiss or negligent in the District aforesaid And

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And of all and Singular Articles and circumstances and all other things Whatsoever by whomsoever or howsoever done or perpetrated in the District aforesaid or which hereafter shall happen howsoever to be done or attempted in any wise more fully Concerning the truth of the Premises or any of them and to Inspect all Indictments whatsoever So before you or either of you taken or made, or taken before others Late Justices of the Peace in the District aforesaid and not yet Determin’d and to make and Constitute the process thereupon against all and Singular Persons so Indicted or which hereafter shall happen to be indicted until they be apprehended or Render themselves or be outlaws and to hear and determine all and singular the Felonies, Trespassings. Forestallings, Regratings, Engrossings, Extortions, Unlawful Assemblies, Indictments aforesaid and all & Singular other Premises According to the laws and Statutes of England as in like cases has been used or Ought to be done and to Chastise and Punish the said Persons offending and every of them for their offences by Fines, Ransoms – Amercements – Forfeitures or otherwise as Ought and has been used to be done According to the laws and Customs of England or the Ordinances and Statutes aforesaid, Provided always that if a Cause of Difficulty

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Difficulty upon the determination of any of the premises that happen to arise before you or either of you or any Capital offences be brought before you such as Robberies Murders, and Felonies then you nor either of you do proceed to give judgement therein but take care that all persons guilty of such offences be sent to the county prison at St Johns in order to take their trial at the assizes yearly to be held there and therefore you and both of you are hereby required that you diligently intend keeping the peace ordinances and statutes all and singular the other premises and at certain days and places which you or either of you as is aforesaid shall in that behalf appoint that you hold quarter sessions of the peace and that you hear and determine all and singular and perform and fulfill the same in form aforesaid doing therein what to justice appertain’d according to the laws and customs of England saving to his majesty the amercements and other things to him thereof belonging and by virtue of these presents at certain days & places which you or either of you as is aforesaid shall make known to them you are requir’d to cause to come before you or either of you as aforesaid, such and as many good and lawful men of the district by whom the truth of the premises may be better known

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Known and enquired of and furthermore you are hereby required and directed to appoint at certain times and places as aforesaid of such of the inhabitants and planters residing and abiding in the winter in the district of aforesaid a proper number of constables and other ministers of justice as is necessary towards preserving the peace and quiet of his majesty’s subjects provided always that you nor any such person or persons or other officer or minister so by you appointed do presume or be suffer’d to act in such offices until he or they have taken the oaths mention’d in act passed in the first year of the reign of King George the first entitled “an act for the further security of his majestys person and government and the succession of the crown in the heirs of the late princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors” and in act passed in the 6^th year of his present majesty “entitled an act for altering the oath of abjuration and the assurance and for amending so much of an act of the 7^th year of her late majesty Queen Anne entitled “an act for preventing improvement of the union of the two kingdoms as after the time therein limitted (sic) requires the delivery of certain lists and copies therein mentioned

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Mentioned to persons indicted of high treason or commission of treason as also made and subscribed in the declaration mentioned in an act of Parliament in the twenty first year of the reign of King Charles the Second entitled “an Act for preventing dangers which may happen from Popish recusants and also have taken such proper oath and oaths as are usually taken in the Kingdom of Great Britain by persons executing such offices and trusts which oaths and declarations you are jointly hereby & authoriz'd and empower'd to administer and give to all and every person or persons that ought to take the same according to the laws and customs of Great Britain and that you nor either of you do proceed and that you nor either of you do any thing by virtue of these presents contrary or repugnant to the Act for encouraging the trade to Newfdland (sic) passed in the 10 & 11 years of the reign of King William the 3’d nor in any manner obstruct the power thereby given and granted to the Admirals of harbours or Captains of the ships of war or any other matter or thing either prescribed by the said Act or by such instructions as you shall receive from me but that you and both of you and your inferior officers and ministers whom you shall appoint amongst the planters and inhabitants residing and abiding in the District aforesaid are strictly required and enjoined in all cases and times whatsoever necessary

 

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to be aiding and assisting to  the utmost of their power to the Commodore or Commander of His Majestys (sic) Ships of war and to the several Admirals in the respective harbours in putting in execution the several good rules & orders prescribed by the said Act for  encouraging the trade to Newfdland (sic) and I do strictly require all and singular the Planters and inhabitants of the District aforesaid to be observant, aiding & assisting to the utmost of their power unto you or either of you and the officers so by you appointed in  preserving the peace and executing the power and authority herein contained as they will answer the contrary finally I have appointed you Alexander Wilson Esq. Keeper of the roll of the peace in the said district and therefore you shall cause to be brought before yourself and your said fellows at the said days and places the Writs Precepts, Processes, and indictments aforesaid that the same may be inspected and by a due course determined as aforesaid. In witness whereof I have hereunto affixed my hand and seal at St Johns this twenty seventh day of October one thousand seven hundred and eighty one

 

(signed) R. EDWARDS

 

By His Excellency's command

(signed) A. GRAHAM

 

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St John’s Newfoundland 2d Aug 1782

 

Sir

Enclosed you will Receive a Proclamation Respecting Deserters from His Majestys Squadron Under my Command Which I Desire you will cause to be made s public as possible within the limits of your District

 

I am Sir Your Humble Servant

(Signed) Jn’o CAMPBELL

Alexander WILSON Esq.

Placentia

 

{A Copy}

 

Proclamation

            By his Excellency Jn’o CAMPBELL Esq’r Governor and Commander in Cheif(sic) in & over the Island of Newfoundland &c &c

 

Whereas it has been represented to me that Deserters from His Majestys Ships and Vessels upon this Station are frequently entertained and employed by Merchants, Masters of Merch’t Vessels & Boatkeepers to the Great Detriment of the Kings Service 

            These are therefore to give notice that if after the date hereof any Merchant, Master of Merchant Vessels or other shall Entertain any Deserters from any of His Majestys Ships or Vessels under

 

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Under my Command / Knowing them to be such / and shall not immediately deliver them up to the Justice of the District to which he belongs he shall be prosecuted with the Utmost Severity of Law and his men be liable to be impressed - And if any Deserter Shall be found in  the Shallop or upon the Fishing Room of any Merch’t , Boatkeeper or other having been detained by the Seamen & fishermen without their Masters Knowledge and Consent all such Seamen & fishermen in such shallop and upon such fishing Room so offending shall be / without exception impressed into His Majestys Service – And I do further give notice that for every Deserter apprehended by any Constable or other at the out Ports and delivered up to the Ship from which he has Deserted or to the Senior Officer of His Majestys Ships at St Johns such Constable or other shall receive Forty Shillings reward Given under my hand at St Johns 2d Aug 1782

 

(signed) Jn’o CAMPBELL

By Command of his Excellency

A GRAHAM

A Copy

 

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St. Johns 6th Aug’t 1782

 

Sir,

I Received your Letter of the 26^th July respecting a dispute between John CORBAN, Nich’s BUCK [BURKE], and the agent of Jos & Moses NEAVE of Little Placentia and desire of you with adjust the same and settle their acc’ts agreeable to the decree made by Capt MARSH on the 20^th Sept last

 

I am Sir,

Your Humble Servant,

(Signed) Jn’o CAMPBELL

Alexander WILLSON Esqr

Placentia

 

Inventory of the Lands, Tenements, Fishing Room & belonging to the Late Mr Rob’t KEATING of Little Placentia vizt

 

[A Fishing Room for 3 Boats with a Stage & Dwelling house thereon with a Keeve. Drudge barrows for a Stage]

 

[A Garden at the end of a House formerly Occupied by James CASSEDY [CASSIDY]  a Garden and Cow house on the Virgins Point & another Garden adjoining thereto]

 

[written vertically in the right margin] at £30 per year for 15 years purchase £ is 450

 

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Brought Over £450-0-0

3 Cows and 1 Yearling 48-0-0

1 Mare 2 years old 5-5-0

172 Hhd Salt 2-5-0

6 Leads & 6 old lines £0-10-0

an old Shallops Road 5- -

Old Rigging belonging to a Shallop 1-10-0

An Anchor W’t 80 lb 2-13-4

A Shallops Mainsail & foresail 14-10-0

A Shallop fit for a Voyage 20-0-0

A D’s not fit to be repaired 6-0-0

A Skiff very bad 2-5-0

180 Longers & 12 Skiffs wood 4-19-0 57-7-0

1 Iron bound Hhd -15

6 old Herring Nets 6-0

20 Barrels potatoes 10-10 17-5-0

£580 2 4

 

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We the subscribers do hereby certify that being appointed by Alex’r WILLSON Esq & Justice of the Peace for the District of Placentia to value and appraise of plantation and other effects of Rob’t KEATING deceased contained in the within inventory have done the same.  According to the best of our judgement so help us God.

 

Witness our hands at Placentia N’f’dland Ap’l 14th, 1783

 

(signed) Jn’o RAWLINSON

X his mark

Chris’r X ST CROIX

X his mark

Jn’o MURPHY

X his mark

 

Dr. Rob’t KEATING in a/c with Mess’r W’m SAUNDERS & Co.

 

1783

Ap’l 15th to am’t of his a/c as p’r

Ledger produced this day

Before Alex’r WILLSON Esq’r

£ 917-2-10

 

1783

Ap’l 15th By am’t of his

Credit to this day as as p’r

Inventory

£ 580-2-4

 

Balance due W’m SAUNDERS 337-0-6

£ 917-2-10

 

Errors Excepted

Placentia N’fdland Ap’l 15th, 1783

Recorded (signed) A. WILLSON J.P. & C.R.

for W’m Saunders & Co.

Signed (signed) J.PEARSE

 

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Place of Seal

By His Excellency John CAMPBELL Esq’r Governor and Commander in Chief in and over the Island of Newf’dland and the Islands in the Gulph (sic) of Saint Lawrence but virtue of the Power and Authority to me given by His Majesty’s Letters made patent, bearing date at Westminster the Sixth day of May in the twenty second year of the Reign of our Sovereign George the third of Great Britain, France & Ireland King Defender of the Faith &c. To constitute and appoint Justices of the Peace and other officers and Ministers for the better Administration of Justice and keeping the Peace in the Island of Newf’dland in America, I do constitute and appoint you Alexander WILLSON and John BROWN Esquires His Majesty’s Justices to keep peace in the District of Great & Little Placentia and to keep and cause to be kept all ordinances & Statutes made for the good of the peace and for the conservation of the same and for the quiet Rule and Goverment [sic] of the people in all and every the Articles there in the said District & as well within the Libertys as without according to the force, form and effect of the same and to chastise and punish all persons offending against the form of these ordinances and statutes as shall be fit to be done and to cause to come before you all those persons who shall threaten any of the people

 

 

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People in their persons of in the burning of their Houses to find Sufficient security for their peace or for their good behaviour towards His Majesty and the people and if they shall refuse to find such security then to Cause them to be Kept safe in Prison until they find such security

I have also appointed you or either of you the said Alex WILLSON and John BROWN Esquires His Majestys Justices to Enquire by the oaths of good and lawful men of the District aforesaid by whom the truth may be better known of all and all manner of Felonies, Trespasses, Forestallings, Regratings, Engrossings, and Extortions whatsoever and of all and singular other misdeeds and offences of which Justices of the Peace may and ought lawfully to Enquire by whomsoever or howsoever done or perpetrated which hereafter shall happen howsoever to be done or attempted in the District aforesaid who have either gone or ridden or shall hereafter go or presume to ride in Companys with armed force against the Peace or the Disturbance of the People and also those who have lain in wait to maim and Kill His Majestys People or the Native Savages of the said Island of Newfoundland And also of all Innholders and of all and singular other persons who have offended or attempted or shall hereafter presume to offend and attempt in the abuse of Weights and Measures or in the sale of Victuals against the Form of the Ordinances and Statutes or

 

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or any of them in that behalf made for the common good of England and the People thereof in the District aforesaid also of all Sheriffs, Constables, Bailiffs, Stewards, Goalers, and other officers &c. whatsoever who in the Execution of their office about the premises or any of them have Unlawfully demeaned themselves or hereafter shall presume unlawfully to demean themselves or have been or hereafter shall be careless, Remiss, or Negligent in the District aforesaid and of all and Singular Articles &c Circumstances and all other things whatsoever whomsoever or howsoever Done or perpetrated in the District aforesaid or which hereafter shall happen howsoever to be done or attempted any wise more fully concerning the truth of the premises or any of them and to Inspect all Indictments Whatsoever so before you or either of you taken and made or taken before others late Justices of the peace in the district aforesaid and not yet determined and to make and Constitute the process Thereupon against all and Singular persons so Indicted or which hereafter shall happen to be Indicted before you or  until they be apprehended or Remove themselves, or be outlaws And to hear and determine all and Singular the Felonies, Trespasses, Forestallings, regratings, Engrossings, Extortions, Unlawful Assemblies, indictments aforesaid and all and Singular other Premises According to the laws and the Statutes of England as in like Cases hath been used and ought to be  done and to Chastise and Punish

 

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Punish the said persons Offending and every of them for their Offences by Fines, ransoms, Amercements, forfeitures or Otherwise as ought or has been Used to be done According to the laws and Customs of England or the Ordinances and Statutes aforesaid, Provided always that if a Cause of Difficulty Upon the determination of any of the Premises shall happen to arise before you or Either of you or any Capital offenses be brought before you Such as Robberies Murders & Felonies then you nor any of you do proceed to give Judgement therein but take care that all persons guilty of Such offenses be Sent to the County Prison at St Johns in Order to take their trial at the Assizes Yearly to be held there. And therefore you & both of you are hereby required that you hereby diligently intend Keeping the peace Ordinances & Statutes and all and Singular other the premises and at Certain days and Places Which you or either of you as is aforesaid Shall in that behalf appoint that you hold Quarter Sessions of the Peace and that you hear and determine all and Singular the Premises and perform and fulfill the Same in form aforesaid doing therein what to Justice appertaineth According to the laws and Customs of England Saving to His Majesty the Amercements and other things to him thereof belonging. And by Virtue of these presents at Certain days & Places which you or either of you as is aforesaid Shall make Known

 PAGE 181                                                             

                                                                   172

Known to them You are required to Cause to Come before you or Either of you as is aforesaid Such and as many good & Lawful men of the District aforesaid by whom the truth of the Premises may be better Known and Enquired of. And furthermore you are hereby required to appoint at Certain times and places as aforesaid of Such of the Inhabitants and planters residing and abiding in the Winter in the District aforesaid a proper Number of Constables and Other Ministers of Justice as is Necessary towards preserving the Peace and Quiet of His Majestys Subjects, provided always that you nor any Such person or persons, or any Other Officer or Minister so by you appointed do Presume or be Suffered to Act in Such Office Untill (sic) He or they have taken the Oaths Mentioned in Act passed in the First year of the reign of King George the First, Entitled an “Act for the better security of His Majestys Person and Goverment (sic) and the Succession of the Crown in the Heirs of the Late Princess Sophia being Protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his Open and Secret abettors” And in Act passed in the Sixth year of His present Majesty. Intituled (sic) an Act for Altering the Oath of Abjuration & the Assurance and for amending so much of an “Act of the Seventh year of Her Late Majesty Queen Anne, Intituled (sic) an “Act for the Improvement of the Union of the Two Kingdoms as after the time therein limited requires the delivery of Certain lists and copys (sic)

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Copies therein mentioned to persons indicted for high treason misprison of treason as also made and subscribed the declaration mentioned in an act of Parliament made in the twenty fifth year of the Reign of King Charles the Second entituled (sic) an act for preventing dangers which may happen from Popish Recusants and also have taken such proper oath and oaths as are usually taken in the kingdom of Great Britain by persons executing such offices and trusts which oaths and declarations you are jointly hereby authorized and impowered (sic) to administer and give to all and every person or persons that ought to take the same according to the laws and customs of Great Britain and that you nor either of you do any thing by virtue of these present Contrary or Repugnant to the act for encouraging the trade to Newfdland (sic) passed in the 10^th and 11^th years of the Reign of King William 3^rd nor in any manner obstruct the power thereby granted or given to the Admirals of Harbours or Captains of the ships of War or any other matter or thing either prescribed by the said act or by such instructions as you shall receive from me but that you and both of you and your inferior officers and ministers who you shall appoint amongst the planters or inhabitants residing and abiding in the district aforesaid are strictly required and enjoyned (sic) in all cases and times whensoever necessary to be aiding & assisting

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To the utmost of their power to the commander or commanders of His Majestys ships of war and to the several admirals in the Respective harbours in putting into execution the several good rules and orders prescribed by the said act for encouraging the trade to Newfdland (sic) and I require all and singular the planters and inhabitants of the district aforesaid to be observing, aiding and assistant to you or either of you and the officers appointed so by you appointed in preserving the peace and executing the power and authority herein contained as they will answer the contrary. Finally I have appointed you Alexander WILLSON Esq’r Keeper of the Rolls of the Peace in the said District, and therefore you shall cause to be brought before yourself and your said fellows at the said days and places the Writs,  Precepts, Processes and Indictments aforesaid that the same may be inspected and by a due course determined as aforesaid. In witness whereof I have hereunto affixed my hand and seal at St. Johns this seventh day of October 1783 and in the twenty third year of His Majestys reign.

(signed) Jn’o CAMPBELL

By command of the governor

(signed) A GRAHAM

A true copy enter’d this 31 day of Dec^r 1783 attested by Barnaby MOONEY clerk of the court

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Placentia, 31st December 1783

At a Court this day held by Virtue of the aforementioned Commission it was order’d that all Licenses Should be then given in, in Order that as many as was thought Necessary for this town might be renewed It was also agreed that W’m Barnaby MOONEY should do the duty of Clerk to the Court –

Thomas ROACH Planter Complained against Jn’o BOGE an Inhabitant for having pulled down and carried away part of the Fence of the house he lived in, the said Jn’o BOGE being Order’d to give his reasons for so doing said that on the seventeenth day of Sept last he had purchased that house from Robert GREY / Since deceased in presence of Barn’y MOONEY and Isaac BEST who being Sworn deposeth that they saw the late Rob’t GREY deliver to the said John BOGE the said house and premises which he was not to have in Possession Untill (sic) the first day of Nov’m following it being then Inhabited by Geo SALMON whose term would not be Expired until that time –

From the aforementioned agreement untill (sic) this time Rob’t GREY and Geo SALMON being deceased and John BOGE being gone to St. Johns on Some bussiness (sic) it appear’d that

 

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that Anastasia SALMON Wife to the Deceased George SALMON had rented the Said house to the aforementioned Thomas ROACH for three years to Commence from the 1st day of November last – Anastasia SALMON being Summoned was Orderd (sic) by the Court to produce her Authority for letting Said House to Thomas ROACH, said that she did it by Virtue of a Lease She held from the Aforesaid Decease’d Rob’t GREY being order’d to produce it said she could not then as it was at Paradise Where she intended living the Winter and from which place she was Just Come She was then Orderd (sic) to bring or Send it the first Opportunity and at the same time was asked if she had any Legal demand on the Deceased Rob’t GREY to which She answered in the Negative – And at the Same time said that she had paid or Accounted for three Pounds to Sam’l HARRISSON Agent for Joseph and Moses NEAVE of Little Placentia being the Rent due for said house for the first day of Nov’r last the said Sam’l HARRISON having taken upon himself  to pay all demands & Receive all the Debts of the said Rob’t GREY  deceased –

It was then Orderd by the Court that Thomas ROACH Should remain in the house and that if the lease when produced was agreeable to Anastasia SALMON’s Declaration he should remain in Possession during her time and that if no proper lease could be produced John

 

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John BOGE should be put in quiet possession agreeable to the deed of sales by him produced from the deceased Robert GREY.

It was also determined that the growing rent of the house should be paid into the hands of John BOGE provided he paid or caused to be paid a debt of four pounds due by the deceased Robert GREY to the widow of Simon LEGRIELY being part of the original purchase not paid by the deceased Rob’t GREY.

It was also determined that John BOGE should replace the picketts (sic) he had taken away from the house without loss of time and at the same time he was ordered to pay the fees of court.

At the same time it was determined in court that as the licences produced had been granted by surrogates they should be renewed free until next October only paying 5 s/ to the clerk of the court but all new licences should pay two guineas yearly which should be lodged in the hand of the Magistrates in order to raise a fund so much wanted to defray public expences (sic).

Mich’l NEAL appeared at court and presented a petition inclosing (sic) a licence granted him from His Majestys (sic) Justices of the Peace at St. Johns, (sic) at the same time setting forth that he had paid four guineas and a half praying he might

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have the same continued as he was obliged to leave St. Johns (sic) owing to the deadness of trade since the commencement of the peace.

The licence produced bearing date the 29^th day of April 1783 it was renewed till (sic) 29^th day of April 1784.  Patrick DWYRE & John BOGE applied for licence which was granted “till (sic) October next and ordered to be made out when the court adjourned until next summons.

(signed) Alex WILLSON JP

(signed) John BROWN JP

Know all men by these presents that I Rob’t GREY now of Placentia Surgeon, do hereby for myself my heirs, Executors, Administrators & Assigns sell all and every part of and belonging to my house that George SALMON now lives in with all the appurtenances thereunto belonging which house, yard, and garden I purchased from Simon LEGRIELY and do hereby and in witness hereof promise to deliver up the same unto John BOGE, his heirs Executors or Assigns on the first day of Nov’r next ensuing the date hereof in as full and ample a manner as it now is with all the fixtures thereon on delivery of which the said John BOGE do hereby for himself, his heirs, Executors and Assigns promise to pay unto Mr. GREY or his Assigns the true and lawful sum of ten pounds money of Great Britain.  In consideration of the full and true performance of

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of the above bargain and agreement each party interchangeably for themselves their heirs, executors, administrators, and assigns do by these presents bind themselves unto the other in the penal sum of twenty pounds Sterling in case either party should neglect performing their part as the true meaning of this article expresses. Otherwise this bond to be void and of non effect. In witness whereof we have interchangeably signed our hands and seals at Placentia where no stamps proper can be had this 17^th day of Sept on thousand seven hundred and eighty three.

 

Signed sealed, and deliver'd (sic) in presence of }                       Robt GREY  (place of seal)

Barney MOONEY                                                                    John BOGE  (do)

Isaac BEST                                                                               A. WILLSON

 

The contents and boundaries of the above being measured is as follows vizt adjoining Bruley Road, bearing north westerly 40 feet adjoining Thomas WHELAN’s garden south easterly 42 feet adjoining the road to Thomas WHELAN’s bearing east southerly 85 feet & joining Simon L GRIELEYs [GREELEY]’s garden bearing west northerly 85 feet

 

Entered the 23 Dec’r 1783

 

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Placentia January 3^rd 1784

 

At a court this day held wherein came on a cause between William LAMB plaintiff and Stephen FLINN (FLYNN) defendant

 

The plaintiff Wm LAMB set forth that Stephen FLINN (FLYNN) had marked a peice (sic) of beach at the back of his house for the purpose of building a house thereon which peice (sic) of beach Wm LAMB said he had aired fish on the last year and wished to keep it in possession for the same use.  The defendant Stephen FLINN (FLYNN) being asked for what purpose he intended building thereon said for the conveniency (sic) of erecting a dwelling house and cookroom.  The Court considering this dispute more particularly belong to the Fishing Admirals decision ordered twelve of the oldest inhabitants and planters to appear and being sworn were ordered to give their opinions whether ever they or any of them had known that peice (sic) of beach to be appropriated for the use of curing fish or whether they thought is a proper place to cure fish on.

 

The jury having gone and viewed the peice (sic) of beach in dispute shortly after returned and unanimously declared that they never knew it to have been made use of for curing fish & neither did they think it a fit place to cure fish on being surrounded with houses and fences on all sides.  Wm LAMB was then orderd (sic) to produce a brevet and having none nor never had any the court ordered him not to interfere with the s’d Stephen FLINN (FLYNN) in his building thereon, and then adjourned until next summons.

 

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 Placentia 3rd January 1784

The Contents and Boundaries being Measured of the within mentioned Beach Contains as follows Vizt

Fronting the S E end of Mr. COLLINS’s house bearing North by West 18 Feet fronting bay of Bruley Road S B E 63 feet fronting the Widow GROSSARDs Plantation W by S. 222 feet adjoining W’m LAMBs fence & and John MILLERs boundaries 216 feet E. by North

 

The aforesaid Beach was measured and a plan thereof By Barn’y MOONEY taken by desire of Mr Stephen FLINN [FLYNN]

 

William LAMB having built a House and inclosed a peice (sic) of ground part of which he says he purchased and is in the Quiet Possession of for near these five years last past and prayed the same might be Recorded which was Granted and Contains as follows – Vizt–

 

Adjoining John MILLERs & MEANS’ Plantation in a parallel line bearing N by West 93 feet with a peice (sic) of ground Jetting into the aforesaid Concerns N by West 58 feet one Side of said peice (sic) bearing E and by N. 45 feet And the opposite Side W and by S. 49 feet fronting the Road to Bay of Bruley from the Corner of his dwelling house 100 feet and 72 feet of an Angle in Common between him and MEANS Plantation in the Clear fronting his Dwelling house. Adjoining the Beach W and by S 153 feet along MEANS Plantation and the front of his House 100 feet –

 

The Same Measured and a plan taken by desire of W’m LAMB the day and date afores’d by me Barnaby MOONEY 3^d Jan^y 1784

                                                (signed) J BROWN JP by Order of the Surrogate

 

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John BOGE a Soldier lately discharged out of His Majestys First Battalion of Royal Artillery lately doing duty at this Fort humbly Prayed for liberty to build a house and inclose part of the Beach on the Southward side of the Road leading to the Bay of Bruley on Examining the same found it had never been Occupied nor is in any way Convenient for the Fishery it was Granted and Contains as follows Viz along Bruley Road Bearing North 200 feet Fronting the SWANS South 200 feet twelve feet distance for a Road between it and HUXFORDs Plantation bearing East 160 feet and fronting DIXON’s hill 160 feet

Measured and a plan taken by desire of John BOGE this 3’d Jan’y 1784

 

                                                                 (signed) Mr Barnaby MOONEY

 

George VIGUERS a boatkeeper having prayed to us for a grant for building a House and Cookroom on a peice (sic) of Waste ground & Beach Lying between Wm COLLINs Plantation and Mrs GROSSARDs fence and it Not being Convenient for or made use of for the Fishery nor no person Making any Claim to the Same it was granted and contains as follows

 

Martin KEILEY a boat keeper having prayed to us for liberty to build a house to live in a Cookroom and other Conveniencys (sic) for the use of the Fishery on a peice (sic) of Waste ground and beach adjoining and on the back

 

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back of a Concern now in the Possession of Mr Wm SAUNDERS and formerly built by a Lieut BRADY of the Royal Artillery and back of a House and Garden Lately built and Enclosed by Wm RYAN and no person having laid any claim to the same and it being out of the way of curing fish it was granted contains as follows vizt, Joining Wm RYANs fence and down to the lane at the corner of Matthew LAKEs house bearing N. By East 96 ft Joining the beach fronting the Swans bearing S and by W. 74 feet from the corner of Matthew LAKEs fence to Thomas WHALENs forge leaving a lane between them of 8 feet wide bearing W and by N.W. 158 feet along by Chris’r ST CROIX’s fence leaving a lane 12 feet Wide between them in order to have said lane Continued open to the Waterside bearing E and by S Easterly 146 feet ----

Measured and a plan taken by desire of Martin KIELRY Jan’y 3 1784

(signed) JP Barnaby MOONEY

 

Present Capt. Thos FARNHAM Sg’t WINCHELSEA Placentia Road 22d Aug 1784

By Virtue of the Power and Authority given to me.  I think fit to open a Court on board the said Ship on Receiving Complaints from Mr Alex WILLSON Justice of the Peace ------At a Court held at Placentia Dec the 31^st 1783

It appears on record that Two Pounds two Shillings was levyd (sic) on licences The money being appropriated to Such necessary purposes I do thereby approve and confirm the said order but for the future no

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No Publick tax to be levyed / only for the time being / Without the Knowledge of the Governor or his Surrogate for this district

Aug 25^th 1784 Nicholas BUCK came before me and made Complaint of Mich’l WELSH and John ROACH and having Examined the evidences of both Sides and maturely considered the whole find the charge in part proved

I do therefore Order Nich’s BUCK their master to pay the said Mich’l WELSH and John ROACH Four Pounds four Shillings Sterling each in good bills or Cash and to be lodged in the hands of Mr. WILLSON His Majestys Justice of peace. So as to enable them to return home----------------

At the same time Came before me Cha’s DOYLE Complaining of Ja’s CONNELLY, Mich’l FARRELL and Henry KENNEDY and having examined Witnesses on both sides and the charge being clearly proved, I do therefore hereby Order James CONNELLY to Receive thirty lashes on his bare back at The whipping post onshore and to be brought back to the ship again Mich’l FARRELL Twenty and Henry KENNEDY Twelve----I do further order Cha’s DOYLE for whoever has Received the produce of his Voyage and Effects to buy or give Security to Alex’r WILLSON Esq’r the sum of Four Pounds each to enable them to return home in the first passage ship -------

Rec’d Petition from James HAGGARTHY which appears very frivolous Ordered Nich’s BUCK [BURKE] to deliver him his Cloathing (sic) and the said James

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HAGGARTHY to give good security for the debt due to the said Nicholas BUCK His Majestys Justices of the Peace are hereby required to give information to the Surrogate next year should any of the inhabitants within their District attempt to carry on any trade with the inhabitants of S^t Peters or Miquelon contrary to Act of Parliament Sept 4 1784 His Majestys ship being wanted for other services no more courts will be held aboard but His Majestys Justices of the Peace for this Port are hereby ordered and directed to open court the first day of October and continue it once or twice a week (if necessary) till the 10th of Nov. and they are likewise desired to see the said Orders fully complyed (sic) with and to read the same publickly (sic) the first ensuing court day

True copys (sic) from the minutes

(signed) Tho^s FARNHAM

(signed) Mr COUSINS blk

These are to certify that John BROWN Esq’r came before me and took the oaths prescribed for a Justice of Peace for the district of Placentia bay this 7th Sept 1784

(signed) Tho’s FARNHAM Sgt

Friday Placentia 1st day of Oct 1784

At a Court held this day Complaint made by the Servants of Nich’s BUCK Concerning their wages as it appeared Mr Wm GADEN of St Johns had the fish & oil it was settled for said GADEN to pay the Servants Wages

(signed) J BROWN JP

No other complaints being produced the court ajournd (sic) till next Summons

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Placentia Friday 8th Oct’r 1784

At a Court held this day a Complaint made by John LONG that John CORBIN who has ships said John LONG to serve him as a fisherman which he had performed as appear'd by agreements s’d  CORBIN would not pay s’d LONG the Wages as was mention'd in his shipping paper s’d LONG being summon'd as also John CORBIN s’d Master to inquire the reasons he had to allege against not paying said LONGs Wages s’d CORBIN alledged (sic) that a Complaint being made by s’d LONGs boatsmaster that s’d LONG refusing to do what the Boatsmaster Orderd (sic) him and threatening to throw s’d Boatsmaster overboard was the reason of s’d CORBINs refusing to pay him the ballance (sic) of his Wages, Sending for the boatsmaster and Crew of the s’d Boat finding that what the Master had alledged (sic) against them meaning CORBIN to be false after Examining the Evidence both sides summoning up the evidence finding the Employer in the Wrong after swearing the Boats Master and crew that the above  report was false made said CORBIN pay the Wages meaning the ballance (sic) due to said LONG -

No more Complaints being made the Court adjournd (sic) till next Summons

(signed) John BROWN J Peace

Placentia Friday 15th Oct 1784

The Court held in Obedience of the Governors Request from St Johns to settle the Complaint made to him at St Johns by Joan KELLY against John CULLIN According to her representation to the Gov’r was for wages, finding there was no agreement s’d KELLY confessing she never had any agreement, s’d CULLIN owning she had lived with him some had behaved very bad some part of the time had offerd (sic) to send her home to Irland (sic) and pay her expenses

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Ordering a Sum of Money to be paid her to the Am’t of Twenty Pounds on her Arrival in Ireland whereunto she belonged which offer she refused ask’d her if she could produce any person that would or could speak in her behalf she Ans’d she could not. Finding no person could be found to give her a good Character proposed to her to fix upon any person of her choosing in Placentia and I would ask CULLIN if he was willing to abide by his or their decission (sic) if he would I thought it would be the best way to settle it, both parties agreed it was Settled: CULLIN should give her Twenty Pounds on her arrival in Ireland her Passage free

(Signed) John BROWN J.P.

Placentia Friday 22’d Oct 1784

At a Court held this day no Complaints being made Worthy of a recital in the Book Adjourned the Court till the next Summons

(Signed) Jn BROWN J.P.

Placentia Friday 29^th Oct 1784

At a Court held this day, a Complaint made by the Servants of And’w FORRESTALL & Co that Mr Wm GADEN had taken their fish refused to pay their Wages. Summoned Mr. George GADEN agent for said Wm GADEN and Servants of s’d FORRESTALL the better to come at the truth on both sides asking GADEN the reason of his refusal to pay the Servants Wages after Receiving the fish on board the Vessel Ans’d ---- had he had all the Voyage Fish and Oil would have paid the Wages. Settled according to the proportionable part of the Voyage that he had received must pay Servants their proportionable part of their Wages s’d GADEN s’d he had no right to do that as they fell in debt to his father

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No Excuse it was Settled was accordingly to be fulfilled. Adjourned the Court till next Summons

(Signed) Jn’o BROWN JP.

Placentia Friday 5^th Nov’r 1784

At a Court held this day a Complaint made by Martin KIELEY that he had offered all the fish and oil that had been caught by s’d KIELEYs people during the Voyage to Mr Geo. GADEN agent for Wm GADEN on Condition that if he should take the fish and oil for s’d GADEN to pay or cause to be paid the Serv’ts wages s’d GADEN refusing to pay the Serv’ts Wages the Servants refused likewise the Employer giving or delivering the Fish and Oil to said GADEN on which hearing the partys on both sides and Maturely deliberating on the said affair now under Consideration. Orderd (sic) all the said Voyage to be sold and the Serv’ts Wages to be paid and what was left if any after paying said Servants to be delivered to the s’d GADEN who had supplied said KIELEY for the present Voyage - The Court Adjourn’d till next Summons

(signed) Jn’o BROWN JP.

Placentia Thursday 10^th Nov’r 1784

At a Court held this day - no Complaints worthy a recital in this Book the Court adjourned till next Summons.

(signed) J Brown JP

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???? Placentia Head 10^th Sep't 1785

 

No complaint being made which I think necessary to call a court for an insert in this book and the ship being wanted for other service I do therefore hereby order and direct his majesty's justice of the peace to summons a court the 1^st day of October next and to be continued from time to time as occasion may require till the 10^th day of November next. 

 

And whereas it has been represented to me that the court house at this place has frequently been appropriated to divers uses contrary to the intention and purpose it was erected for by which means it has been much defaced the windows broke and furniture lost I do therefore hereby order his majesty's justice of the peace not to suffer any other use to be made of the said court house than that it was originally erected for excepting the temporary indulgence the magistrate thought proper to give to the catholic priest till a place can be provided for that purpose and no longer

 

(signed) Thos. FURHAM

 

To Jn’o BROWN, Esq., Justice of the Peace, Placentia

 

Extract of a letter from his majestys consul at ???? to his exellency governor CAMPBELL dated the 23 of July 1785.

 

The court of Spain about a month ago concluded a truce / equivalent to a peace with the Regency of Algiers an immediate consequence has

 

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has been a swarm of their cruizers (sic) issuing into the ocean when they doubtless will incommode the Portuguese, Americans and all others they are not at peace with.  Three of their cruizers (sic) have stationed themselves from Cape St. Clement to Cape St. Mary and I am confident others have gone to the Western Islands and of Cape Finistierre.  I think it is proper to communicate this intelligence to you to prevent in as far as you can any British vessels navigating for the southern ports of Europe without passes as the danger is and will be great.

 

St. John's Newfoundland 5^th Sept 1785

Published by order of the governor

(signed) A GRAHAM

 

            By his Exellency Jn’o CAMPBELL, Esq’r Governor and Commander in Cheif (sic) in and over the island of Newfoundland.

 

            Notice is hereby given that the general assizes for the tryal (sic) of felons by Oyer and Terminer will be held at the court house in St. John's on Monday 26^th Sept.  Inst.

 

(signed) Jn’o CAMPBELL

 

By command of his excellency A GRAHAM

 

I hereby nominate, constitute and appoint you Wm. RYAN Clerk of the Court with all the fees thereunto annexed strictly enjoying every person to obey you as such.  Given under my hand at the Court House Placentia 26^th Oct 1785

(signed) A WILLSON

JP & Custos Notutarum

 

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The above mentioned Wm RYAN took the oaths prescribed before me

(signed) A WILLSON JP

At a general quarter sessions of the peace held this 26^th day of October by his majestys justices of the peace for this district the court being opend(sic) & jury empannel’d(sic) the following causes came on Vizt

Maurice FRANCIS against Mich’l RYAN for a debt contracted by said RYANs wife with said FRANCIS’s wife which acc’t said FRAN’S produced acknowledged by said RYANs wife, the jury considering the complaint for some time gave in their verdict on favour of the complainant and the said RYAN was ordered to pay the acc’t

George SHUTTER against John VIGUERS setting forth that the said VIGUERS had in his possession a looking glass which said George SHUTTER claims as his property the evidences on both sides being duly sworn and examined the jury retired and brought in a verdict in favour of the defendant it was ordered that the said Jn’o VIGUERS should keep possession of the looking glass aforesaid

Ja’s ROACH of Paradise planter complains that Mr Sam’l HARRISON agent at Little Placentia for Joseph and Moses NEAVE Merch’t of Poole has refused complying with a written agreement made last fall between him and the said James ROACH & Saml(sic) HARRISON aforesaid respecting a boats fishing room situated in little Paradise and lately occupied by Wm MALLOWNEY (MALONEY)  Also that the said Sam’l HARRISSON now has possession of a fishing room situated in Little Placentia the property of said ROACH’S

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Roach’s father by a will produced in his favor by Anustatia (sic) DUMPHY to which complaints the Sam’l HARRISSON was ordered to attend on Friday next by summons -------- A commission was read appointing Alex’r WILLSON Esq’r Naval Officer for the ports of Great and Little Placentia and it was ordered that all licences for keeping taverns should be delivered in on or before the 10^th day of Nov’r next that such as are needful may be renewed.

(signed) Alex’r WILLSON

(signed) Jn’o BROWN JP

A general quarter sessions of the peace being held this 27^th Oct 1785 and no complaints set forth the sessions was adjourned to Friday the 28^th  Ins’t at 11 oclock when no complaints being made the court was adjourned until next summons

(signed) A WILLSON

Know all men by these presents that I Henry HUXFORD of Placentia in Newfdland planter for and consideration of the sum of forty three pounds of lawful British money by Rich’d WELSH of Placentia aforesaid Merch’t to me in hand well and truly contented and paid the receipt whereof I do hereby acknowledge have granted, bargained sold and delivered and in and by these presents do grant. Bargain sell and deliver unto the said Richard WELSH his heirs and assigns all that one plantation consisting of a dwelling house, garden and yard now or late in the possession of me

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and Henry HUXFORD aforesaid and every part or parcel of the said plantation on which I ever held and enjoyed with the same or any part thereof with the Appurtenances situate on the Great Beach on the left side of the Road leading to Bruley.  To have and to hold all and singular the bargained and sold premises with the appurtenances and every part and parcel thereof unto the said Rich'd WELSH his heirs and Assigns forever and the said Henry HUXFORD doth hereby for himself his heirs Exe'rs and adm'rs covenant promise and grant to & with the said Rich'd WELSH his heirs and Ex'rs and Adm'rs that it shall and may be lawful to & for the said Rich'd WELSH and heirs and Assigns quietly & peaceably to hold and enjoy the said Granted & sold premises with the Appurtenance for or notwithstanding him the s'd Henry HUXFORD his heirs Ex'rs. Adm'rs or assigns or any person or persons whatsoever lawfully claiming or to claim by from or under him them or any or either of them.

 

In Witness whereof I have hereunto set my hand and Seal this 6th day of May in the year of our Lord 1762 sealed and delivered at Placentia afores'd.

                                                                 

(signed) Henry HUXFORD

 

 Where no stamp paper is to be had in presence of us

 

                                                    (signed) Andrew LEMERCIER

                                                    (signed) Rob't EDGECUMBE

                                                                                                               

Recorded A. WILLSON

Cust'sm Rotutorum

 

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194

 

In consideration of twenty pounds paid us from the collection of money given by the people in our Employ towards building a Chapel, We make over to the Reverend Edmund BURKE the within peice (sic) of Land as there mentioned to him and his Assigns forever. In witness whereof we have set our hands and seals this 29th Day of Oct'r 1785.

 

Witness

(signed) James OAKLEY                                                               (signed)  Wm. SAUNDERS & Co.

 

(signed) P. SWEETMAN                                                        Recorded A. WILLSON Cus't Rotutorum  

 

This Agreement witnesseth that I John BOGGS in consideration of Fifteen pounds paid me by William SAUNDERS and Co. of Placentia the receipt of which I do hereby Acknowledge to bargain sell & make over unto the Reverend Mr. BURKE all my Rights Title and Interest to a House erected on a peice (sic) of ground in dispute between me & Mr. SAUNDERS & Co. But in consideration of the above sum of fifteen pounds I relinquish forever and made over to the said Mr Edmund BURKE his heirs & Assigns all my Rights Title and Interest, I have or had in the said House or land in Witness my hand and seal at Placentia 27th Oct. 1785.

 

Witness

(signed) T. SAUNDERS                                                                            (signed) John BOGGS

 

(signed) James DOWNES                                                                           Recorded A. WILLSON

                                                                                                                     Cust's Rotutorum

 

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By his Excellency John ELLIOTT Esq. Governor and Commander in Chief in and over the Island of Newfoundland &c &c &c

 

By virtue of the power and authority given to me I do hereby constitute and appoint you His Royal Highness Prince William Henry to be my deputy or surrogate with full power and authority to assemble courts in the Island of Newfoundland to enquire into all such complaints as shall be brought before you / except such are excepted in the instructions annex’d and to hear and determine the same to all intents and purposes as I myself might or could do by virtue of the power and authority vested in me you have likewise power and authority to seize and detain in order to proceed to condemnation all unacostomed (sic), prohibited or run goods that may be found in the said Island and I do give and grant unto you the s’d Prince William Henry full power and authority to administer the several oaths to any person or persons you shall think fit agreeable to the several acts of parliament made in that behalf and I strictly enjoin all Admirals of harbours all Justices of Peace all officers civil and military and all other his Majesteys (sic) leige (sic) subjects to be aiding and assisting to you the said Prince William Henry and to obey and put in execution all such lawful orders as you shall give unto them as I myself might or could do by virtue of the power and authority vested in me.

 

Given under my hand & seal the 12^th Ap'l 1786

by His Excellency's command

(signed) A. GRAHAM 

(signed) Jn’o ELLIOT

 

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Placentia & Newfoundland 20^th July 1786

 

At a court held this day a commission was read appointing his Royal Highness Prince William Henry surrogate to his Excellency John ELLIOTT Esq. Gov'r and Commander in cheif (sic) in & over the Island of Newfoundland &c &c

 

Present His Roy'l Highness Prince William Henry

Alex’r WILLSON

Jn’o BROWN

Wm Tho's SAUNDERS and the

Principal Inhabitants

 

The court being opened it was order'd that all complaints should be made in writing and that all licences granted by any former surrogate or justices of the peace should be delivered up next court day in order that a sufficient number of them might be renewed  It appearing on record that toleration had been granted to a Catholick (sic) Preist (sic) to say mass in the public courthouse which being improper and the time otherwise fully sufficient to have erected a chappel (sic) for that purpose it was therefore order’d that in future he should not be allowed that privilege and the cheif (sic) magistrate directed to prevent the court house being put to any other use than that of transacting public business. No complaints being presented the court adjourned until Tuesday next the 26^th Ins’t

 

(signed) William

 

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Tuesday, July the 25^th, 1786

Petition of William LAMB Boatkeeper setting forth that a house had been built on a spot of beach adjoining his dwelling house whereon for four years bygone said LAMB had made his fish. Finding the petition to be just and that the house was built without leave from the Governor or approbation of the Chief Magistrate it was ordered to be taken down and kept vacant for the purpose of making fish thereon and to prevent complaints of the like nature in future it is order’d that no person or persons whatsoever shall build or cause to be built any house or houses that may be detrimental to the making of the inhabitants fish and it is the intention of Government to prevent as much as possible this Island being inhabited and for the better preventing such unlawful liberties for the future it is hereby ordered that no person shall build any dwelling house except such as are authorized by original breviate without first obtaining a certificate from the Chief Magistrate that the place whereon they intend to build is not detrimental to the fishery and afterwards obtaining permission of the Gov’r of the Island or his surrogate in writing for that purpose.

Petition of John BOGGS praying a breviate might be granted him for a piece of beach hitherto unocupied (sic) by any person in this harbour it was granted to the said BOGGS while he should continue to keep a boat or

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or boats.  It is however to be observed that this grant does not extend to make the above mentioned beach

assignable or to go by inheritance but to be held as long as the property of the said BOGGS than (sic) he shall continue to keep a boat or boats in the harbour of Placentia.

 

Complaint of Mary MERCER against Chr’s STCROIX for shooting a pig with young the property of said Mary MERCER.  STCROIX being desired to answer the complaint said that he had repeatedly found the pig in his garden which was near the house of said Mary MERCER and being asked where the pig was when he shot it he said it was not in his enclosure but near the house of s’d Mary MERCER.  It was ordered to be settled next court.

 

The licences for selling liquors were believed in order to be renewed next court day and the inkeepers (sic) informed that they should pay two pound sterling each for their licence. The number of licences were renewed to seven and the money ordered to be lodged in the hands of the Chief Magistrate in order to keep in a state of repair the courthouse and goal (sic) and to be appropriated by him to such other publick (sic) uses as may appear most necessary and the expenditure thereof accounted for to the next surrogate.

 

The former Constables STCROIX and MURPHY were relieved & Jn’o MILLER, William COLLINS and John BOGGS were regularly sworn into the office of Constables for the succeeding year.

 

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Having Inquired of the Roman Catholick (sic) priest and being informed that he was gone to Little Placentia the chief magistrate was desired to order him to attend the court on Friday next at 12 Oclock.

Petition of Phillip BERTAUT setting forth that he was prevented by Alex WILLSON Esq’r from making his fish on a point of beach at the north side of this harbour and whereon he had made a great part of his fish last summer and requesting to know whither he could be prevented from making his fish there. The above memorial refer’d untill (sic) next day and the said Philip BARTOUT ordered to attend.

(signed) WILLIAM

 

Friday July 28 1786

The memorial of Richard SPRUHAN setting forth that he had shipt (sic) John MULLOWNY as a mid shipman and that he said MULLOWNY had not been willing or able to perform his duty to prove which SPRUHAN produced his boats master and one of the crew who being sworn that he had not fully discharged the duty of a midsshipmen but had occasionally disputed with the ships master.  MULLOWNEY being ordered to answer to the complaint refer’d to several respectable people in the court for a character who all agreed to his being a good and obedient servant. It was order’d that MULLOWNEY should receive his wages.

Ja’s ROACH produced a Breviate for a piece of beach situated in Little Placentia and now in possession of Sam’l HARRISSON agent for Joseph and Moses NEAVES merch

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from Poole refer’d until next court and the said Mr Sam’l HARRISSON ordered to attend.

The memorial of John MILLER praying licence may be granted him for selling liquor and finding upon enquiry that said MILLER was a sober and industrious man a licence was granted him.

The memorial of Philip BERTARES presented last court day was enquired into and it was found that he had not made fish upon the point set forth in his memorial nor did it appear ever to have been a ships fishing room it was therefore refer’d to the Gov’r of the Island

The petition of Jeffery FLINN praying that he might have a certificate granted to him for a piece of beach situated at the swans hitherto unoccupied by any one it was granted and he was allowed to keep possession of the same until it was demanded by a fishing ship.

John MILLERs complaint against John MURPHY setting forth that he had been prevented from making fish behind his own house on the beach MURPHY being desired to answer the complaint said he rented to same from Mr SAUNDERS who being present declared he had a breviate for it the complaint was therefore dismissed.

Chris’r ST CROIX was ordered to pay ten shillings and six pence for illegally killing mary MERCERs pig and the following licences were issued to John VIGUERS, W’m COLLINS, John BOGGS, Chris ST CROIX, John MURPHY and John MILLER.

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The Court was adjourned Until the Tuesday Next the first of Aug’t and all those having any business depending Were Ordered to attend,

The Roman Catholick (sic) Priest attended in Court and was Asked by what Authority he was building the Chapel said by leave of his Excellency Gov’r CAMPBELL being Ordered to produce it said it was granted by Letter to Wm SAUNDERS last fall who was now in England he was asked Whether he had shown that Authority to the Magistrate said he had not but had informed Capt FARNHAM of his Majestys ship Winchelsea who told him he had no objections

(signed) WILLIAM

Samuel HARRISSON agent for Jos’h & Moses NEAVES Merchants of Poole attended at Court agreeable to Summons and said that for 16 years by gone his owners had enjoyed a peaceable and quiet possession of that Room and Called upon Mr Sam’l COLBORNE who had been agent for his Owners some years before and on being asked what he knew respecting the fishing Room in Dispute said that 19 years ago he was agent for Joseph and Moses NEAVES when they improved and Built on the Room Which was then entirely Vacant and further that he had never known any Person or persons Whatsoever Claims any right to that fishing room It was Ordered that Sam’l HARRISSON should on behalf of his owners Enjoy Quiet possession of said Room

Turn over

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Robert CONWAYS petition praying a licence may be granted him for selling liquor on enquiring he was found to be a single man and it was ordered he should not have a licence. John MORANs petition praying a licence may be granted him for selling liquor on enquiry it was found that said MORAN was a quiet and industrious man and a licence was granted.

Mrs. BLANCHE’S licence for selling liquor was renewed she being absent from the harbour on the day which the licence was Ordered on.

Sarah ST. CROIX petition against Alex’r WILLSON Esq’r was defined as trifling and litigious.

Thomas MOCKLER’S petition setting forth that he had been shipped in St Johns to serve Alex’r WILLSON Esq’r for two summers and one winter and that he had been dismissed four months after his Entering to his Service also setting forth that when he applied to said Alex’r WILLSON to settle with him he was threatened to be floged (sic) he was desired to produce some person who was present when he was dismissed by said Alex’r WILLSON Esq’r saying that James DOYLE was the only person present. He was Immediately sent for by a Constable and being sworn said he was present and that he heard Mr. WILLSON ask that MOCKLER whether he thought he was able to stand the Labour of this Country who replyed he did believe he could not but said he had some freinds (sic) in St Johns with whom he wished to be and that they would support him the said petition also

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set forth that he had not Received his Wages due from Mr WILLSON who being Order’d to Answer the Complaint produced an Acct whereby it appeared he had paid money and advanced Necessaries to the said MOCKLER amounting to £ 8-14-(s)-2(d) part of which Acct was objected to by the said MOCKLER and on being adjusted the said Alex’r WILLSON stood D’r to MOCKLER one shilling which he was order’d to pay immediately  MOCKLER was order’d to produce his witness of Mr WILLSON having said he would Flog him if he mentioned his name in Court said his Master Cristo’r ST CROIX was present who was sent for immediately and being sworn said he never heard Mr WILLSON make use of that Language.  Mr WILLSON being asked if he had anything to advance said that MOCKLER had on several occasions been very impertinent to him and rather disposed to be insolent  Mr WILLSON was therefore desired to produce evidence of  MOCKLERs insolence said he wished to decline making any complaint against him but notwithstanding he was desired to produce an evidence Next Court day and MOCKLER was ordered to attend 

 

The Court was then adjourned untill (sic) the 3d of August and Publick (sic) Notice given that in future three Courts would be held every Week on Tuesdays Thursdays & Saturdays

 

(signed) WILLIAM

 

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Andrew FORRESTs Memorial setting forth that he had built a house upon a Peice (sic) of Beach adjoining the house of Wm LAMB and praying leave to inclose for a garden the peice (sic) of Beach ordered on a former Court day to be left vacant for the purpose of making fish thereon.  it was refused and the house order’d to be taken down

 

The Memorial of Stephen FLINN (FLYNN) setting forth that he had measured the Contents of a Vacant peice (sic) of Beech (sic) and praying that a pathway might be granted him thro’ some inclosures in the Front of it & Praying it might be recorded for his use it was refer’d untill (sic) next Court day and Wm SAUNDERS orderd to attend.   The Petition of William LAMB praying he might have his leave continued for making fish on the peice (sic) of Beach whereon the houses had been built and praying the same might be register’d it was refer’d untill (sic) next Court day

 

Whereas a Number of Applications have been made to me by the Inhabitants and Bye Boatkeepers for leave to Build houses and Grants for peices (sic) of Beach  I have absolutely refused the first and in order to prevent quarrelling and disturbance amongst the Inhabitants & Bye Boatkeepers have order’d certain Fronts to be measured from the Water side & allotted according to the Number of Boats kept by each Man on a part of the Beach not wanted by fishing ships

 

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Continue only Untill (sic) his Excellency the Governors of the Islands pleasure is known No more Complaints being presented the Court adjourned Untill (sic) Saturday next

(signed) WILLIAM

Saturday Aug^t 5^th 1786

The People who had Memorialed for BEECH attended and were informed that their Respective distances for the front of the beach would be alloted and that Business finally adjusted Next Court day when they were all ord,r’d to attend it Vizt Stephen FLINN [FLYNN]. Jeffery FLINN [FLYNN]. Mich’l MITCHEL & John BOGGS, John MURPHY’S Complaint against W WILLSON was dismissed as frivolous No other Complaints being produced the Court was adjourn’d Untill (sic) Tuesday Next

                                                                  (signed) WILLIAM

                                                            Saturday Aug^t 5th 1786

The house and garden belonging to Garrett RIELEY [RILEY] that he has been in quiet Possession of for this 14 Years last prays and Now Requests that it might be recorded for the good of his family having a very large one and being presented to the Surrogate by John BROWN Esq’R Justice Peace Orderd to be Recorded the boundaries as follows Bounded on the N by Moses NEAVES house on the East by Mathew LAKEs and Martin KIELEYs on the South by the Common path leading West to the Beach and the West by the JEWELLs plantation a garden the forepart of the house 19 yds  in Length 11 feet in breadth the house and garden at the back belonging to it is 56 yds in Length the Breadth 13 ½ yards

                                 (signed) John BROWN Chief Justice and Keeper of the Records

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                                                            Sunday 6^th Aug^t 1786

A Roit (sic) happening on Shore about 4 oClock in the afternoon and the Cheif (sic) Majistrate (sic) attending to Suppress it apprehended the Ringleader and Order’d a Constable to take him into Custody and Commit him to Goal (sic) the fellow Offer’d Voilence (sic) to the Constable who would get no assistance from the by Standers tho Requested by the Majistrate (sic) thro(sic) which means the Roiter (sic) made his escape The Majistrate (sic) immediately waited on His Royal Highness Prince William Henry and reported the business who immediately came on Shore with a Guard of Marines apprehended the man called a Court and he was Order’d to Receive one hundred lashes at the Usual place of Punishment on Shore 80 of which were Immediately given him being thought as many as he Could with safety Receive at that time after which he was Order’d to be Confined on Board of His Majesty’s Ship Pegassus (sic) untill (sic) further enquiry was made into his Conduct

                                                            (signed) WILLIAM

A Complaint made as follows SHARP of Oderin against his Men John CONNERS for running away in the midst of the hurry of Business in the fishery both parties being Summoned and the Case Minutely inquired into CONNERS Order’d to Receive 39 lashes on his bare back the fellow being Penitent and the Master declaring it was the first Offence after many years Servitude the s’d CONNERS Excused By Order of His Royal Highness

                                                            (signed) Jn’o BROWN J.P

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By His Royal Highness Prince William Henry Captain of His Majesteys (sic) ship Pegasus and deputy to his Excellency Jn’o ELLIOTT Es’rq Governor and Commander in Chief in and over the Island of Newfoundland &c &c &c

 

I do hereby order and command that no person whatsoever shall build or cause to be built any house or houses or mark out any ground under any pretence whatsoever without a certificate from the Chief Magistrate and Keeper of the Records should any person dare presume to do it the building to be taken down and the person daring so to offend to be fined and imprisoned till he shall pay the fine (except such as are authorized by original breviates and they are to be produce to the Cheif (sic) Majistrate (sic).

 

Given under my hand at the Court House Placentia this 25 July 1786

 

(signed) WILLIAM

 

By order of his Highness J BROWN  J Peace

A true copy

 

 

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These are to certify that the foregoing is a true and corret (sic) copy of the original Record Book of Placentia No 2 commencing on the 13^th day of September 1757 and ending on the 25^th day of July 1786

 

(signed) Josiah BLACKBURN J.P.

 

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Stereoscopic pictures present scenes to our view with the same appearance as if the reality were present.  This book may be compared with them; it affords us a few glimpses into the habits customs and history of “Auld Lang Syne” and in reading it; it seems so realistic that one feels as if he were present at the incidents recorded’ it is difficult to realize that they have so long become a part of the dead past.  Though lacking the interest that attaches to the original in point of antiquity and some other respects yet for its own sake it is worthy of preservation.  It has already attained a venerable age; it must be nearly 80 years ago at the least since it was written and may possibly be more.  Justice Blackburns time was in the beginning of this century.

 

            This book has a peculiar interest for me from the circumstances under which I became possessed of it. I rescued it from an ignominious and untimely end to survive I hope until after generations now unborn shall have passed away, to that end I mean to treasure it with religious care while in my possession; may it fall into worthy hands afterwards.

 

            To utilize the few spare pages left I may as well tell how this and some other interesting papers came into my possession’ and for the benefit of some future reader I will then give a sketch as far as space permits of affairs in general at the present time or I should way of human nature as it is in Newfoundland.

 

            On one of the coldest days of a cold winter (February 3rd 1883) myself and an apprentice were sent to the Colonial Building to put up some stove-pipe in the messengers room. (The Legislature was to sit in a few days).  While engaged in this we had recourse to a small room above where we were obliged to use candles as there was no access of daylight to it.  Here we discovered a mass of books and papers and various odds and ends mixed up in the greatest confusion the whole covered with soot, dust, and dirt, many of them were trampled and torn and the uppermost bore marks of having been trodden on.  Evidently they had been thrown there as waste paper and their ultimate fate would probably be to light the fires.  We paid no attention to them at first but some of them were dangerously near the stovepipe and in removing them I happened to look a little closely at one and finding that it

 

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Related to public affairs of sixty or seventy years ago my curiosity was excited; we made search and soon discovered some which is thought worthy of a better place. These old records were the first selection as it happened to be at hand and its binding made it conspicuous. We then determined to examine the whole lot but first shoved them through the stovepipe hole in the ceiling up to the attic. Here secure from observation or interruption we sat shivering the entire day looking into the papers (there were enough to fill a cart) and selecting such as were of interest, the proportion of the latter was small however. The earliest date was 1751 the latest I think was 1848 but the most of them were court records of petty cases which we rejected. Poor Jack did not want any for himself but assisted me nobly though but a boy his judgement was good and nearly all the papers he submitted to me were worthy of preservation. Dear reader of the future should you wish to invoke a blessing on his name it was “Jack DONELLY.” We had a liberal supply of candles for which our employers charged the government three for one. I said I rescued the papers but if any of our over zealous officials were aware of the circumstances the offended majesty of the law would say that I stole them, I would be severely punished, the papers would be taken from me and again thrown into the same hole and left to rot forgotten or come to a more speedy end by being utilized as kindling. It would no doubt be difficult to convince any one of the justifiableness of defrauding the colony of the time which we took to ourselves and the candles we used and I will not attempt it but I may mention a few facts in extenuation and this leads me into the subject of which I promised to give a sketch; our social and publick (sic) conditions, or human nature as it is in this country.

 

An honest politician would have no chance being elected a second time in he would not succeed in pleasing any of the factions, as on some point or another his principles would come into conflict with all, and the masses are too ignorant to appreciate a good man, it is thus that the country’s affairs have fallen into the hands of a set of hungry lawyers and adventurers who though they quarrel amongst themselves like other beasts of prey and supplant each other whenever possible, yet combine on one point and that is to inflame the ignorant bigotry of the multitude and put the different sections against each other, thus diverting their attention from the most glaring abuses in public service (in every department). Meanwhile they plan and scheme how to enslave still further, the ignorant fools they are hounding on. If a good measure is ever brought before the legislation it is not for its own sake but to gain popularity. Many measures, injurious To the country at large are carried because they are popular with a certain

 

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class and many good measures are suppressed because they do not dovetail into the scheming policy of certain influential classes

 

The tradesmen and shopkeepers in St. Johns tend to make matters worse by spreading lies and false reports and sowing discord amongst the people of the outports, with an eye to their own advantage in trade, unfortunately they succeed too well. This is what we call liberty and the blessings of freedom. Whether any of our government officials pay their private bills I do not know but I certainly know that some of them do not, and the tradesmen make up the deficiency by a general system of dishonesty towards their workmen and their customers at every opportunity, and by overcharging on the public accounts.  Indeed they manage to pay themselves on the double, for their bills must be outrageous if the said officials will not pass them. When I consider the general corruption my conscience does not afflict me for the trifle comparatively trifling share I had in it (only four days. We were three days actually at work which with the other four made seven but our employer charged the colony for 21 days I think but am not quite certain, however I believe the rule was to multiply by 3, though much was left to the option of the tradesman but the use of too high a multiplier might draw the attention of the opposition and provoke a discussion.

 

(Dear reader of the future (I suppose that you are living in an age when this and every species of vice shall have passed away) were I to tell you all I know and to go into details it would cause your hair to stand on end, yet I have no doubt, it is but a trifle compared to that which I do not know, but I will spare myself the pain; we will leave the subject where it is and turn our minds to happier thoughts in the remaining space

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.