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No. 3 PAGE BREAK Sunday 8 August 1786 6th August 1786 Inclosed (sic) you have the affidavit of a poor woman that has been beat, bruised & most inhumanly used by a man belonging to Mess'n W'm SPURRIER & Son, the purport of which I infer you to, and as the woman & husband, are going with this I the assessor, need no mention of any particulars concerning the affair, as there was no witness present during the fray. I am with Mr. DURRELL's compliments. Your most obedient H'ble Servant. Joseph HOOKEY. To Alexander WILSON Esqr. Placentia. Burin 3 August 1786 I Catherine BAKER do hereby swear by the Holy Evangelist before the lord of the Harbour, and undermentioned people in the court held here, that on Monday the thirty first day of July in the evening Michael MAGUIRE came into my house, and brought with him a bottle of rum, and after asking me PAGE BREAK
to drink with him, which I refused, I desired him to leave the House, he beat & bruised me to a violent degree, after which I took up a hatchet in defence of my life. Mr. MAGUIRE seized on & dragged me through the fire, and burn (sic) my arm, and would not quit the house till after daylight wherein I remain in dread of my life Sworn before us: Joseph HOOKEY Lord of Burin Harbour Robt. F. DURRELL Geo. VIGUERS Thursday 10 Aug. 1786 The Court met & the following people were sworn in -
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Thomas WHELAND [WHELAN] acting Smith to the Office of Ordnance was ordered to take the oath and on being asked whether he was a Roman or Protestant, said he did not know on which the Catholic Priest said, he had administered the Sacrament to him, WHELAND [WHELAN] was ordered to appear the next court day and all the inhabitants who could not attend that day & also those of Little Placentia and Point Verd were ordered to attend. No complaints being presented the court adjourned until Thursday. (signed) WILLIAM Saturday 12 August 1786 The court mett (sic) and the following people were sworn in & those who could not attend, or were at sea were ordered to attend next court day.
It was ordered that all the young men sons of any inhabitants above 12 years, attend & take the oaths, No complaints being presented, the Court adjourned untill (sic) Tuesday. (signed)WILLIAM PAGE BREAK 4 Protestants And. WILSON Robt. BALLARD Rich. COLBURN Catholics Jn'o VIGUERS -Const'ble Ed. BURKE} Roman Priest Jn'o MILLER Thomas WAYLAND [WHELAN] former Smith to the Ordnance (sic) was ordered to attend next Court day to take the Oath of allegiance No Complaints being Produced the court adjourned until Thursday next. (signed) WILLIAM Thursday 17th August 1786 Mr. SAUNDER'S B'u M'v-------- DALAHERTY Hendrick WEBBER having Produced a Survey of a Dutch Vessel wherein it appeared that she was unfit to Proceed to Sea. Refered (sic)to the Governor PAGE BREAK 5 John CLARK Wm. NEWMAN Saturday 19th Aug 1786 The Boats Master and Crew belonging to Mr. SAUNDERS attended and deposed as follows Thomas DELANTY. Boatsmaster Says that on the 13th day of August last being Sunday they were working out of Tides Cove, with another boat in company it there blowing strong with his starboard tack on board & seeing the other boat likely to board him, desired the boats master of her would bear away which he did not that the. Said PAGE BREAK 6 W'm HOLY midshipman says he was so much engaged, during this time, preparing to go about, that he knows nothing of the matter, whose fault it was. William ANDERSON foreshipman deposes that he heard DELANTY [DELAHUNTY] desire the other boats master to bear away and that DELANTY [DELAHUNTY] had his helm, hard down at the time and further says, that he has been 15 years at sea, and thinks that the other boat, had time enough to stay or room enough to wear if he choosed (sic). The captain of this boat, was left on the other side of this bay sick, and therefore his evidence could not be had the decision of this was refered (sic) untill (sic) the other boats master & the crew were present. John VIGUER's petition against Ja's HENESSEY [HENNESSY]siting (sic) forth that said HENESEY [HENNESSY] owed him £1-14-0 since 1786 & that he had been out of his money all the time, it was ordered that the master of s'd HENESSY [HENNESSY] should pay the money to Mr. VIGUERS & stop in out of his wages. No complaints being made the court adjourned until Tuesday (signed) J. WILLIAM PAGE BREAK 7 The Roman Catholicks (sic) were desired to be very attentive to the order of the magistrates, and it was ordered that no Protestant inhabitant should be married or children christened by the Roman Priest, and the inhabitants that were Protestants, strongly admonished to continue their their (sic) children, in that perservation? as a clergyman would soon arrive. The magistrates were ordered to read divine service every Sunday in future untill (sic) the arrival of a clergyman. A petition was presented by Nich's BURK, but as it appeared the governor had given his decision thereon some time ago, it was dismissed. We whose names are hereunto subscribed do bind ourselves to pay annually, during our residence in this place, the sums of money against our names. Respectively expressed toward the support of a clergyman to commence from this day.
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No Complaints being Presented the Court was dismissed, and they Informed that a general Quarter Sessions of the Peace would be held 20 Ins't by his Majesty's Justices of the Peace. (signed) BROWN PAGE BREAK 9 Tuesday 22 August 1786The Boats Crew who were ordered to attend not having Returned from the westward, the business was referred til (sic) next day. John MURPHY who was punished for being restuous was forgiven the Remainder of his Punishment. Michael MAGUIRE was also forgiven in consequence of a better Rc'd from his owner, giving him a good Character, and the Womans Character, having been found to be a very bad one, MAGUIRE entered on board of his Royal Majesty's Ship Pegasus. A subscription was made towards building a Chapel at Placentia, begun this day, it was ordered that all the Protestants, Should attend next Court days, an order was sent to MAGUIRE'S master to send his all immediately. SIR Court House Placentia the 22'd of August 1786 The Reason of my sending this to your excellency is owing to the arrival of a Dutch Brigg bound from St. Eustatia (sic) to Roterdam (sic) loaded with sugar, coffee & cotton in very Great Distress at Little Placentia, at which Port she has been regularly surveyed by the Carpenters of His Majesty's Ship the Pegasus, and two others, & Reported unfit to proceed to Holland, the Report of which survey, I have the honor to Inclose (sic), signed by the Carpenters, and as it is an unusual Case, and the Acts of Parliament for the better Regulating the trade of Newfoundland, do not provide for vessels in her Situation, I thought proper to Refer her Case to Your Excellency, Requesting Your decision, on this lead. PAGE BREAK 10 By this opportunity I also Inform Your Excellency that Upon my arrival in their Port, I found in grant forwardness, a Roman Catholic Chapel Building without any Publick (sic) authority whatever & on enquiring of the Justices of the Peace and Principal Inhabitants, I found that the Priest from his very Great ascendancy over the weak minds of his weak People had made in the course of this last twelve months, a number of Proselytes, & I have observed since I have been in this port that none Respect and regard his shewn (sic) him, by the lower class of Inhabitants, and their Servants in the fishery, than either the Surrogate himself, or any of the Justices of the Peace & as there are none of his Majestys troops here, I have every reason to believe, that at my departure, most fatal consequences will arive (sic), without the Growing Power of the Roman Priest in Out harbours of this Island be now Restained (sic) In its Present State of Infancy, so much do the opinions of The Magistrates, & Principal Merchants Coincide with main vu (sic) on this Subject, that they have Presented to me memorials which I have the Honour of Inclosing (sic) to Your Excellency. PAGE BREAK
12 Thursday ye 24 of August 1786 The Court met & the following people took the oath of allegiance - Peter SWEETMAN } John DOYLE } Esq'rs - Catholicks (sic) Mr. HARRISON's Boats Crew attended Court & deposed as follows William CULFORD, being sworn, says that the two boats were standing out of Tides Cove, the one to the southward & the other to the northward, he heard a voice calling to bear away, he then Put his helm hard a wea? and the other hove in stays, athwart his house, he then Put his helm hard down, to Ease the blow, a number of Boats then working out, James DUGGEN, midshipman sworn, says, he has been at Sea 9 years, it was blowing so very hard, that he Could not hear any Person Call, their helm was up, he seen the other Boats helm down, when on board of them John WHELAND [WHELAN] Foreshipman 7 Years to Sea - having sworn in says he heard the Skipper of the other Boat direct his Skipper to put his helm down & seen the other boat in the wind under their bow, he remembered to See his Skipper put his helm down when desired John BULGER Captain sworn Says he has been to Sea one summer, he further Says he saw the helm Shifted, the helm was put up first & when near the other Boat was put down - this business referred untill (sic) next Court date. No Complaints being Presented the Court adjourned till (sic) next Saturday. (signed) WILLIAM PAGE BREAK 13 Saturday 26th August 1786 It appearing that DELAHUNTY Mr. SAUNDERS Boats master was in fault and by his means the boat was damaged, it was ordered that the Expenses be paid by him, being £9?7 stg [sterling]. The Constables were ordered to direct the Protestant Inhabitants to attend divine Service tomorrow at half Past 11 oclock (sic), No Complaints being Prosecuted, the Court adjurned (sic) till Tuesday next. (signed) WILLIAM Tuesday ye. 29th August 1786 His Royal Highness Prince William Henry etc etc etc The Humble Petition of Joseph SHARP of Oderin Planter, very humbly Complaining herewith that on the 15th of November last, Sam'l. WHITTLE, son of James WHITTLE of the Same Planter, together with one of said WHITTLEs men, as also one of Petitioners men, broke open said Petitioners store house and thereout felloniously (sic) took a half a Bar'l. of pork or thereabouts upon the discovery of which, Pet'r examined his own said man, & having brought him before Mr. SPURRIERs Agent, he the said man, then & there owned and acknowledged the aforementioned fact and even said when any of Said WHITTLEs family met said Petitioner, they abused him in a most and abusive manner, and further Erected a gallowes (sic) whereon to hang him, and besides James WHITTLE said he would in open Court, proove (sic) Petitioner PAGE BREAK
14 to be a robber of the dead. In consequence of the above affair & WHITTLE refuses to pay S'd petitioner, a debt of near twenty pounds Stg. (signed) Joseph SHARP petitioner. August 28, 1786 Copy John GRIFFITH sais (sic) he was sent into the woods boiling Bark & that in 14 days time he was five of them without provisions notwithstanding he made a complaint to his master, On Saturday the said J. GRIFFITHS being cook for the people, asked his master for provisions, who called him a Welsh Bugger & ordered him off his Room, being sworn he disposes the above to be true. William MERRICK says that during the whole summer he never has had a sufficientsy (sic) of provisions and always been abused, and also sais (sic) that Philip REILY later beat him, being sworn disposes the above to be true. Rawling JOHNS sais (sic) he has also been without a sufficency of provisions -----. An order was sent to Mr. Jn'o DOYLE to attend the next Court day, and also Philip REILY the the (sic) complainant, also were ordered to attend. Mr. SHARP's evidence was ordered to attend the next Court day. No complaint being produced the Court adjourned till next Thursday. (signed) J. WILLIAM
PAGE BREAK 15 Thursday 31st. August 1786Mr. John DOYLE appeared and declared that those three men deserted from him and that for three days he had not seen any of them on his Room, nor did he know where they were. He further declared that he always weighed the fishermens provisions and that he never weighed any to the shoremen except on a Sunday, that he was himself absent from the Room for six weeks together, and that those men even during that time under the directions of his Boats Masters & Master Voyager. John DOYLE sworn, deposes that the above to be true and that he had much difficulty to keep them under any directions, being shifted from boat to boat all the season, from their not being able to perform their duty for which they were engaged. Lawrence KELLY Foreshipman being sworn, disposes that they would not stay up at night to do their duty, they had plenty, & food provisions in their boat. John LYONS Foreshipman being sworn, deposes that Jn'o GRIFFITHS did his duty in staying up at night but that he left the boat and got drunk and on his returning to the boat, the skipper would not allow him to come on board, he had plenty & food provisions. Patrick REILY, who had the care of the people in the absence of John DOYLE being sworn, deposes that Rawling JOHNS was put on shore & that he was unwilling to do his business, he knows nothing of GRIFFITHS, and PAGE BREAK 16 that Wm. MERRICK did his duty with reluctance they had plenty of provisions and food. Mr SHARP'S complaint refer'd until next court day. (Signed) WILLIAM Saturday ye. 2 September 1786 Evidence for Jos'h[Joseph] SHARP, William PELLEY sworn deposes that Samuel WHITTLE & Joe SMITH, came to him and asked him if he had any meat, he said none but what was under lock, on which they asked him if he had a hatchet, and on his saying he had they desired him to bring it, and show them where the house was, on which they broke the door open, and gave one piece of pork to a dog and carried away some more and then returned the piece of meat, they had given to the dog, he did not of his own accord tell his master, but his master missed it, and then asked him what had become of it, he afterwards confessed it to his master, by the same room, and also declared it to the Agent of Mr. SPURRIER of Oderin. PAGE BREAK 17 Joseph SHARP says he did not see the gallowes (sic) but was afraid of his life, even when he delivered the summons. John SMITH being sworn, deposes that he heard WHITTLE say, if SHARP had come into the cove before, that he should not have come out again, and heard his wife say, that she would make garters of SHARP guts, he heard the boy confess the store was broke open, and has since confessed it to SHARP himself, the boy told John SMITH of it, and SMITH told his master SHARP, Wm. WHITTLE told SMITH on Thursday but was a wake, that SHARP was an old Rogue and he would prove him so in open court. Joseph HARDING being sworn deposes that WHITTLE WHITTLE (sic) asked him how the Robber of the Dead was WHITTLE being put on his defense says that his son & servant, had no occasion to take it, having had plenty in the boat Joseph SHARP swore the peace against WHITTLE his wife, and his eldest son-------------------------------------------------------------------------------- Philip DWYER Jeff'y FLINN [FLYNN] and Rob.t VIGUERS was bound for WHITTLEs eldest son £10. Each----- James WHITTLE was ordered to ask SHARPs pardon, or otherwise to pay a fine of £5.0.0 which Patrick DWYER agreed to pay. WHITTLE objecting to ask SHARP's pardon. PAGE BREAK 18 In was ordered that Samuel WHITTLE should receive 12 lashes and Joe SMITH 18 lashes for breaking open the store of Jos'h SHARP, Joel SMITH Rec.d his punishment at the usual place on shore. Notice was given in court that Divine Service would be held tomorrow at 12 oclock (sic). No complaints being presented the court adjourned untill (sic) next Monday. John GRIFFITHS Rawling JOHNS and W'm MERRICK Said that they were afraid of the two REILYs in Jn'o DOYLE's employ, denied to have their acc'ts settled, and be discharged from the said Jn'o Doyle, which was done. Monday ye 4th Sep'r 1786The court met and the subscribers paid their subscriptions, and subscribed, as under to be paid annually towards the support of a Clergyman. The Protestant inhabitants in this place were informed that his Excellency the governor highly approved of having a church built, and assured that a Clergyman would be sent out next Spring. The Magistrates were ordered to allow no Catholicks (sic) to be burried (sic) in the Church Yard as there appeared no more room that what would be sufficient. *note - up left margin of page says: PAGE BREAK 19 Placentia Wednesday 20th September 1786A general Quarter Sessions of the Peace was this day held, agreeable to the order of His Royal Highness Prince William Henry, and no complaints worth recording being produced, the Sessions were adjourned. (signed) A. WILSON }J.P. Placentia 14 Oct'r 1786 Thomas ROACH, Planter in this place having purchased a plantation from Mrs. HOGAN. widow of the late Wm. HOGAN Planter here, and the said Roach having conformable to his Royal Highnesses Orders of the 25th July last aplied (sic) for a certificate to build a house on a vacant place of ground in front of the said Plantation, which appearing never to have been used in the fishery or claimed by any person, the said ROACH was allowed to build thereon, & a certificate granted him in order to transmit the same to his Excellency the Governor And'w DUGGAN Planter in this place being directed to remove his house, in consequence of His Royal Highnesses of the 25th of July obtained & requesting a certificate, might be granted him to build on a vacant spot, in front of William LAMBs house it was given him, care being previously taken to leave a sufficient path in front of the said William LAMBs house (signed) A Wilson C.R. PAGE BREAK 20 By His Excellency John ELLIOT Esq'r Governor & Commander In Chief in & over the Island of Newfoundland in America and The Island of Madelaine in the Gulph (sic) of St. Laurence (sic) By virtue of the power & authority to me given, by his majesty letters patent, bearing date at Westminster, the first day of April in the Twenty Sixth Year of the Reign of our Sovereign Lord George the Third of Great Britain, France & Ireland, King Defender of the faith etc do constitute & appoint Hon John PAGE BREAK 21 have also appointed Hon John BROWN Esq'r His Majestys Justice, to enquire by the PAGE BREAK 22 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 & singular persons so indicted or which hereafter shall happen to be indicted before you or untill(sic) they be aprehended (sic), or render themselves, or be out laws to hear & determine, all & singular the fellonies(sic), tresspasses(sic), forestalls. regratings, engrossings, extortions unlawfull (sic) asemblies (sic) indictments aforesaid and all & singular other premises according to the laws and Statutes of England as in like cases hath been used & ought to be done I, ye to chastise & punish the s'd persons offending & every of them for their offences, by fines, ransoms, averements? forfeitures or otherwise, as ought & used to be done, according to the Laws and Customs of England, or the ordnances (sic) aforesaid provided always that if a cause of difficulty upon the determination of any of the Premises shall happen to arise before You or any capital offence be brought before You, such as robberies, murders & fellonies(sic) , then you nor any of you, do proceed to full Judgment 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 PAGE BREAK 23 Provided always that you nor any such person or persons nor 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 an Act passed in the first year of the reign of King George the first, instituted an act for the better securing of his majesty's person and government & 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 an act passed in the 6th 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 Ann(sic) entituled (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 copies therein mentioned to persons indicted for high treason or mis??? of treason, as also made & subscribed the declaration mentioned in an act of parliament made in the 25 year of the Reign of King Charles the Second, intituled (sic) an act for preventing dangers which happen from Papist Recusants, and also have taken such proper oath & oaths as are usually taken in the kingdom of Great Britain by persons executing such offices and trusts, which oaths & declarations you are ordered & hereby authorised & impowered(sic) to administer & give to all & every person or persons that ought to take the same according to the laws & customs of Great Britain & that you on any account do anything by virtue of these presents contrary or repugnant to the act for encouraging the trade to Newfoundland passed in the tenth & eleventh year of the reign of King William the third, nor in any matter obstruct the power thereby granted or given to the admirals of harbours, or Captains of 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 PAGE BREAK 24 and inhabitants, residing and abiding in the district aforesaid are strictly required & enjoined in all cases and times wheresoever neccesary to be aiding & assisting to the utmost of their power to the commander or commanders of his majestys ships of war. And to his several admirals in the respective harbours in puting (sic) into execution the several rules and orders prescribed by the said act for encouraging the trade to Newfoundland and I do strictly require all & singular the planters & inhabitants of the district aforesaid to be observing(?) aiding and assisting unto you, your----------------------------------------------------------------------------- orders and the officers so by you In witness whereof I have hereunto be affixed my hand & seal at St Johns aforesaid this 11th of August, one thousand seven hundred and eighty seven.
By his excellency's Command J ELLIOTT (Signed) ABRAHAM (Signed) PAGE BREAK
At the court held on this day present 25 30th August 1787
Henry HARVEY Esq. Surrogate John BROWN Justice of the Peace Mr Thomas SAUNDERS Merchant Mr Samuel HARRISON and the principal inhabitants The court bring opened it was ordered that all complaints should be made in writing. William COLLINS - presented a petition against his servant Mr EDSMOND for having absented himself of his duty about 30 days without leave, which being proved the court ordered COLLINS to stop four pounds out of his wages John BOGGS - Against Thomas ROACH for having pulled down some stakes belonging to a house of which the said BOGGs is owner, and ROACH was tennant (sic). The said ROACH is ordered to repair the same, as soon as the fishery is over, left for John BROWN Chief Justice and two of the inhabitants to settle. (signed) Hen'y HARVEY (signed) J BROWN, J. Peace The above order settled & complyed with by said ROACH the 29th Oct 1787. (signed) J BROWN J.P. & C.R. PAGE BREAK
At a court held this day 26 Tuesday the 4th day of September 1787
Present Elias SYMES - against William PITCAIRN for having assaulted him on Sunday the 12 day of August 1787 at the house of Christ'r. LECROIX in this town and it appearing by the deposition of Josiah BLACKBURN. Isaac BEST. David DAWUS(sic) Richard SPRUHAN(sic) and Michael FITZGERALD that the said SYMES & PITCAIRN were fighting and quarrelling on the Lords day, this court ordered that the said SYMES and said PITCAIRN should be fined forty shillings each PAGE BREAK
27 By Captain Henry HARVEY of his Majesty's Ship Rose Whereas it is very prejudicial to the kingdom, that the fishing ships do not carry back to Great Britain the compliment (sic) of men they bring out, many of them being enticed away to other places and others left in the country. all masters of fishing ships are therefore to take notice, that it behoves them to be very carefull (sic) that they carry home the number of men they bring out (Except in case of death.) otherwise they will be liable to be prosecuted on their return. All fishing admirals are to enjoin masters of fishing ships. By boatmen & Inhabitants to take the greatest care in curing their fish with good salt, and with a sufficient quantity and in preparing ordering & husbanding the same, that it may be well received and esteemed at the several places to which it may be carried for sale--------------------- and the admirals are to report to me the names of such persons who will not attend to Whereas the different species of birds which frequent this shore of Newfoundland and adjacent Islands have been found very usefull (sic), not only by their being a warning in fogs to vessels when they are near the land, but for many occasions for food & bait and his majesty having been pleased to signify its his will & pleasure that the more effectual means should be taken to prevent their being destroyed. All persons are strictly forbid destroying the birds on this coast & adjacent Islands Except for food & bait, and if any persons are found offending, they will be apprehended and sent to St. Johns in order to be tried for the offence, and the feathers found in their custody will be seized and confiscated. Given under my hand on board his majesty's ship Rose in Placentia Rec'd the 27th of August 1787. (signed) Henry HARVEY PAGE BREAK 28 Placentia September 20th 1787. Placentia Sep 30th 1787. (signed) J BROWN No more complaints being produced the court adjourned till next summons } Placentia October 20th 1787 PAGE BREAK 29 Placentia Oct 26 1787 No more complaints being produced worth recording in this book, the Court adjourned till next Summons. Placentia Dec 20th 1787 (signed) John BROWN Placentia Dec 31st 1787 (signed) John BROWN J.P.&.C.R. PAGE BREAK 30 Placentia Jan'y 31st 1788 At a Court held this day, the Licences Called in & renewed till the 10th day of October 1788. A Complaint being made by Wm COLLINS against Michael HALFPENNY for abusing Said COLLIN's & wife, and commiting (sic) several outrages to the disquieting of said family, having examined the evidences & finding Said Michael HALFPENNY guilty of the Charge laid against him. Ordered that the said HALFPENNY should ask Said COLLIN's pardon in Publick (sic) Court, which he did, no more Complaints being Produced worth a Recital in this Book the Court adjourned till next Summons. (signed) J BROWN J.P. and Keeper of the Records
Placentia March 19th 1788 A Complaint being made by Timothy CRAWLEY Planter against his Servant Ja's MAHAR for neglecting his duty, and refusing to do anything he was ordered to do, and said he would be chored, ordered Both to attend, after Examining both Parties minutely and finding the Servant in the fault, ordered that the time he had neglected should be stopt (sic) out of his wages, & he to Return to his duty. (signed) J BROWN J.P. and Keeper of the Records PAGE BREAK 31 No more Complaints being Produced worth a Recital in this Book, the Court adjourned till next Summons. Placentia May 30th 1788 At a Court held this day, and no Complaints worth Recording in this Book, the Court adjourned till next Summons. Placentia Sep'r 3rd 1788 A Complaint being made by David SLATTERY against his master Thomas ROACH for turning him away without paying him his wages Ordered that the said ROACH do pay the wages due to David SLATTERY from the 5th day of May to the 15th day of August 1788 amounting to thirteen Pounds Sixteen Shillings. Andrew DUGGIN [DUGGAN] against Patrick KENNEY & James COLLINS for neglect & drunkenness one day Each. Ordered that Andrew DUGGIN [DUGGAN] do stop out of the wages of KENNEY & COLLINS Ten Shillings Each for neglecting their duty. PAGE BREAK 32 Placentia Oct.25.1788At a court held this day a complaint made by John FARRILL[FARRELL] against his master Will'm RILEY [REILLY] Refusing to pay him his wages. Said RILEY [REILLY] ordered to pay him his wages or appear to shew (sic) cause why he refused to pay Said FARRILL[FARRELL] his wages. No complaints being produced (signed) BROWN J.P. Placentia November 28th 1788 At a court this day a complaint by M'l NEAL against his master Pat DWYER refusing to pay him his wages, after examining both parties minutely finding no neglects could be found against NEAL, ordered that DWYER should pay his wages, which was done. (signed) BROWN J.P and Keeper of the Records John CORNEL against his master Pat GORMAN who would not send him home or ship him for the winter had let him run out all his wages, ordered that he should pay his passage home, which was done. (signed) BROWN J.P. And Keeper of the Records No complaints more Being produced, this court PAGE BREAK
33 Placentia March 18th 1789 At a court held this day a complaint made by Owen HAGAN against his master Stephen FLINN [FLYNN] ,that he would not give Said HAGAN a Birth (sic) in his boat, on the shares as he had promist (sic), having ordered Said FLINN [FLYNN] to appear, after examining both parties minutely, ordered said HAGAN to return to his duty finding him in fault. No complaints being produced worth a Recital in this book (signed) J BROWN J.P and This court is adjourned untill (sic) next summons. Keeper of The Records
Placentia, March 25th, 1789At a court held this day, a complaint made by Th's HOOPER against Isaac BEST, mason of the B'd of Ordnance (sic) for charging him with stealing 2 boards out of the Court House. Said BEST denying he ever said so, the person he said so to appearing declared an oath he told him so, which was Joshiah (Josiah) BLACKBURN master carpenter to the ordnance (sic) said Isaac BEST being found guilty of the charge laid against him, was ordered to ask Said HOOPERs Pardon in court which was done. PAGE BREAK 34 That this present deed of agreement between Joseph SHARP of Christchurch in the county of Southhampton, but now residing at Oderin in Newfoundland boatkeeper & William BAILY [BAILEY] of Powerstock in the county of Dorset, but now residing in Oderin in Newfoundland boatkeeper witnesseth that Joseph SHARP for & in consideration of the rents and covenant hereafter mentioned & to be performed by the above mentioned William BAILY [BAILEY], has & by these present make over and assign unto the said Wm. BAILY [BAILEY] all that fishing room with flakes dwelling house cook rooms stage train(?) & all (?) fishermens houses and all other appertanances (sic) thereunto belonging of what kind so ever, as enjoy'd by the said Joseph SHARP at anytime heretofore and at this present time on the said premises, situate lying and being in Oderin aforesaid, all which premises together with one shallop and sundry unenumerated fishing craft and utensils for the fishery now the property of said Joseph SHARP, he do by these presents make over and assign to the said Wm. BAILY [BAILEY], and to his heirs executors administrators & assigns to their own proper care and behoof and them will defend against every right claim or demand of any Person & then said Wm. BAILY [BAILEY] doth covenant and agree to yield and pay unto the said Joseph SHARP for the use of the said room apertanances (sic) as above exprest (sic) the sum of ten pounds lawfull (sic) money of Great Britain to be paid him in good bills of exchange every year, to him or his order, on the Feast of St. Michall (sic) for & during the natural life of the said Joseph SHARP. & it is further agreed on if Joseph SHARP shall during his life make over or assign to Kelley SHARP Joiner of Christchurch in the county of Southhampton any part in moity (sic) of the Room, as above exprest (sic), Wm. BAILY [BAILEY] on the said Kelley SHARP producing to him such order is to give him Quitt (sic) possession of half the premises, except the craft, which he is not to be accountable for, it being perishable articles. In witness whereof we have set our hands and seals at Oderin in Newfoundland this first day of October in the year of our lord one thousand seven hundred & eighty seven in the twenty seventh year of reign of our sovereign lord George the Third. Signed sealed and delivered by the above named true copy recorded IS the mark of at Oderin, aforesaid where no stamp by J BROWN Joseph SHARP Paper is used in presence of chief justice and William BAILY William SCOTT keeper of the records PAGE BREAK
35 Placentia September 8th 1789 At a court held this day a complaint made by Timothy CRAWLEY against his servant Michael HICKER [HICKEY] that he will not work or do anything that he orders but is willing to be cleared, sent for said HICKER [HICKEY], and he and his master being present, the shiping (sic) paper produced, and they both consented to part their agreement being produced on both sides were destroyed, by both their consents. There being no more complaints Given under my hand this 8th day of Sept'r 1789 the court adjourned till next summons. (signed) J BROWN PAGE BREAK 36 Placentia 17 th Sepr 1789At a Court assembled and held at the Court house at this place, present Herbert SAWYER Esq'r Capt'n of His Majesty's Ship Pegasus and John BROWN Eqr Justices of the Peace. John VIGUERS Presented a Petition Complaining of James HEARN, a Boats M'r for lying up the Boat a weeke (sic) Earlyer (sic) than the s'd Mr VIGUERS would have wished, and that they went out one weeke (sic) without catching any fish, the neglect being Clearly Prooved----------------------------------------------------------------------------- ordered James HEARN to John HAGAN [HOGAN], Richd REDDY, DESPARD, BURN & Den's KELLY petitioned against Mr BULGER for not paying their wages agreeable to their shipping papers, there (sic) main Complaint being wellgrounded Ordered the fish to be sold to pay the Peoples wages & the men to fulfill their James O'BRIEN Petitioned against Mich'l BULGER for beating him Cruelly, on finding it a trifling Complaint, dismissed the Complaint. PAGE BREAK 37 Miles SWEENEY was Complained of, for having Quited (sic) the Boat in the height of the Season greatly to the Prejudice of his master Andrew DUGGIN [DUGGAN] but as there was no writen (sic) agreement he is only fined five pound. Bartholomew WHEALEON [WHELAN] Complained of Patrick BURN for steeling (sic) wood, which being Clearly Prooved-------------------------------- Ordered that he shall receive twelve lashes on his bare back at the Customary Walter MACKEY Complained that John KIELY Had ship'd himself with a Second master Andrew DUGGIN [DUGGAN], who knew him to be MACKEY'S Servant-------------------------------------------------------------------------- Ordered that John KIELY shall Michael IVORY Complained of Michael BULGER for not paying him for twelve days labour, the Complaint being Prooved (sic)------------------------- Ordered that the above Michael BULGER to pay the above M'l (signed) H SAWYER (signed) J BROWN PAGE BREAK 38 Placentia 22nd October 1789 At a court held this day a complaint made by Wm WELSH against his master, John MORIN, that he had turned him out of the boat, and would not let him go to sea in her according to agreement, summoned the master to appear & both to produce the agreement between them, after hearing both parties, finding there was little difficulty in sittling (sic) it ordered that each person should choose a friend, and if they two No complaints being made the court adjourned till next summons. (signed) J BROWN, J. Peace & keeper of the Records Placentia Nov 2nd 1789 At a court held this day a complaint made by John WILLIAMS, who had no master, could get no employment, must perish if he could not get a passage to Ireland, he having a bad leg, and was a object of pity. Paid his passage to Mr. SAUNDERS and sent him out of the country, there being no more complaints worth a recital in this book the court adjourned till next summons. (signed) J BROWN J. Peace & keeper of the Records PAGE BREAK 39 Placentia November 15th, 1790 A complaint being made by James ROACH against his master Stephen FLINN [FLYNN], who had agreed to give him one eight part of what the boat catch of fish in the season instead of wages. Summoned both parties to appear and produce their agreements they had made which was accordingly done, finding they were obstinate? on both sides, recommended to them to enter into bonds and settle it by arbitration which they both agreed to and settled it accordingly. A complaint being made by John LEWIS that he had nothing coming to him being a youngster & run his wages out for cloaths (sic), having ordered his master to appear & the shiping(sic) paper to be produced, on both sides, ordered his master to pay his passage as the law directs, which was accordingly done. No more complaints being produced worth a recital in this book, the court adjourned until next summons. (signed) J. BROWN J. Peace & keeper of the Records.
Placentia Nov 28th , 1789. A complaint made by Robert SURAGLEY----- against Christopher St. CROIX his master, who told him PAGE BREAK
40 Placentia Nov 30 1790 At a court held this day thinking necessary as the last vessel was to sail in a few days, in order that they had no masters, or any provision for the winter, might be sent home by sending the Constables to find them out, and bringing them to Court, by which means finding out whose (sic) they served make them pay their passages home, had not this method been taken, they would have been left in the Country, makeing (sic) it a practice of secreting themselves till the vessels are all sailed. N.B. (signed) J BROWN J Peace & Keeper of the Records. Placentia Dec 3 1790 At a court held this day the constables having been ordered to go the evening before & search & go to the houses suspected of entertaining these vagrants and idle fellows, till the ships are sailed, finding at the house of James BRYAN several servants at very unreasonable houses, ordered these people before me and finding upon strict examination finding that his wife was guilty of receiving stolen goods, and guilty of stealing, meaning the wife and daughter of s'd James BRYAN thought the best way of getting rid of such a gang would be to transport out of country. Accordingly sail them in the vessel that sailed next day. Many frivolous complaints not worth a recital in this book. the court adjourned till next summons. (signed) J BROWN J.P & Keeper of the Records PAGE BREAK
41 Placentia Jan'y 20 1791 A complaint being made by John TIBERITT against Th's PAYNE agent for Benj'n LE CAPELIN & Co. setting forth, that said LE CALIN had agreed with said TIBERITT to cut him a quantity of tumber & bring it to his room & on delivery of the same should be paid in such goods as might want or in cash or bill, the agent PAYNE not having the goods he hauled, insisted on his taking such as he had or he would not pay him, ordered the agent & TIBERITT to appear before me, on Examination finding the agreement to to be true, as said TIBERITT hath declared, ordered payment immediately to be made which was done & the matter finally settled. There being no more complaints This court adjourned----- (signed) J.BROWN. J.P. & Keeper of the Records
James WALSH Boatkeeper having applied to me for a piece of ground to erect flakes and a stage for the fishery & finding it vacant ground not occupied for this ten years last past, in compliance with the Act of Parliament of the 15th of George the 3'd and the power and authority given me as Chief Justice to give a Certificate and Record the same, have given leave to said James WALSH to improve the same, for the use of the Fishery only, and to be his a (sic) long as he keeps it up, or cause it to be kept up, for the use of the fishery with all improvements. Boundries (sic) 120 Yards E. & West 125 Yards N. & South Given under my hand this 20th day of February 1791 (signed) J BROWN PAGE BREAK 42 Placentia Feby 25th 1791 Timothy CRAWLEY Boat Keeper having applied to me for a vacant spot to errect (sic) a fishery at a place known by the name of the Black house and finding it vacant, by the sea side with beach adjoining, and hath not been occupied this 12 or 14 years last past, in compliance with the act of the 15th George the third and the power & authority given me as Chief Justice, and keeper of the records, by His Royal Highness Prince William Henry to give Certificates to those that applied for Room to carry on the fisherry (sic), to give leave to them to build stages and flakes for the fisherry (sic), have ordered s'd T'y CRAWLEY to improve the same, with a house for his servants & 2 spots of ground for 2 small gardens to be his as long as he shall keep up the same, for the use of the fishery or cause it to be kept up. Given under my hand this 25th day of February 1791 (signed) J. BROWN PAGE BREAK
43 Placentia Nov 14th, 1791 At a court of Quarter Sessions held the above day & year a complaint heard & determined, by twelve men, consisting of a jury, William PITCAIRN accused with Petit (sic) Larcenny (sic) and found guilty by the jury whose names were John MILLER foreman, John VIGUERS the Elder, Th's COLLINS, John MUCKELERAY/MUCKEBRAY, Wm LAMB, Walter MACKEY. Thomas ROACH, Chr's ST. CROIX, (signed) J. Brown PAGE BREAK 44 these are to certify that Benjamin LE CAPLIN hath this day applied to me, as keeper of the records of this place to enter for him a copy of a purchase of houses and ground, for the use of the fishery made by Philip PORTER from Alexander WILSON in the year one thousand seven hundred & eighty six and also a grant of the whole extent of the garrison granted on the north side of the harbour of Placentia known by the name of the old garrison granted to Benjamin LE CAPLIN the year one thousand seven hundred and ninety one, by Herbert (sic) SAYER (sic) Esqr. currently of his majesty's ship Pegasus and Surrogate for this district, the whole extent of this grant, exclusive of his own purchase and the extent of George BLANCH's (sic) plantation inside the demise occupied by him for the use of the fishery. Containing in the whole from the north to the south three hundred and thirty six feet, and from east to west three hundred and thirty six feet all outside surrounding & adjoining the same being given and granted to Benjamin LE CAPLIN and he their heirs, executors, administrators and assigns the same to occupy and enjoy all and every part thereof except the said piece of ground, occupied by the said George BLANCH (sic) and no more all other ground from the Hill to the waterside bearing North & South East and west the said Benjamin LE CAPLIN & Co shall and may freely enjoy for the use of the fishery without any bit of hindrance and I do certify and declare that I had the papers all before me which Contained and Explained the times, dates, Grants and Extents as in the above specified. Given under my hand & recorded by order of the said Herbert SAWYER Esq'r Surrogate at Placentia the 10th day of Sep'r one thousand seven hundred & ninety one. (signed) Brown, J.P. & keeper of the records PAGE BREAK
45 18 August 1800 At a court held this day at Placentia Josiah BLACKBURN plaintiff Versus This case respecting a piece of garden ground of the following dimensions Viz't Ordered accordingly No costs
(signed) George Fred'k RVYES Surrogate PAGE BREAK 46 18 Aug 1800 Placentia Petition of John LAMB, Praying a grant of a certain piece of ground, situated on the East side of the Bay about twelve miles from Cape Vert. The petition setts (sic) forth that John LAMB has cleared the piece of ground, about fourteen or fifteen acres in Quan'ty & that he has with his family resided thereon, for these eighteen years last past & prays to have a grant for the same. The Court having duly considered the merits of the claim, have ceded to the s'd Jn'o LAMB the ground set forth in the petition, as long as he or his family resides thereon, but this grant doth not extend to empower him or them, to sell the said land or otherwise alienate the same. (signed) Geo. Fred RYVES Surrogate 18th August 1800 Placentia Mary FLING (FLYNN) Plantiff versus To recover the sum of £17.8.4 being the alledged (sic) ballance (sic) due from her husbands & sons wages. On investigating the case, it appeared that there existed a runing (sic) account between the
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Page contributed by Devon Griffin
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Page Revised by Ivy F. Benoit (Wednesday January 23, 2019)
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