GN 2/1/A   [Microfilm Box No. 1]   Vol. 4   1766-1771


Page

Date

From whom (where)

To whom (where)

Contents or nature of the document

1

04 Apr 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Regulations for preventing disputes amongst the whale fisheries. Discusses disputes that arise from claims to a share in any whales and who will decide such matters.

1-2

18 Apr 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order for all people who claim to possess places in Bonavista Bay to produce proof in court on the stated date. Mentions of the Treaty of Utrecht. If this is not done the places may be deemed public ships rooms like all others on the coast between Cape Bonavista and Point Riche.

2-3

28 July 1766

Gov. Hugh Palliser (Court House, St. Johnís)

 

Order regarding the property of land and the right to cut grass. Gives background to property laws and customs from 1757. An example of Justice Gill and the Torbay Marshes is given. 5 orders are given to prevent future disputes. [see p. 6)

4-5

31 July 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Appointing William Hamilton, Esq. as his deputy or surrogate between Cape Ray and Point Riche and at the Magdalen Islands. Details on his authority are given. The instructions state that he is not to do anything contrary to the Act for Encouraging the Trade to Newfoundland and also explains the proper relationship with the Admirals.

5

31 July 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

A dispute between Charles Garland (Harbour Grace) and Jonathan Pike (Carbonear [spelled here Carbonier]) regarding the right to a fishing room in Carbonear. It was examined by Deputy Daniel Burr, Esq. The area which each man claims will be compared. They are to come before him before a final decree is made.

5

31 July 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order upon a list of debtors to Mr. Pike and Mr. Green. Must enter into engagements to pay their just debts or be proceeded against as bankrupt and quit the country as lazy unthrifty fishermen.

6

19 Apr 1757

Gov. Edwards (St. Johnís)

 

[see p. 2-3] Sessions in which decrees are made regarding people taking in the public commons as their own property.

6-7

02 May1757

 

 

Land to be taken and enclosed appropriated by the Magistrates, Inhabitants, and Constables, besides what was enclosed before.

7-8

06 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Elliott Elmes encroached on a Ship Fishery room by building a Smithís shop between it and his house and opposed Fishing Admiral William Channel (St. Johnís). His employee Jonathan Hallyland also opposed and threatened Channel. Elmes is to take down the fence, making the room public, and pay Channel a fee. Hallyland is to pay a fine and pay for the passage home of five unemployed fishermen.

8

07 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order given on the back of a list of debtors to Mr. Isaac Elton and son, Esq.  They are to enter into engagements for payment of the debts or will be proceeded against as bankrupts and sent out of the country as lazy [spelled lasey], unthrifty fishermen.

8

07 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Sampsons Cove in Harbour Grace is a fishing place which has not been used for 30 years. It is now permitted for use by Fishing Ships along with all fishing conveniences built on it. The Fishing Admiral is to make this public.

8

12 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Jonathan Pottle is permitted to have land in St. Johnís through the 1757 regulations for a garden or potato ground.

9

16 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Francis Pinny the Fishing Admiral of the Port of St. Maries [St. Maryís] states that all unoccupied fishing beach space be made available for the fishery. They will now be public and free according to the stated Acts. The Fishing Admiral is to make this public.

9

16 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Justices of the Peace (St. Johnís)

Apprehend William Shirley, a disbanded solider from the 45th Regt. of Foot, who was sent out of the country as an idle vagabond. He will also be whipped at the public whipping post for returning. Ship him and his family back to Ireland with a vagrants warrant by selling his effects.

10

25 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William and George Tilley appear to owe a debt to Isaac and Benjamin Lester (Trinity). This is an order to explain how to proceed.

10

25 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Seven planters have made an agreement with Jeremiah Coghlan and both parties must abide by the agreement. No charges are to be made for rents, mortgages, or sales of rooms to the northward of Cape Bonavista.

10-11

26 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Brownscomb, Master of a Fishing ship says that he was the first to arrive in the harbour of ďFlour de LysĒ [Fleur de Lys] and he set up there. He was dispossessed of his area and damages were caused by Slade. Lt. Jonathan Cartwright is to examine witnesses and if true he will obligate Slade to pay the damages and recommend a personal compromise.

11

27 Aug 1766

Gov. Hugh Palliser (St. Johnís)

 

An anchor belonging to the King is placed mid-channel in the entrance of the harbour by the South Battery. It is free for the use of all vessels. Jonathan Severe, the Kingís Pilot, performs upkeep, for which each arriving vessel shall pay a sum according to the stated rates. An anchor had been stolen so there will be punishments for this and rewards for informers.

12

28 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

A Grapnel and rope were stolen from one of the buoys in the Harbour Mouth. Informants will receive a reward and may remain anonymous.

12

04 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Richard Benger and William Ludwick will choose arbitrators (in Ferryland) to adjust the book accounts standing open between the late Mary Ludwick and Jonathan Benger. Details of payment given.

12

04 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Richard Ball (Renews) and  James Keen (Fresh Water)

Is indebted £60 to the estate of the late Mary Ludwick and has given a promissory note. Must pay the debt to her executors, which will be split between William Ludwick and Mary Ludwick, now Fitzwater. Otherwise, effects will be seized by Richard Boathwaite, Esq.

13

30 Aug 1766

Gov. Hugh Palliser (St. Johnís)

 

Memo regarding a complaint in Ferryland which Captain Brathwate must enquire into. Thomas Thomas complained against his creditors. Proceed according to the 3 Sept 1764 order, which is summarized here. No more of his fish is to be attached on account of Nicholas Wills than is equal to his demand.

13

03 Sept 1766

Gov. Hugh Palliser (St. Johnís)

 

All measures of coals by the Hogshead are to be ďof sixty four gallons of wine measure heapíd up without Pressing or ShakingĒ

13

03 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Mr. Enough, Master of the Jenny, is to pay the stated sum to James Kent for the house he occupied.

13

03 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Jonathan Quinland is to deliver Jonathan Levingston and James Dougharty rum and sugar according to their agreements. He had also agreed to sell it to Mr. Elmes, for which he will make an abatement of Five Pounds to Mr. Elmes.

14-15

28 Aug 1766

Merchants (St. Johnís)

Gov. Hugh Palliser (St. Johnís)

Memorial from the merchants concerned in the fishery regarding the fees imposed by the officers of the customs. Asking to lay the case before the commissioners of the customs for new regulations which will be better for the trade and fishery. Thoughts on the matter are given and 27 men signed. The fees of Britain are stated.

16

25 Aug 1766

Alexander Dun, Collector, and James Hay, Comptroller  (St. Johnís)

Gov. Hugh Palliser (St. Johnís)

Letter stating that regulation of fees needs to be done by your Excellency Mentions of an enclosed list of fees taken from St. Johnís and Boston.

16-17

09 Sept 1766

Gov. Hugh Palliser (St. Johnís)

Merchants (St. Johnís)

Letter about customs fees in response to the two above letters. A custom house obstructing the fishery is discussed, along with ideas for regulating the fees, and mention of trading. The practices of Halifax may become the rule there. He will bring it before his Majestyís Ministers, and regulations for the meantime are given.

17

09 Sept 1766

Gov. Hugh Palliser (St. Johnís)

 

Letter to the Board of Trade regarding the apprehension of the ill effects of a custom house without regulations respecting the fishery and trade. Sending the above three letters for an order to be made.

18

11 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

A vessel was bound to Britain or Ireland and went thither. No person is to be troubled on account of this for no fishers are to be detained here on any pretence from the dominions in Europe. Justice Gill is to take notice of this.

18

08 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order given on the back of a petition against James Gassley and Timothy Galton by their dealers. Jonathan Cartwright, Esq., Surrogate, is to enquire into the complaint in Trinity. Gassley and Galton are to deliver an account of their demands and not seize any of their fish and oil.

18

11 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Ousley is to deliver to William Flaharty an account of his demands and make satisfaction for the damages and loss sustained by Ousleyís violent proceedings.

18-19

15 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

A French ship was wrecked near Lameline [Lamaline]. If anyone embezzles any part of the cargo or tackle they will have to pay triple the value of such goods. If anyone obstructs the owners the officers are to bring them in for punishment.

19

15 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

(This was published at St. Johnís, Harbour Grace, and Ferryland)

All idle people must clear the Ships Rooms theyíve inhabited for the next season, due to the current lack of space.  Anyone who causes damages in absence of the ships will be punished.

19

15 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Thomas Holdsworth is to account with Michael Shea agreeable to the Prices of St. Johnís, according to the established custom of Newfoundland, whether there was a written agreement or no written agreement, depending on the circumstances. If any dispute arises they must appear before surrogate Richard Brathwaite, Esq.

20

17 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Surrogate Jonathan Cartwright, Esq. and Justice Garland are to compel Andrew Croher to pay the wages and damages to Jonathan Le Feveur, agreeable to the 31 Oct 1764 order, or have his effects seized. He had been unable to return home due to want of wages.

20

17 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Surrogate Richard Brathwaite, Esq. upon arriving at Ferryland is to examine the issue regarding payment of a cow between Farrel, James Murphy, and Deble. Instructions given for dealing with the possible outcomes.

20

19 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Nicholas Gill, the Vendue Master, has shared with Justice Gill the brokerage for selling goods condemned in the Admiralty Court. This will be considered an agreement and if Nicholas continues he will not be disqualified, but if not, Justice can recommend another person to be appointed sole Vendue Master.

21

19 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Morris Welsh is not to receive more fish belonging to Joseph Miller than will answer his bond, and not to take it until the appointed time. An abatement must be made for the servants wages.

21

19 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

(Trinity)

Surrogate Jonathan Cartwright, Esq. is to enquire into the complaint and do justice. Regarding lawful right to come to St. Johnís. If Jonathan Churchel [Churchill?] forcibly took his effects he is to be apprehended and tried at the assizes for robbery. Petitioner not named.

21

20 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

(Put up in St. Johnís, Ferryland, and Harbour Grace)

Several American vessels from the plantations illegally stay after his departure and carry away fishermen, seamen, and artifacts. If they are now found after October they will have to stay the Winter.

21-22

22 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Several French ships were wrecked by a storm. in various harbours on the French Shore. In order to prevent the custom of plundering the effects from them, notice is given to all subjects that they will have to pay the value of the goods. If anyone causes hindrance in saving their effects, the officers are to take them in for punishment.

22

24 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Gregory Denning, Constable (St. Johnís)

Secure Michael Lester, a violent lunatic who has attempted to kill Mr. Gill, in the prison house. Details of how to treat him and what will be done with him are given.

22

26 Sept 1766

Gov. Hugh Palliser (St. Johnís)

Alexander Dun, Collector of the Customs (St. Johnís)

Discussing customs fees for coasting vessels. Dun should think of the best method for collecting from them.

23

29 Sept 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

A copy sent to the Fishing Admiral (Bay Bulls) to be put up at his Stage Head.

Decree upon a fishing room formerly claimed by Samuel Roberts (Bay Bulls). James McCullen was ordered to stop encroaching on the property. Roberts has no authority to take payment for boats left on the shore for the winter. Lieutenant William Brownís pretended order for that had never been approved, so it is now set aside.

23

01 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Blake, Servant to Robert Bulley, has been convicted for neglect of duty and is drunken and idle. Bulley may deduct from his wages, and he is to pay out of the balance due for his passage home.

23

02 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Nathanial Brooks, Esq., Merchant and receiver of the voyage of Jonathan Blakener must pay to Thomas Pindergrass the due wages with no deductions for his intercourse with a woman servant. The woman must leave the country, which Justice Brooks is to order.

23 (two page 23ís)

06 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Justice Gill (St. Johnís)

Jonathan Bennett and his wife are of no service to the country and need to be sent out of the country with a vagrants warrant. Their passage will be paid out of their effects and their hut pulled down.

23

06 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Conway Heighington has received the produce of Philip Comerfordís voyage this year. He is to pay ďthe overplus into the hands of James Dougharty on Account of Commerfordís Debt to Dougharty, and his receipt shall be his DischargeĒ

23

08 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Mr. Richards agreed with several boatkeepers  for a quantity of fish to be delivered by a set time which has now elapsed. Boatkeepers & crew wish to return to England, but Richardsí ship has not yet arrived to take delivery. The fish is to be delivered immediately to Richards and he will pay the price agreed, less the cost of storing the fish for a month.

23-24

09 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Concerning a dispute between Jonathan Norcott and Samuel Jutsham regarding rent for a Fishing Room on behalf of Jonathan Eastridge (St. Johnís). Jutsham shall pay Norcott the stated sum.

24

09 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Thomas Berry is to pay John Scarsbrook for the use of a Fishing Room in Torbay. Some of the rent had been paid to the Parish of St. Mary Church in his late Fatherís account. If the rent is not paid Justice Gill is to seize their effects to pay charges.

24-25

09 Oct 1766

Gov. Hugh Palliser (St. Johnís)

 

Certificate given to the parties relating to the above degree about the Fishing Room decreed to Jonathan Scarsbrook, his father having the same name. Provisions of possession and summary of case given.

25

10 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

A dispute between William Ousley and Mr. Flaharty concerning the right to a boat on a fishing voyage. Both have taken unfair steps. Ousley shall return to Flaharty his boat and pay a fine out of which Flaharty will pay his account. Otherwise Justice Brooks is to intervene.

25

10 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Gadon has appeared in court on behalf of George Olive due to a previous decree relating to lands near Quidi Vitty Pond [Quidi Vidi Lake]. Due to nothing being done to establish a right and him having no commission to pass grants of land it shall remain public common.

26

13 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Captain Griffith Williams has not taken down a fence he put up on land not granted to him by Gov. Edwards. He must take it down within 6 days or be fined. He is permitted to enclose the ground on the west side of Forest Pond River, near Quidi Vidi, by the said measurements for the stated use.

26

13 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Nicholas Perry is indebted to George Daris. Perry is to give Davis a proper security for his debt, or Deputy Cartwright or Justice Garland will intervene.

26-27

13 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Jonathan Coxís Master Stephen Dun has made an unjustifiable charge against his wages. Justice Brooks is to enquire into this complaint and if the Master turned the Servant away without his consent he is to pay his wages and for the passage home.

27

13 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Ousley is to state and settle his account with James Jorden and Miles Burk. If disputes arise they are to submit to arbitrators, and Justice Brooks will see that their ruling is complied with.

27

14 Oct 1766

Gov. Hugh Palliser (St. Johnís)

Mr. Justice Gill

Memo regarding Masters of Boats arriving with crews from the outports, their payment, the role of the Justices, and the possible charge to a Constable.

27-28

19 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Mr. Cartwright is to give Mr. Lilley power to seize the fish and oil of Thomas Rose and Angelo Dominique at Gull Island due to their debt to him. Payment must first be made to Servant Timothy Conner, ďand to see him Shipíd off for Ireland.Ē Welsh has not taken away any Fish, oil or anything else ďfrom the Room they absconded, and would not appear to Compound for their Debts to himĒ

28

20 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order concerning five of Andrew Pinson & Co.ís servants who were dismissed, left destitute and unable to go home, which is illegal. His boat will be sold to pay for their passages to Ireland. Thomas Buffett is to comply with the order. The five servants have surnames Ryan, Pelly, Mahaney, Tidman, and Lyon.

28

20 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Jonathan Niner shipped Jonathan Hobbs last year but has since found out he is an apprentice. Niner is to send Hobbs to England out of his due wages, as Niner requested.

28-29

21 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Andrew Pinson has discharged ten men from his service, some of them before their agreed time was up, and paid them in liquor and other things. They were left destitute and unable to return home. Their names are given. William Geaves, Pinsonís tenant, is to pay for the passages of the men to Ireland and place the same to the account of Pinson.

29

27 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Hamilton, Esq. Commander of the Favourite, is to seize prohibited goods. He has the power to enter into any ship, bottom, boat, or other vessel, house, shop, cellar, warehouse, etc and search. All are to assist him, and he is to conform to the commissions of the customs.

29-30

01 Aug 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Vessels from plantations employed in the whale fishery resort to that part of the Gulf of St. Lawrence and Coast of Labrador which is within this Government. Regulations he made relating to the different fisheries in those parts are wholly precluded from that Coast. Regulations for the whale fishery are discussed.

31

22 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Martin Brahan was not a splitter but did the best he could willingly. Therefore only the stated sum will be deducted from his wages and Mr. Brooks must pay him the balance immediately, nothing to be deducted on the pretence of salt burnt fish. [see p.34]

31

23 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

If Joseph Cook and William Combes canít agree to purchase each otherís part in the room it will be divided between them. If one does not use their part, the other can for uses of the fishery. Public places must be kept as such. Payment is discussed. Mark Whitway and Stephen Nack are to enquire into the matter, and Philip Watts to act as umpire.

31-32

24 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order relating to the Port of Bonavista. Fishing rooms were occupied by inhabitants before and since the making of peace of Utrecht (1713). The areas which are within the limits of the French concurrent fishery is discussed. They will have future support regarding encroachment upon the ships rooms.

32

25 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Hugh Abbott, William Knight, and William Powel (Bonavista) will be paid for their charges and trouble by Justice Keen as directed.

32-33

24 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Gregory Denning, Constable (St. Johnís)

Order to apprehend Jonathan Battens and keep him in custody until he complies with the Courtís order to provide passage home for Daw and pays the prison fees.

33

24 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Mrs. Ann Woodford is to pay her servant Denis Cahel for his passage from Ireland, as stated in his Shipping Paper, if it has not already been paid to the Master of the ship.

33

27 Oct 1766

Gov. Hugh Palliser (St. Johnís)

Justice Brooks (Bay Bulls)

Granting leave to resign his commission as Justice of the Peace. To return the commission to him.

33

27 Oct 1766

Gov. Hugh Palliser (St. Johnís)

Justice Blake (Trinity)

Mr. Cartwright has informed Palliser that Blake wishes to resign his commission as Justice of the Peace; Palliser agrees to this. Blake is to return the commission to Justice Gill (St. Johnís).

33

28 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Davis Garland is to pay the wages due to Thomas Ryan for his services with no deductions other than for the goods. He is to pay the passage home to Ireland to the ship Master out of the balance due.

34

28 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Henry Brooks has disobeyed the order to pay the balance of the wages due to Martin Brahan. Brooks is to pay it with the stated addition for the troubles caused. Otherwise his house or effects will be seized and sold the pay the debt. [see p. 31]

34

28 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

William Ousley is to pay Patrick Allward the due balance of his wages. Jonathan Cummings, another of Ousleyís servants, cut two of his Allwardís fingers off. Ousley is to stop Cummingsí wages which will pay both of their passages home and account for the damages of time lost.

34

28 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order recalling the powers granted to George Chisholme (Fortune) as Deputy Naval Officer to seize prohibited goods.

35

29 Oct 1766

Gov. Hugh Palliser (St. Johnís)

Justice Gill

Letter to annul the powers of Mr. Harris (Trinity). He is using his powers as Commissary of the Admiralty to the obstruction of the fishery and trade, as he did when acting as a Justice of the Peace. He will be banished if this continues. Public notice of his lack of office should be put up.

35

30 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Justice Keen is to pay Michael Fling the balance of his wages, out of which he is to pay his page home, unless John McGraw, his boats Master, shows he did not do his duties. The actions for the latter follow.

35-36

30 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Morris Welshís grievance against his creditors over charges and omissions in the account. It is to be decided by arbitrators.

36

01 Nov 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Justice Jackson (Trepassey)

James Jackson left his servants James Kelley and James Welsh destitute and unable to go home.  Justice is to seize and sell enough of Jamesí effects to pay the menís passages home, or pay for their maintenance during the Winter.

36-37

04 Nov 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Samuel Reaves and Samuel Jutsham have had accounts standing for years. Reaves and his son-in-law Thomas Neal have contracted a debt to Jutsham. Bennettís Plantation in Bennettís Cove has been discussed in terms of sales or mortgages of the property. Gov. Palliser makes rulings about how the men should proceed.

38

13 Oct 1766

Signed by Nicholas Gill, James Hays, Jonathan Newman, and Samuel Jutsham.

 

Bond given pursuant to the above matter. Samuel Jutsham and Jonathan Newman are bound to Samuel Reaves for the stated sum. They must pay the debt every year to Reaves and after his death, to Jane Neal, his daughter.

39

28 Oct 1766

Gov. Hugh Palliser, Jonathan Horsnaill. Signed by Samuel Jutsham (St. Johnís)

 

Discussion of Bennettís Plantation, in reference to the above two documents relating to Samuel Jutsham, Samuel Reaves, and Thomas Neal.

40

04 Nov 1766

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Commission appointing Nicholas Gill the only Sworn Broker of the Port of St. Johnís.

40

11 Sept 1766

Michael Franklin, Esq. Lieutenant Governor (Halifax, Nova Scotia)

 

Many Indians from Halifax assembled on the Island of Breton [Cape Breton Island] with articles of the Roman Catholic religion. Asking him to station cruisers near the island to prevent communication between them and those on St. Pierre et Miquelon.

41

14 Apr 1767

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

Justice Keen and the Fishing Admirals (Harbour of Bonavista)

French ships must not fish at Port Bonavista, which is south from Cape Bonavista. They have the authority to tell them so.

41-44

02 June 1767

Gov. Hugh Palliser, Jonathan Horsnaill (St. Johnís)

 

Order for preventing an increase of idle people and sending home those who stay during the Winter but are of no use. Published in all principal harbours. Identifies the issues of advancing wages and omitting in the menís shipping papers that they are to have their passage home as why men are left here. The effects of this practice are discussed. He has informed the Kingís Ministers. Gives notice regarding how to handle this situation and how deserters will be punished. [see p. 93]

44

23 June 1767

Gov. Hugh Palliser (Great St. Laurence)

Michael Gill, Esq., Commissary of the Admiralty Court (St. Johnís)

Proceed against the schooner Admiral Saunders (Boston). It was seized for illicit trade with Miquelon through the hovering clause. Captain Drummond of the ship Pearl seized the schooner.

44-46

28 June 1767

Gov. Hugh Palliser (Great St. Laurence)

Michael Gill, Esq.,  Commissary of the Admiralty Court (St. Johnís)

Proceed against the Brigantine Phoenix (New York) seized for illicit trade. Lieutenant William Stanford, Commander of the schooner Hope, seized it. 4 causes of seizure and the acts that were violated are given, some having to do with the French. Wages are discussed.

46

28 June 1767

Gov. Hugh Palliser (Great St. Laurence)

Michael Gill, Esq.,  Commissary of the Admiralty Court (St. Johnís)

An addition to the previous letter regarding the Phoenix discussing the Master having served on a French ship instead of being a British subject. Only for private information, not to be mentioned in the public proceedings. Discussion of how to deal with enumerated goods under the Molasses Act.

46-47

07 July 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Great St. Laurence)

 

Henry Back, a Planter in Great St. Laurence Harbour, has pulled down the house and taken the materials which belong to a Shipís Room. This is contrary to the Fishing Act. Punishment is stated.

47-48

18 July 1767

Gov. Hugh Palliser (Croque)

Mr. Pinson (Conch)

Memo: John Gorman is sent back to his master Mr. Pinson. He is to keep him employed but may deduct the stated wages. Pinson is to stop his usual practice of leaving his servants unemployed here and alter his general conduct. His employer, Mr. Noble, does not support his conduct. Gov. Palliser is going to Labrador for roughly one month.

48

23 July 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

Warrant to Lieutenant George Dawson for apprehending the people belonging to the whaling vessels in Temple Bay, Labrador who set fire to the woods. The masters are to send all their people to help put a stop to it. Gov. Palliser will decide if it was done willfully or negligently. Whaling vessels are now excluded from the harbours on this coast.

48

23 July 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

Whaling vessels from the plantations frequently set the woods on the coast of Labrador on fire. Anyone, who by any means or intent, sets any of the woods on fire will be apprehended and tried in St. Johnís.

48-49

23 July 1767

Isaac Freeman [Speedwell], Benjamin Berry [Good Intent], Joseph Doans [Sarah]: Masters of whaling vessels (Pitts Harbour, Labrador)

Gov. Hugh Palliser (Pitts Harbour, Labrador)

Petition concerning the woods set on fire in Temple Bay. Stating it was not wilfully nor maliciously done. They respect the law and will conform to the regulations for preventing fires and are trying to stop the flames. They would like to proceed on their voyages and will enter into any obligations.

49-50

 

Sent by Gov. Palliserís directions

Isaac Freeman [Speedwell], Benjamin Berry [Good Intent], Joseph Doans [Sarah] (Pitts Harbour, Labrador)

The three masters named were concerned and present, along with others who escaped, during the fire abovementioned in the previous 4 documents. Gov. Palliser permitted them to proceed on their voyages. Discussion of the issue.

50

09 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

Captain Jonathan Hamilton, Surrogate for Labrador

Justice George Robinson Walters, Esq. at Forteaux was informed that a crew of 8 men had a quarrel and one of the men, Richard Newgent was murdered. It is likely that another man was murdered lately by some of the crew at the Island of Bois. The men are to be apprehended and tried at St. Johnís. The rest of the crew is: Henley, Dunfee, Nosworthy, Windsor, Carter, Wollicot, and Dellon. The locations of these men at the time are listed.

51

09 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

Nicholas Darby, employer of the seven abovementioned men

Give Captain Hamilton, Surrogate for Labrador, the Shipping Papers and accounts of the seven men suspected of murder in the above document. Provide good bills of exchange payable to Michael Gill, Esq.

51-52

09 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

Captain Jonathan Hamilton

Concerning a murder committed at Charles River [also referred to as Cape Charles] amongst a crew there. William Fermeaux was likely murdered by some of his crewmates Bishop, Peterson, and Furnix. Apprehend the three men so that they can be tried at St. Johnís. The locations of these men at the time are listed.

52

09 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

Nicholas Darby

Give Captain Hamilton, Surrogate for Labrador, the Shipping Papers and accounts of the three men suspected of murder in the above document. Provide good bills of exchange payable to Michael Gill, Esq.

52-53

 

Adventurers of Fishing Ships from Britain to the Coast of Labrador

Gov. Hugh Palliser (Pitts Harbour, Labrador)

Determined to pursue the ship fishery with his continued support. Expressing gratitude for helping to quell the history of disputes there. Brief mention of Quebec fishery. [see p. 66]

53

14 Aug 1767

Directed to send by Gov. Hugh Palliser (Pitts Harbour, Labrador)

George Le Nouvel, Master of the French Ship La Rada, Francis Jaham, Master of the French Ship LíEtoile [microfilm damaged-possibility of missing recipient]

In response to their application made to Captain Hamilton of the Merlin. Their attempts to encroach on the fisheries in violation of treaties and orders will lead to punishment when Gov. Palliserís report is sent to the Court of France. Future boats, people, and ships will be seized for such acts.

54

15 Aug 1767

Gov. Hugh Palliser (Pitts Harbour, Labrador)

 

Memo: Nicholas Darby must convey Nicholas Flemon and his wife back to Newfoundland or Ireland and settle the account. If he does not comply or brings more people to Labrador he will not be allowed to carry on any business on the coast.

54

[microfilm damaged, date missing] 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

[Microfilm damaged so some information is missing.] Recipient is to tell other Masters of French Ships]

Notice is given to all French ships at Quirpon that if they trade with the Natives their ships will be seized and confiscated. Note to never be unarmed and to stay on their guard when around the savages.

54-55

17 Aug 1767

Gov. Hugh Palliser (Pitts Harbour, Labrador)

Captain Hamilton of sloop Merlin.

A dispute of a claim to the sealing post at Macatina between Mr. Brush and Mr. Goodfellow and their fishing ships arriving from Britain. Discussion of their merits and failures regarding the fishery and trade. Mentions of clandestine trade with the French. [see p.56]

55

18 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

The late James Bombanouse (Bristol) went bankrupt. Any people who have demands on his estate are to prove them in the Admiralty Court to be admitted amongst the creditors. All indebted to him are to pay their debt to Jeremiah Coghlan, late agent and new attorney.

55-56

18 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

The 8 planters are to comply with their bonds with Jeremiah Coghlan for their fishing voyages. Having heard of Bombanouseís bankruptcy they have pretended about their supplies. The planters shall pay Coghlan with fish or bills of exchange for their supplies but only in proportion with their ability to pay if needed.

56

23 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

Mr. Brush has requested occupation of the sealing post of St. Augustine on his Fishing Ship, after Mr. Goodfellow was granted the post of Macatina. Mr. Brush is approved for the requested post. As encouragement to both to become British ship fishers, they are both allowed one other post on the stated conditions. [see p. 54]

56

04 Sept 1767

Gov. Hugh Palliser (St. Johnís)

Captain McDonald, Commanding His Majestyís Garrison (St. Johnís)

William Keen is not to be obstructed from erecting any fishing works within the stated limits, though it may be taken down for the stated reasons.

57

04 Sept 1767

Gov. Hugh Palliser (St. Johnís)

 

William Keen, Esq., Justice of the Peace (Bonavista) is to take down the dwelling house lately inhabited by the late John Flanagan, along with all huts not belonging to the fishing rooms and that are built by Irish Roman Catholics. No others are to be built.

57

08 Sept 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq. Commissary of the Vice Admiralty Court (St. Johnís)

Prosecute a bond given by Leonard Webb, Master of the Catherine snow, who had said to the inhabitants of Trinity he would carry unemployed men out of the country. Recover the penalty from the bond to pay for passages home.

57

09 Sept 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq. Commissary of the Vice Admiralty Court (St. Johnís)

The French Ship Chere Maria under master Jacque Quenal was seized for illicit trade. It had been fishing under the privilege granted by the treaties. Lieutenant Stanford commanding the schooner Hope seized the ship for having furs onboard.

57-58

10 Sept 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq. Commissary of the Vice Admiralty Court (St. Johnís)

The Bonaventure schooner Johanes La Valet with a master from Quebec has carried on clandestine trade with the French at Port au Choix and was carrying tobacco without clearance. Captain Hamilton of Merlin seized her and Gill is to legally proceed against her.

58

14 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Cornelius Linahan and Morris Power have a fishing room (Tilton Harbour). There are fishing works they did not contribute to and they are not qualified to own it according to an Act by William 3.  Any qualified British fishing ship may take possession of the room.

58-59

16 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The servants of William Marshal, employed by John Pike (Carbonear), have been defrauded of their wages and had their produce forcibly taken. Surrogate Jonathan Cartwright, Esq. is to deal with this case when he arrives at Harbour Grace.

59-61

26 Aug 1766

Gov. Hugh Palliser,  Jonathan Horsnaill

 

An unfilled Surrogate Commission and Instructions with blank spaces for the name and location of the Surrogate. Instructions on the Surrogateís duties. [see p. 111 for the 1768 Commission]

61

17 Sept 1767

Gov. Hugh Palliser (St. Johnís)

 

Order given on the back of a list of debtors to George Rider (Bonavista). The 8 men mentioned are to pay their debts to Rider. The men are Tilley, House & Cotteral, Poor, Abbott, Porter, Tilley, [microfilm damaged] and Hallford.

61-62

17 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Commission for Oyer and Terminer. Description of authority and duties included. Appointing Michael Gill, Edward Langman, William Keen, John Gale, Nathaniel Brooks, George Williams, and William Thomas.

62

21 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Brock (Harbour Grace) must settle the accounts and employ his servants according to their shipping papers so they can go home. Otherwise, Surrogate Jonathan Cartwright, Esq. is to apprehend Brock and redress the servants. Until then the fish and oil will not be taken.

62

22 Sept 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq.

Grant a certificate to the Master of the French Ship under seizure for illicit trade so he can purchase provisions with part of his cargo.

62-63

24 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

A Fishing Room on the South side of the Harbour known as Woodmasons Room has been unused for years. The last possessor Richard Woodmason, a Boatkeeper of Ringmore in Devonshire split it between his son and daughter in his will. Part of the fishing room shall be free for any person who employs fishing ships unless the Woodmasons use the room for the fishery.

63

14 Sept 1767

Gov. Hugh Palliser (St. Johnís)

 

Nathaniel Brooks and Peter Weston have equal claims to the grass. They are to alternate cutting the grass. [see p. 314]

63

24 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Nicholas has not complied with his agreement and the Fishing Room has remained unoccupied. Philip Mosey is to re-take possession of it and use it for the fishery.

64-65

29 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

A copy sent to Surrogate Jonathan Cartwright, Esq. (Harbour Grace)

He refuses an application from the merchants to stop their servantís wages on account of a bad season.  Gives orders concerning putting an end to servants being idle and neglecting their duty. Principal harbours are St. Johnís, Harbour Grace and Carbonear, and Trinity. [see p 71)

65

02 Oct 1767

Gov. Hugh Palliser (St. Johnís)

 

Surrogate Thomas Allwright, Esq. is to compel Nathaniel Brooks to settle the accounts and pay the due balance to William Poor. The charges of Mr. Mansfield, the lawyer, are to go to Brooks. If he does not comply he will be put in prison.

65

02 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq., Commissary of the Vice Admiralty Court

Proceed against the schooner John and Mary which was seized for illicit trade with the French at Port au Choix. Lieutenant Stanford seized the schooner.

65

20 Sept 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Orders for dividing the effects of the late James Wyat who died intestate and occupied a Fishing Room known as Wyats Room. The goods and chattels will be equally divided between his widow Jane Wyat and his next of kin Jonathan Wyat (Plymouth in Devonshire) after his debts are paid.

66

10 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

[Relating to above document] Jane Wyat and Jonathan Wyatís attorney Edward Rider appeared in court. John has paid Jane for her moiety of the goods and chattels and he will pay the debts and keep possession of the Fishing Room.

66-67

10 Aug 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (Pitts Harbour, Labrador)

 

Establishment of the British Ship Fishery in Labrador. He approves building new fishing places and forbids fishers from staying the winter. A strong block house is erected in Pitts Harbour with an officer and a guard. [see p 52] 

68

 

 

 

Form of an account and register to be kept of the stages in Labrador in case of disputes. Instructions for the Fishing Admirals included.

68

 

 

 

An account and the limits of the principal harbours on the coast referred to in the regulations respecting winter sealing posts and the privileged crews that may be left at each.

69-70

22 Aug 1767

(Chateaux Bay, Labrador)

 

Additional rules proposed in Labrador that were agreed to and registered. States necessary size of stage rooms and regulations for them [only for Esquemeaux Island, Henley Island, Castle Islands, and the Seal Islands, which are stage room only]; rules for ending unfair practices which obstruct others from the island; liquor regulations; and regulations for space of flake rooms and beaches needed by boats [this rule does not extend to the stage room only islands listed].

70

01 Oct 1767

Gov. Hugh Palliser (St. Johnís)

 

Thomas Grant has come from Ireland to serve in the fishery but has not been able to get a master. He is now in distress and wants to return home. The passage coming out is not liable to be paid.

71

01 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Jonathan Cartwright, Esq., Surrogate (Harbour Grace)

Regarding complaints against servants for neglecting their duty. This has also been sent to Mr. Garland with a form for collecting the account of such. Directions for making his judgment given. [see p 64]

71

06 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Regarding John Footís complaint against his boat crew for neglect of duty. After examination of the case the stated abatements are to be made for each man. 7 names are listed: Johnson, Hickey, Cavanah, Burn, Flahey, Burk, and Burh [?].

71-72

08 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Thomas Traceyís Master Jonathan Sims (Fogo) has discarded him at the end of his service without any way to get home to England. Either Tracey will live in Sims house be cared for, or Sims will provide passage home. The like order was given to Charles Bridgman servant to William Brown (Bonavista).

72

09 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Nathaniel Brooks is to pay the penalty for employing a deserter and charge it to the stated account.

72

09 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Order for Jonathan Gale to appear in court to answer the complaint of Jonathan Foot and James Nairneís 18 servants. Gale has taken their security and refuses to pay their wages.

72-73

10 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Order for Jonathan Gale to pay the wages of Jonathan Foot, James Nairne and Philip Pippy (ďall insolvent debtorsĒ employed this summer by Gale on a fishing voyage). 24 fishermen were engaged, who are named. They are now unable to return home. Gale is deemed to be their employer and must pay the wages and provide for passages home or subsist them.

73-74

13 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Joseph Hayward (Greenspond) employed Patrick Duncey on a fishing voyage and gave him all his credit. He employed 13 fishermen, who are named. The fishermen are unable to return home due to their wages not being paid.  Hayward is deemed their employer and must pay the wages and subsist them. William Keen, Esq., Justice is to apprehend Hayward and stop him from leaving the country.

74

15 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Jonathan Batten, Sherriff

Jonathan Cahil is sentenced to be hanged for murder, which Batten is to see carried out at the stated time and date. His body is to be buried.

74-75

16 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

There are disputes between Robert Bulley and 5 boatkeepers regarding payment of debt and fish. Michael Gill will decided disputes from the mercantile accounts. The boatkeepers are Crockwell, Coleman, Harvey, Low, and Cummings.

75

15 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The boat crew neglected a dayís work and must pay the stated sums out of their wages to make up for it. Thomas Bulley is the boats master, and Patrick Kelley and Martin Power are part of the crew. Jonathan Levingston is the petitioner.

75

16 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Potter and Jonathan Tilley are to settle with all their servants. Mr. Gill will decide the outcome of any disputes between them.

75

18 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Goding has let his servant Robert Percel run out of his wages without passage home. Goding must pay his passage home. Until then Percel will subsist off of Godingís home and necessities without being liable to prosecution for trespassing or robbery.

75-76

17 Oct 1767

Jonathan Cartwright, Esq., Surrogate to Gov. Palliser (District of Conception Bay, Harbour Grace)

 

The servants of Jonathan Horwood (Western Bay) complain against Jonathan Pike (Carbonear). Servants are Breton, Hore, Blaheley, Welsh, Donald, Four, Mollet, and Bartue. Their wages have not been paid due to his debt. Gives an account of the voyage to the Governor or Justice Gill.

76-77

20 Oct 1767

Gov. Hugh Palliser; Michael Gill, Edward Langman, Justices; Jonathan Horsnaill (St. Johnís)

 

From court: In reference to the above document. Discussion of debt and payment of wages for Jonathan Pike, his servants, and Jonathan Horwood. Mr. Cartwright is to determine the matter.

Note from 23 Oct that the menís passages home shall be a sufficient proportion for Pike to pay.

77

21 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

A Fishing Room on the South of this Harbour known as Bolesís Room is not being used. If Boatkeeper Jonathan Boles [also spelled Bowles in the same document] (from Brickus in Devonshire) does not make use of it for the fishery he will lose his claim to it, and it will become free for a person in the fishery to claim.

78

22 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Dun, a carpenter, has complained against Charles Garland for not paying him the agreed upon sum for work done in the new church at Harbour Grace. It will be determined by Jonathan Pike, Conway Heighington, and a third person chosen by the minister. The opinion of the referees is final. Note that the unpaid contributions must be called in to pay the debt.

78

22 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Justice Gill

Requesting a warrant to seize all James Sheppardís effects for payment of the servantsí wages. They have been left here in distress.

78-79

22 Oct 1767

Gov. Hugh Palliser; Michael Gill, Edward Langman, Justices; Jonathan Horsnaill (St. Johnís)

 

From court: In reference to the above document about the servants to James Sheppard, and Jonathan Gale who received the product of the voyage. Mentions of bills of exchange, payment of wages, and ensuring they can go home. Must report to Michael Gill next spring. List of servants with their wages and if/where they were paid included.

79

23 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Michael Gill and Edward Langman, Justices of the Peace (St. Johnís)

Huts owned by Irish Roman Catholics who entertain vagabonds are to be pulled down.

79-80

24 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Justices, Sheriffs, Marshals, Constables, and Officers, especially Charles Garland and Jonathan Parsons, Marshal at Harbour Grace

Arrest Jonathan Pike, William Lilley, and George Davis, now likely in Harbour Grace or Carbonear. They are to appear before the court on the stated date to answer for sundry complaints made by many poor fishermen who have served on fishing voyages in Conception Bay, been refused their wages, and are now unable to return home. A note to also proceed in the like manner against Captain Hugh Roberts.

80

26 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

A Fishing Room in Quidi Vidi known as Taplyís Room is not being used. If Boatkeeper William Tapley (Devonshire) does not make use of it for the fishery he will lose his claim to it, and it will become free for a person in the fishery to claim.

81

26 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Nathaniel Brooks is to pay the balance of the servants to James Bryan, their wages with bills payable to themselves only, first providing their passage home. If Bryan remains in Brooksí debt he may attach effects to the same amount.

81

27 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Levingston has stated there is a vacant Fishing Room in Quidi Vidi known as Rowes Room. He will take it over if he can have possession of it. If no one immediately claims it and declares they will put it to use he can use it for his benefit. [see p 88]

81-82

28 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Felix McCarthy [sometimes spelled McCarty] has received the produce of a fishing voyage under the management of Thomas English. McCarthy is to pay the wages due to the fishermen who are named and provide their passages home, or make proof of their misconduct. Otherwise, they may enter his home to subsist themselves.

82

28 Oct 1767

Gov. Hugh Palliser

 

Thomas Flavahan, Master of Voyage made oath to the account of Thomas Englishís voyage. William Newgent and Jonathan Fowler back it up.

82

28 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Justice Garland is to proceed in the case of the servants of Morgan Sherraden in the same manner as in the servants of Thomas English, as in any other such cases regarding Felix McCarthy. In cases where embezzlement appears against the servants only the passages home will be paid.

83

27 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Justices of the Peace (St. Johnís)

Give orders for pulling down the huts which were inhabited by Irish Roman Catholics contrary to given orders.

83

30 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The Justices of the Peace (District of Ferryland) are to raise the stated sum from the inhabitants as stated for Mr. Weston and Mr. Carter for the prisoners sent from Ferryland.

83-84

31 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Justices, Sheriffs, Marshals, Constables, and Officers, especially

Charles Garland and Jonathan Parsons, Marshal (Harbour Grace)

A number of fishermen are left in Conception Bay without their due wages and in distress. The disputes between the boatkeepers, merchants, and receivers of the produce of the voyage, Jonathan Pike, George Davis, William Lilley, and Hugh Roberts, about the payment of the wages cannot be heard until next season. Garland and Parsons are to arrest and detain the boatkeepers, and Pike, Davis, Lilley, and Roberts until the fishermen are taken care of. On 02 Nov 1767 Michael Gill reinforced the order to Garland and Parsons. [see p 79-80]

84-85

31 Oct 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Justices of the Peace (St. Johnís, Bonavista)

All principal merchants, traders say that there are disorders to the fishery because of liquor. 4 orders to prevent this. Mention of Roman Catholics.

85

02 Nov 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Nathaniel Brooks states that there is a vacant fishing room on the North side of Bay Bulls adjoining to James Cullyís lower room and extending to a room named Nosworthys Room. He will use it if he can have possession of it. He can erect fishing works for his benefit.

86

02 Nov 1767

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Simmonds states that there is a vacant fishing room in Bay Bulls named Andrews Room, formerly occupied by Jonas Williams. He will use it if he can have possession of it. He can erect fishing works for his benefit.

86-88

03 May 1765

William de Grey, Thomas Evans: Notary Public (Bristol) and his clerk William Gundry.

 

A case and opinion for the Governorís information. Gives a clause from an Act of the 10th and 11th of William 3rd about stages, cook rooms, and beaches for the fishery. Doubts on the act are explained regarding where the French had fished. [see p 285]

88

04 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Levingston has built fishing conveniences for boats on the previously vacant room. He is authorized to use them for his own benefit. [see p 81]

88

04 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Thomas Row (Ringmore in Devonshire) intends to erect fishing works at Quidi Vidi and requests security that he will have use of it. He is authorized to do so in any vacant room in Quidi Vidi or elsewhere.

89-91

04 Apr 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Regulations established about the whale fishery in Newfoundland and Labrador to prevent disputes which obstruct the said fishery. Arbitrators may be used. 6 rules had been previously given and now 3 more are suggested.

91

05 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Conway Heighington (Harbour Grace)

Thanking him for forwarding the letters from England. Sent the order by Webber, a Boatkeeper, directed to Garland with a letter for Cartwright. Regarding protection of the fishery and servants, and the danger of subjecting labouring men to abatement for an unsuccessful season. [see p 64]

91

26 Oct 1767

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq., Commissary of the Vice Admiralty Court (St. Johnís)

The King has commanded not to permit their fishermen, seamen, and artificers to run to the continent, as it is harmful to the Kingdom. Do not give passes to anyone to go there during his absence from the country. Oblige all employers to send their useless men home to England or Ireland. In every warrant or order for fish or oil for debts the labourersí wages must first be secured.

92

04 Apr 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Ten fishermen were not provided passage home by their Masters at the end of their service. Jeremiah Coghlen, Naval Officer (Fogo) caused them to be sent home on the ship Hope by William Butler. William Parker, Esq. is to enquire into the matter and if true the masters must pay the master of the ship as explained. The fishermen were Conners, Murphy, Tracey, Kennedy, Cull, Gorman, Denahy, Brenon, Supple, and Drake.

92

20 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

The Fishing Admirals at Twillingate

P.J. Delarue, Captain of the French fishing ship Bonís Amis has been deprived of his choice of a room in the Twilinget [Twillingate]. The Admirals are to enquire into the matter as directed. [see p 93 & p 101]

93

20 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

P.J. Delarue, Captain of the French fishing ship Bonís Amis (Twillingate)

Regarding the above document. Delarue is to answer questions about the Fishing Room, which are stated. [see p 101]

93

22 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill; Michael Gill and Edward Langman, Justices of the Peace (St. Johnís)

 

Court proceedings regarding the fishery: Captain Pitts, Fishing Admiral (Petty Harbour) stated that Jonathan Dun assaulted him. Henry Chafe, Constable, is to apprehend Dun and bring him in to answer the complaint.

93

22 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The Fishing Admirals (Petty Harbour) state that Philip Watts, Peter Hays, and others have unlawfully encroached on and obstructed the use of the ships room. The men are to stop encroaching.

93-94

25 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Order to all planters and others to provide passage home for each of their men at the end of their service. All masters of passage ships are to take all such men. Any masters who do not comply will be held responsible for the disorders of men left here.

[see p 41]

94

27 July 1768

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq. Commissary of the Vice Admiralty Court (St. Johnís)

Merchants are requesting their goods upon freight onboard the brig under seizure for not having a register. Gill is to sort the matter out.

94

27 July 1768

Gov. Hugh Palliser (St. Johnís)

Alexander Dun, Collector of Customs (St. Johnís)

[See above document] Merchants are requesting their goods upon freight onboard the brig under seizure for not having a register. Has informed the Judge of the Admiralty Court who will signify to Dun what may be legally done.

94-95

29 July 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Order to prevent the obstruction of fishing ships (Harbour Grace) by cattle and swine belonging to the inhabitants. The proximity of the animals is unlawful behaviour so they may be killed if they come upon any ships room. Obstructing shallops or boats may be launched into the water.

95

01 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

The Fishing Admirals (Petty Harbour)

Encroachments made by the inhabitants (Petty Harbour) upon the ships rooms to the detriment of the Ship Fishery must be stopped. The Fishing Admirals are to hold an admirals court and take an account of such encroachments. Also, give notice to quit doing so according to the Fishing Act and take and report an account of all ships rooms to prevent future disputes. [see p 108]

95-96

02 Aug 1768

Gov. Hugh Palliser (St. Johnís)

Justices of the Peace (Ferryland)

The Justices have stated that the charges on account of the executed malefactor (Ferryland) has not been paid, which must be done. Raise the money from the named twenty-four people who entertained idle people. Apply the charges stated. [see p 83]

96

06 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The debtors are to pay their debts according to their abilities after their servantsí wages are paid.

96

08 Aug 1768

Gov. Hugh Palliser (St. Johnís)

Charles Garland, Esq., Justice of the Peace (Harbour Grace)

Put up the enclosed notices in Harbour Grace and Carbonear. Do not interfere in any matter relative to the fishery or servantsí wages. Send one of the notices to Jonathan Pike, George Davis, William Lilley, Hugh Roberts, and Felix McCarthy who defrauded labourers of their wages, the practice of which Gov. Palliser is determined to stop. Send an account of the families in the district.

96-97

06 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The servants of planters (Conception Bay) have not been paid their wages or their passage home, so they must stay during the winter. Planters are to pay their servants before parting with their produce. Receivers of the produce will not be permitted to ship off any fish or oil. The servants may detain the produce in the rooms for security of their wages.

97

11 Aug 1768

Gov. Hugh Palliser (St. Johnís)

William Keen, Esq. Justice of the Peace (Bonavista)

Transmit the affidavits relating to Timothy Martin shooting another man so the Grand Jury can find a bill. The trial is fixed for the 03 Oct and the necessary preparation is mentioned. Put up the notices to clear the country of idle people.

97-98

11 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

William Keen, Esq., Justice of the Peace (Bonavista)

Directions for how to proceed in the case against Timothy Martin, now in jail, who shot and wounded [no name given] in Bonavista Bay. Raising the charges is discussed, which will be paid to the Commissioners of Oyer and Terminer. Estimate of the charges given.

98

15 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Stripling has used large sums in rebuilding all the fishing works. As long as he continues to pay the rent late belonging to Christopher Archer he is to have use of it. Discussion of property laws. [see p 193]

98-99

14 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Michael Gill, Esq., Commissary of the Vice Admiralty Court (St. Johnís)

Lieutenant Graeme, Commander of the snow the Egmont, has stated that he seized the English shallops at anchor at St. Peters Island, contrary to the stated act. They were rescued from him by the French, are returned to this country, and belong to Thomas Spearing (St. Lawrence) and Francis Halls (Mortier). Orders for the shallops to be re-seized and proceeded against.

99

16 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Dispute between William Geaves and Jonathan Henley concerning a right of preference to build fishing conveniences upon a vacant spot. Geaves has first opportunity to build there but if it remains vacant then Henley may use it.

99

23 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Tilley of the Parish of Cristow in Devon intends to erect fishing works in Torbay on a vacant place formerly occupied by Peter Main. He may do so without disturbance according to the Fishing Act. [see p 262]

100

13 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

No one is allowed to work on Sunday, the Lords Day, except for necessity and charity, and should spend the day praying. Some people, particularly at Petty Harbour, spend the Lords Day in drunkenness and excesses, and many go fishing. The Justices of the Peace are to use the law against such offenders.

100

15 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Whealer is to pay John Mortimore for the damages caused by taking up his ďkillockĒ [killick; home-made anchor of stone & spruce boughs]] and rendering it useless. If he does not comply with the order any constable can bring Whealer in to answer the complaint.

100-101

18 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jeffery Tizard is in jail awaiting trial on the charge of murdering Benjamin Odle at the Island of Twillingate [spelled here Twilingate]. Ways to raise money for the trial are discussed. Funds will be paid to the Commissioners of Oyer and Terminer. The person being ordered to do this is not named. [see p 108]

101

18 Aug 1768

Gov. Hugh Palliser (St. Johnís)

The Fishing Admirals (Twillingate)

Must deliver the enclosed decree upon a complaint made by P.J. Delarue, Master of a French Ship. Do not insult any Frenchmen and be impartial in the proceedings so that the concurrent fishery may be carried on peacefully.

101-102

18 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

[See above document] Regarding a complaint from P. J. Delarue, Commander of French Fishing Ship the Bons Amis (Twillingate), who was obstructed from taking two places upon his arrival. Found that neither of the places were vacant at the time and were in use for the fishery by the English. Delarue has been using a different fishing place. Ruling is given.

102

18 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Referring to a case with Hamont [Hamon], Master of the French fishing ship Maria Ann, now at Greenspond. It was sent to him by the English Fishing Admiral (Fogo). He has acted contrary to both English and French laws. Masters of English fishing ships may choose vacant spaces as they arrive in the several harbours

103

18 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Paul Dukes (Twillingate)

Commanded to appear before the Commissioners of Oyer and Terminer at the general assizes to give evidence on the trial of Jeffery Tizard who is charged with the murder of Benjamin Odle.

103

23 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Marin Poor made oath that James Keen (Fresh Water near Ferryland) hired him to serve on a fishing voyage. Keen is to keep him in his service until the agreed upon date, pay him, and provide passage home to Ireland.

103-104

25 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

David Bailey declared that he agreed with Benjamin Lester to be employed by him on a fishing voyage. Bailey has not delivered Lester the appropriate amount of fish but has delivered fish and oil to Richard Waterman. Jonathan Cartwright, Esq. is to examine Waterman and the servants of Bailey. Assemble a jury of 12 principal traders to decide the matter.

104

25 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Benjamin Lester (Trinity) made oath that Edward Carthy is indebted to him. Carthy is to pay the debt.

104

26 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Benjamin Lester made oath that Jonathan Barrett is indebted to him. Lester is to take possession of Barrettís fishing conveniences and receive all due rents.

104-105

27 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Gregory Denning, Constable and Deputy [Marshal?] of the Vice Admiralty Court

Hugh Roberts (Harbour Grace) has ignored orders to pay the due wages to several men, because of which many of the men have not been able to go home. Denning is to go there and seize then sell his effects. [see p 111]

105

27 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Timothy Toul (Belle Isle [here spelled Bell Isle]) is to appear before the court to make oath to the respective accounts of the men employed with him who have not been paid their wages.

105

28 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Witten of the Parish of Dorlish in Devon has fishing conveniences on the south side of the harbour requests to extend his works to a vacant room if he can have possession of it. It is granted according to the Fishing Act with special note of article 9 (as is consistently noted).

106

30 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Charles Garland, Esq., Justice of the Peace (Harbour Grace)

Edward le Rosignol (Jersey) murdered Jonathan Luce and is considered a madman. He is in confinement in Harbour Grace at Conception Bay. Garland is to call the six men of repute who are named, examine Rosignol, and certify whether he believes him to be a madman or not. Further directions are given, based on his conclusion.

106-107

30 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Charles Garland, Esq., Justice of the Peace (Harbour Grace)

James Shortell, employed by William Lilley (Harbour Grace) was charged with the murder of a man. Shortell had been apprehended by William Jackson, Esq., Justice of the Peace (Trepassey) and was committed to the care of Peter Cosey, who brought him to Lilleyís house, where he escaped. Garland will be assisted by the 12 reputable persons named in certifying who is at fault for his escape.

107

30 Aug 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Daniel Carey and William Middleton served with William Pope at Devils Cove on a voyage. They have not been paid their due wages. The produce of the present voyage is to be detained until all necessary wages are paid.

107

01 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Tucker has fishing works at Brackus [Brigus?] by South. He intends to extend his fishing works to a vacant room if he can have possession of it. It is granted according to the Fishing Act. [margin note: ďIt has been proved to me that the vacant ground within mentioned is now an entire abandoned WasteĒ]

108

01 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Anyone who has accounts standing with William Ousley, now bankrupt, must account with Henry Brooks, lawful attorney.

108

 

Jonathan Pitts, Admiral, and Nicholas Gidley, Vice Admiral

Gov. Hugh Palliser (St. Johnís)

The Fishing Admirals and principal men (Petty Harbour] report of the ships rooms [as requested on p95]. Witnessed by Jonathan Sharpham and Hugh Whiteway.

108

01 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Philip Watts is to give the fishing ships he had claimed as his own to the public. He is permitted to take down certain works he made and set them up on any other vacant room but leave the others for the public.

108-109

01 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The room that William Simmonds obtained a permit to build upon (Bay Bulls) was not vacant then but had buildings by Henry Brooks on behalf of Betty Pottery (Devon). Brooks is permitted to continue building.

109

03 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Batten (Devon) intends to extend his fishing works on a vacant room if he can have possession of it. It is granted according to the Fishing Act.

109-110

03 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Pool (Devon) intends to extend his fishing works on a vacant room if he can have possession of it. It is granted according to the Fishing Act.

110

05 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

David Codner (Kings Castle Devonshire), a Boatkeeper, intends to extend his fishing works on a vacant room if he can have possession of it. It is granted according to the Fishing Act.

110

05 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Butler (Devonshire) intends to extend his fishing works on a vacant room if he can have possession of it. It is authorized according to the Fishing Act. [see p219]

111

06 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Collins, William Wornel, Joseph Saunders, and Barnaby Mooney, all Boatkeepers, intend to erect fishing works upon vacant ground (Point Vert in Placentia Bay) if they can have possession of it. They are all permitted to do so according to the Fishing Act.

111

05 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Hugh Roberts has provided bills for payment due to Thomas Vail and William Hogan, who are servants of Timothy Tool. The bills will not be delivered until the matter has been confirmed, as explained.

111-112

05 Sept 1768

Gov. Hugh Palliser (St. Johnís)

Respective Justices of the Peace [microfilm faded-may be some more information]

The negative effects of men serving on fishing voyages and contracting debts are explained.  Must use authority as Justice of the Peace in the stated manner. Mention of the correct amount of credit to give during the voyage.

112

06 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Revoking the commissions as Justices of the Peace of Robert Edgcombe and John Haddock (Placentia) due to complaints about their behaviour. They are to deliver their commissions to Surrogate Richard Brathwaite, Esq.

112

06 Sept 1768

Gov. Hugh Palliser (St. Johnís)

Robert Edgcombe (Placentia)

Revoking the commission as Naval Officer of Edgcombe. The commission is to be delivered to Surrogate Richard Braithwaite, Esq.

112

07 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Marshall is to allow Cornelius Harragan half of the caught fish, the stated proportion for missed work in Carbonear, the usual amount for travel to St. Johnís, and the stated amount for provisions.

113

07 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Morris Welsh is to employ Jonathan Grace until the time agreed on in his shipping paper, then settle and provide his passage home. Details of the arrangement are given.

113

07 Sept 1768

Jonathan Pike Junior (St. Johnís)

 

Obliging to answer all orders issued by the Governor or his surrogate. Discussion of paying the due wages to the servants of John Stonelake & Company and to the boatkeepers by seizing the effects of the company. Witnessed by James Pike and Jonathan Horsnaill.

113

07 Sept 1768

Gov. Hugh Palliser (St. Johnís)

JPs at Harbour Grace (names are too faint to read)

A copy of a regulation established at St. Johnís for the benefit of the adventurers in the fishery and its benefits is attached. Traders in Conception Bay have requested the same regulation. He is to enforce this regulation or his commission as Justice of the Peace will be recalled. [Note to see p84]

113-114

07 Sept 1768

Gov. Hugh Palliser (St. Johnís)

 

Memorandum: Cartwright, upon arriving at Harbour Grace, is to adjust the wages of the servants of Thomas Boyle and William Feeney, and oblige Jonathan Maloney, receiver of the produce, to pay the due balance and attach all his effects.

114

08 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

There is a vacant fishing room between the fishing works of William Keen, Esq. and William Beirl. William Gaden is permitted to build fishing conveniences on behalf of Nathaniel Terry (Devonshire) according to the Fishing Act.

114-116

[blank] Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Surrogate Commission and Instructions. Space for name and district of Surrogate left blank inside Commission. Delivered to Captain Richard Brathwaite of Liverpool within the district of Cape Ray to Cape Race on the 06th and to Jonathan Cartwright, Esq. within the district of Trinity and Conception Bays on the 16th.[see p50]

116-117

19 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Boatkeepers Jonas Seward and Edward Chany (Devon), have  started building fishing works on a vacant place known as Gallows Cove Point. They intend to extend the fishing works if they can have possession of it. They are authorized to do so according to the Fishing Act.

117

19 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Samuel Pittman (St. Maries Church in Devonshire), a Boatkeeper, has begun to build fishing works on a vacant place in Torbay, known as Andersons hole. He intends to extend the said fishing works if he has possession of it. He may do so according to the Fishing Act.

117

05 Sept 1768

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Esq., Commissary of the Vice Admiralty Court (St. Johnís)

He must comply with a previous order to recall the commission appointing Robert Carter as Deputy Commissary of the Vice Admiralty Court (Ferryland).

117-118

15 Sept 1768

Gov. Hugh Palliser (St. Johnís)

Michael Gill, Edward Langman, Jonathan Gale, Nathaniel Brooks, George Williams, and William Thomas, Esq.

Recalling the commission directed to them for the court of Oyer and Terminer for the trial of murders and other criminal offenses. Those charged with murder and other felonies may be tried in England according to the stated statute.

118

19 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Samuel Pittman (Devonshire) has produced a certificate from Governor Graves of his having been of singular service in piloting ships in 1762 (relating to the French). The certificate is renewed and he is recommended to any future governor as deserving of any favour and protection that can be regularly granted. [see p117]

118

16 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Jonathan Batten

Recalling the commission appointing him sheriff since it is deemed an unnecessary office.

118

16 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Justices of the Peace (St. Johnís)

Must discharge Jeffery Tizard from prison. He was charged with the murder of Benjamin Odle. The Grand Jury refused to find a bill against him and send him onboard the Guernsey. He shall be sent to Twillingate.

119

17 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Yeabsley discovered a wreck at the entrance of the harbour. He is authorized to save what he can of the wreck and secure the same for the benefit of the right owners.

119

20 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

There is a vacant fishing room at a place in Quidi Vidi known as Hog Island. Nicholas Gill and Jonathan Gale are permitted to build fishing conveniences there on behalf of Samuel Elliott (Devonshire) according to the Fishing Act.

119-120

19 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Robert Penny is disturbed by Joseph Knight in the possession of certain fishing works at Burnt Head in Carbonear. Penny is to appear before the court on the stated date to give proof of when and by whom they were built and and who the works were built for. Knight is also to appear to state his claim. [see p122]

120

23 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Discussing the case between Noah and William Hillman and their servants John Maghan, Edward Whyland, and James Welsh regarding a boat driving onshore. The masters prevented the boat from being surveyed to determine the damage. The actions to be taken are explained. Comparison of full wages and wages according to the order is given.

120

23 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The 5 servants are to pay the stated sums due to the damages done to Jonathan Brown and Hugh Underhill in proportion to their wages. Morris Welsh to pay the same out of their wages. The servants are Lynch, Dale, Burn, McAmalley, and Griffen.

121

26 Sept 1768

Gov. Hugh Palliser (St. Johnís)

 

Benjamin Lester was given possession of all fishing conveniences belonging to Jonathan Barrett, fully paying Barrettís debt. [see p104]

121

26 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Benjamin Lester is not to take any new fishing works which Jonathan Barrett may build. Lester is to deliver a state of his account to Barrett. [see above document and p104]

121

27 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Anthony Louis is to pay William Bartlett the stated sum. If he refuses Francis Macey is to seize fish and oil to pay the sum.

121-122

27 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Oades Bailey (Devon), a Boatkeeper, is in possession of fishing works he built on the south side of Petty Harbour. He intends to extend the works to a vacant room if he can have possession of it. It is granted according to the Fishing Act.

122

29 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan and Thomas Foot (Devon), Boatkeepers, intend to extend their fishing works on a vacant room between Chain Rock and a place called Stons Room if they can have possession of it. It is granted according to the Fishing Act. [see p271/2]

122-123

01 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Robert Penny is to continue in the possession of fishing works he has built (Burnt Head in Carbonear Harbour). [see p119]

123

30 Sept 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

William Parsons is not to be obstructed by Joseph Yeabsley or anyone else in building fishing works at Blackhead. Note that enclosures or fences to meadows or gardens are not considered fishing works.

123

01 Oct 1768

Gov. Hugh Palliser (St. Johnís)

 

William Penny is not to obstruct Joseph Knight from building fishing works at Fresh Water near Carbonear. [see p119]

123

03 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

John Bolenís servants made a voyage inferior to the other boats, but unclear whether this occurred because of neglect or bad luck. Explanation of how their wages should be paid with the example of Jonathan McCormacks.

123-124

05 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Francis Pinny (Pool in Dorset) has built fishing works at St. Maries [St Maryís] upon vacant waste ground and intends to extend them. He has been obstructed by Jonathan and Richard Rowes, so he requests possession of the fishing works and ground. It is granted according to the Fishing Act. [see p9/247]

124

05 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

Thomas Keates

Warning people not to reflect on the character of Thomas Keates, except they support a charge against him for the supposed murder of Thomas Murphy and as such proceed to bring him to trial.

124

06 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

If Jonathan Levingston or anyone else has used any ground previously enclosed by Jonathan Pool they must relinquish it, except in the matter of fishing works. Mention of gardens and potato grounds.

124

06 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Pool is forbidden to pay any debts contacted by his servant Jonathan Mayrden. He is to deduct only what is stated.

125

06 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Michael Gill, Esq. is to adjust the accounts between Morris Welsh and Felix McCarthy and is to oblige McCarthyís executors to pay the due balance.

125

08 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

John Wyat is in possession of the fishing works of the late James Wyat as his next of kin. He is liable to pay his debts. Jonathan Codner, tenant of Wyat for the fishing works, is to pay out of the rent the stated sum to Matthew Wall for due wages. [see p65]

125

08 Oct 1768

Gov. Hugh Palliser (St. Johnís)

 

Jane True and her sister Mary Tapper claim a share in a house now possessed by Richard Welsh. The petition was dismissed.

125

08 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Samuel Youlden petitioned that he is suffering because Peter Hays is not performing his part of an agreement regarding fishing works in Petty Harbour. Hays will pay Youlden the stated sum or his effects will be seized to pay the amount, after which they both are released from each other.

126

08 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

A complaint on behalf of George and John Strange against Patrick Casey, a Boatkeeper, for holding possession of fishing works belonging to them at Pooleys Room in Trepassey. He holds it under authority of a lease from Richard Welsh but this is contrary to the owners will. The actions to be taken are explained.

126

11 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Thomas Palmer, a Boatkeeper, states that Jonathan Myner, William Combes, and Stephen Neck have put their boats on a fishing room called Mattefaces Room in Petty Harbour. This obstructs him from building fishing works. The men are to take away their boats or they will be built over.

127

14 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Henry Brooks has employed Bargain, Bamaick, Connauy, Connauy, and Quine. They are answerable to the ship which brought them from Ireland, so Brooks must pay the passages or explain why he hasnít.

127

14 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Jonathan Norcott left his servant Jonathan Dinning in this country last year. Hugh Whiticomb and William Luckham are to pay for the passage to England. [Some microfilm damage.]

127

18 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Richard Weeks and Thomas Stanton violently assaulted Matthew Whealey. James Summers is to pay the stated sums out of the wages of Weeks and Stanton.

127-128

15 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

John Elles was assaulted by all the people in the hold of the Brigantine Phoenix, with Thomas Jeffery acting as ringleader. Michael Gill, Esq. is to proceed against them so that satisfaction is made to Elles.

128

19 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Michael Bryant delivered the whole produce of his voyage to Jonathan Treatt, except for the passages home and the madeira fish which was refused. Treatt must pay the wages to the servants or explain why he has not honoured the agreement. The servants were given a choice of accepting part of their payment with ďsea stockĒ.

128-129

22 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Thomas Fitzpatrick and Thomas Flemming served Jonathan Bussy of Gill Island. The produce was delivered to William Lilley of Harbour Grace who has not paid them their wages. Charles Garland, Esq., Justice of the Peace (Conception Bay) is to examine into the matter and take the appropriate actions, as explained.

129

22 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

Nicholas Welsh states that Hugh Roberts of Harbour Grace has not complied with an order from Surrogate Jonathan Cartwright, Esq. for payment of the due wages to Welsh and others for serving Pearce Costelloe of Chapels Cove. Charles Garland, Esq., Justice of the Peace (Conception Bay) is to examine into the matter and see that the order is complied with, as explained.

129

26 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

The Justices of the Peace (Ferryland) are authorized to levy a sum on the inhabitants next quarter session which will aid in apprehending the three malefactors.

129

26 Oct 1768

Gov. Hugh Palliser (St. Johnís)

Jonathan Pearce (Twillingate) and Mr. Cartwright [microfilm faded, information hard to read]

Put up the notices to acquaint the inhabitants that the money levied upon them is to be returned to Mr. Slade, Mr. Muns, and Mr. Jeremiah Coghlan when they arrive in England.

130

 

 

Jonathan Pearce (Twillingate [here spelled Toulinguet])

The proceedings against Jeffery Tizard are deferred. The sums levied upon the inhabitants are to be returned, as they are not yet needed. The money is to be returned to Mr. Slade, Mr. Muns, and Mr. Jeremiah Coghlan. List of sums provided.

130-131

24 Oct 1768

Gov. Hugh Palliser,  Jonathan Horsnaill (St. Johnís)

 

 

Jonathan Dwyer served William Gadon. He has not been paid his wages and has been left without housing or credit. Constable Richard Welsh is to apprehend Gadon and Edward Hease, his former master, who are to settle and pay Dwyer. Welsh told them to come before the Governor, which Gadon refused to do and insisted on going to prison, which was refused. Hease went before the Governor and it is ordered that Gadon is to pay the due balance to Dwyer, or Welsh will bring them before the court to explain why they havenít

131

25 Oct 1768

Gov. Hugh Palliser  (St. Johnís)

 

[See above document] Constable Richard Welsh returned to court with William Gadon and Edward Hease, who refused to comply with the order, and Jonathan Dwyer. The matter was examined into, and all of Gadonís arguments were not allowed. Gadon must pay Dwyerís passage home and his wages in bills of exchange.

132-133

24-26 Oct 1768

 

 

Multiple documents regarding paying the wages of Irishmen. Concerning Daniel Merigan, Phillip Purcell, and Richard Norris, Irishmen, who served William Keen, Esq. (St. Johnís). After their time expired, they applied to Charles Walley, Agent to Keen, for their wages, which were reused, so they requested the aid of Gov. Palliser. Gov. Palliser ordered the wages to be paid but Walley says that Keen forbid the payment of Irishmen, though others had been paid. Walley later agreed to pay them their wages. [Microfilm damage-one line hard to read]

133

29 Oct 1768

Gov. Hugh Palliser (St. Johnís)

 

Thomas Murphy (includes his mark) made oath on the Holy Evangelist that he and Patrick Carey served Morris Kellikelly. Kellikelly has refused to pay their due wages and they have been left without a house or credit. He has not complied with either order from Justice Gill or the Governor, and has shut himself in his hut and threatens to shoot anyone who attempts to arrest him. Gill is to proceed against Kellikelly after the Governorís departure.

Blank un-numbered page.

134

08 July 1769

 

 

The Commanding Officer and the other Officers belonging to the Fort and Garrison of St. Johnís are assembled. Introducing His Majestyís Commission appointing the Honorable John Byron Governor and Commander in Chief of Newfoundland and Labrador. This was read in the Fort. The oath which Governors take by Act of Parliament was administered.

134

08 July 1769

 

JPs and Principal Inhabitants of St. Johnís

John Byron is publicly sworn in before them as Governor; same process as above

135-138

13 May 1769

George III (Westminster)

 

The Governorís Commission appointing John Byron as Governor. Includes a description of his duties and authority.

139-140

02 June 1769

Gov. John Byron

 

Appointing William Cornwallis, Commander of HMS Guadalupe as Deputy or Surrogate for the West Coast of Newfoundland, from Cape Ray to Point Riche, and also at the Magdalen Islands. Instructions and authority are explained.

141

06 July 1769

Gov. John Byron (St. Johnís)

The Respective Captains and Commanders

Foreign trade is occurring by foreigners being part owners of ships employed under English names, which is also affecting the fishery. They must enquire into this practice and report the results. Take measures to prevent these occurrences such as seizing all ships and vessels without a register or a certificate.

141-142

07 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

Captain Wilkinson, Commander of HMS Niger

Discussing the Act for the Encouragement of Trade. Mentions of which commodities may be imported into the colonies or plantations and the transporting of goods. To prevent illicit trade, Captain Wilkinson is to seize all suspicious goods, ships, and vessels, and send them to St. johnís.

143

07 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

American traders continue to entice and carry numbers of handicraft men, seamen, and fishermen. To prevent this practice all masters of American ships and vessels must enter into obligations with the naval officer not to carry away any passengers without permission. Also, they must sail at the stated date.

143-144

08 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

A proclamation stating the Kingís abhorrence of treating the savages [Indians; presumably Beothuk] cruelly. The inhabitants are to treat the savages kindly and the officers and magistrates are to apprehend those who do not for trial in England for their capital crimes.

144-147

06 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Manifesto for carrying on the concurrent fishery between the English and the French [on the French Shore]. The Officers and Admirals are instructed to not allow any obstructions to the French. Provides six rules to ensure peaceful concurrent fishing. (ďconcurrentĒ is used in this document).

148-153

24 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Commission of the Peace appointing Michael Gill, Edward Langman, Charles Garland, [and Coughlan? Name inserted here though not included at bottom of page 148] Justices of the Peace in the District of St. Johnís. Duties and authority follows. Gill is appointed as Keeper of the Rolls of the Peace, as well.

154

10 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

Captain McDonald, Commanding Officer of the Fort (St. Johnís)

Order for the soldiers and all others in the Garrison not to concern themselves in the fishery, as the King has instructed.

154-155

17 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

Captain Gower, Commander of His Majestyís Ship Pearl

Order to seize ships or vessels trading or found hovering near St. Pierre & Miquelon in an effort to prevent illicit trade.

155-156

19 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Order to Lieutenant Parker regarding masters of vessels who discard their men at the end of the season without providing their passage home. These fishermen are then left destitute here. William Parker, Esq. is to enquire into the matter, and if men have been left behind then the masters are to pay their passages home out of the first caught fish. Further directions are given.

157

19 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Thomas Row (Ringmore in Devonshire) has built fishing conveniences on a vacant fishing room. He has possession of the room and may build upon it according to the Fishing Act.

158

26 July 1769

 

 

Return of Captain Griffith Williamsí Company in the first Battalion of the Royal Regiment of Artillery. List includes St. Johnís and Placentia.

158-159

[blank] July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

George Hutchings, Esq.

Sheriffís Commission which appoints George Hutchings, Esq. of St. Johnís as sheriff.

159-160

11 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

For the benefit of the fishery and trade an anchor, chain, & mooring buoy are in the harbour. They belong to the King and are free for the use of all vessels. Jonathan Severe, the Kingís pilot, is in charge of the care of the items. Each arriving vessel will pay him according to the stated rates. Anyone who takes or damages the anchor, buoys, or chains will be punished, and those with useful information will receive a fee as a reward.

160-161

21 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

Lieut. Graeme, Commander of snow Egmont

Order concerning the ship David (120 tons), now at Placentia though it is not qualified to trade in HM Plantations, due to its having ďa false registerĒ. Graeme is to head for Placentia and the different ports between there and Cape Ray, find the David, seize her, and carry to St. Johnís to be proceeded against in the Vice Admiralty Court. Then, he is to join Pearl at Burin or Little Barrisway, deliver the letter and packet to Captain Gower, and place himself under Gowerís command.

161-165

[blank] 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Surrogateís Commission. Appointing John Cartwright, Esq. as deputy or surrogate for the district of Trinity and Conception Bay. His duties and authority is explained. Surrogate Instructions follow. [pages 162 and 163 repeated]

165-166

24 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

An order given on a list of debts due to Mr. John Roberts and Company. The debtors must immediately pay their debt according to their abilities. Those who do not comply will be proceeded against as bankrupt and sent out of the country.

166

24 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

A list of fees which are allowed to be demanded by the Naval Officers for Ferryland, Bay Bulls [here Bay of Bulls], Conception Bay, and Trinity Bay. [see p. 229]

167

24 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Appointing Nicholas Gill as Naval Officer of Newfoundland for Ferryland and its appendages Bay Bulls, Conception Bay, and Trinity Bay. Duties explained.

168

25 July 1769

Gov. John Byron, Henry Stacy (St. Johnís)

 

Appointing Nicholas Gill as Notary Public for Trinity and Conception Bay, and Bay Bulls and Harbour Grace. Duties explained.

168-169

28 July 1769

Gov. John Byron, Henry Stacy (Trinity)

 

American boats are not to carry handicraft men, seamen, or fishermen from Newfoundland. Peter Curry [space left blank for another name and for their location -- unsure why], Master of the Ann and Katherine brigantine of Philadelphia, may void the obligations if he conforms to the commands mentioned.

170

29 July 1769

Gov. John Byron, Henry Stacy (Trinity)

 

Benjamin Lester states that the goods mentioned in the account were delivered to Andrew Williams. Williams is to pay his debt to Lester out of his first caught fish and oil. Williams is also indebted to the assigns of John Lemon, who is bankrupt, which must also be paid.

171-173

29 July 1769

Gov. John Byron, Henry Stacy (Trinity)

 

Richard Waterman (Trinity) was ordered to pay Benjamin Lester for damages by surrogate Jonathan Cartwright, Esq. Waterman feloniously took part of his effects which were marked to pay his debt. Waterman is out on bond and will be tried by the assigns regarding his contempt of court and his felony.

174

14 Aug 1769

Gov. John Byron, Henry Stacy (York Fort, Chateaux Bay)

 

Appointing Jeremiah Coghlan as Naval Officer in Fogo and all other ports within the district of Bonavista. Duties explained.

175

05 Sept 1769

Patrick Carroll (Henley Harbour)

Gov. John Byron

The stage Carroll occupies has been vacant since Thomas Hide (Poole) built it. Carroll has rebuilt it on behalf of the ship Leghorn (Bristol), which belongs to Perkins and Coghlan (Bristol). Carroll requests this ownership to be registered.

175

05 Sept 1769

Gov. John Byron, Henry Stacy

 

Granting the authority to use the stage to Patrick Carroll, as requested in the above document.

175-179

29 July 1769

Gov. John Byron, Henry Stacy (Trinity)

 

8 regulations for the salmon fishery. The salmon fishery occurs prominently in Fresh Water Bay, Gander Bay, Ragged Harbour, Ground Bay, Dog Creek, The Bay of Exploits, Grand Salmonier, and Little Salmonier. Mention of the Fishing Act.

179-180

03 Aug 1769

Gov. John Byron, Henry Stacy (Croque)

 

Proclamation to stop the mischief committed at Croque where the French can fish by treaties. Those who overwinter are supposed to employ themselves taking furs, killing seals, cutting wood to build & repair boats & fishing facilities; instead, they pilfer & set fires to the properties of the migratory French fishermen. Offering benefits to people for telling who their accomplices are, with the exception of the ringleaders.

181-182

n.d., 1769

Gov. John Byron

 

Proclamation for the Kingís instructions to the governor concerning ill cured fish for foreign markets in Spain, Italy and Portugal.

182-185

01 September  1769

Gov. John Byron

(Antelope, Pitts Harbour)

Lieutenant Davy

Lieutenant Davy is appointed to York Fort in Labrador and a list of his duties.

185-186

16 September 1769

Gov. John Byron

 

John Maloney

John Maloney appears to owe sums of money to two men, John and Benjamin Lowle, who are with Merchant companies in Bristol. John Maloney has refused to pay his debts, and Gov. John Byron demands that Maloney pay his debts at his peril.

186

18 September 1769

Gov. John Byron

 

Edward Samasney had been employed by Isaac and Benjamin Seuter for four summers and three winters. When Samnasneyís time was elapsed, Benjamin Seuter refused to pay, so Gov. John Byron has ordered Benjamin Seuter to pay Edward Samasney his wages.

187

18 September 1769

Gov. John Byron

 

Gov. John Byron appoints David McCulloch as Naval Officer of St. Johnís.

188

24 July 1769

Gov. John Byron

 

Summary of the regulated hours of the customs house.

190-191

31 August 1769

Gov. John Byron

Captain Gayton (Antelope)

Gov. John Byron provides an extensive list of supplies that Lieutenant Davy of Fort York requires, and Captain Gaton and his officers are to supply him with the undermentioned supplies.

191

n.d. 1769

Gov. John Byron

 

William Witton appears before Gov. John Byron to indicate that he has extended his fishing room into a space which has been vacant for fourteen years. Gov. John Byron authorizes William Wittonís expansion.

192

24 September 1769

Gov. John Byron

 

William Wane wishes to erect fishing works on the Plot Perlican between the plots of John Biffon and Mrs. Jones. Gov. John Byron authorizes his request.

193-194

21 September 1769

Gov. John Byron

 

A complicated property dispute originally owned by Johnathan Archer from Boston, was leased to Johnathan Stripling, who made improvements to the land, but the land was being occupied by someone else. Gov. John Byron rules in favor of Johnathan stripling as long as he continued to pay his rent.

195-199

n.d.

Gov. John Byron.

 

It appears to relate to a bond paid by Sir Peter Street of Trinity. The concern is focused on two ships, Molly and Dolphin Masters William Mundy and Solomon Miffling. The ships cannot leave until the bond is produced.

196-198

n.d.

Gov. John Byron

 

Ordnance of Stores.

199

8 August 1769

 

 

Return of His Majestyís Detachment of the 59th regiment, commanded by George Hubert.. It is a summary of the soldiers serving at Placentia.

200

28 September 1769

Gov. John Byron

 

Appointment of John Follet as Naval Officer of Trepassey.

201

28 September 1769

Gov. John Byron

 

A regulation trying to insist that the migratory fishing servants be returned to England one way or the other (Gov. John Byron explains the procedures to be followed_

202

30 September 1769

 

 

An attempt to stop the practice of paying servants full wages in clothing, rum, etc., and withholding half of their salary which would be credited to them at the end of the season so they will have wages to return home.

202-203

30 September

1769

Gov. John Byron

 

Mrs. Annstretch inherited land in Portugal Cove from Thomas Hibbs, and sold it to Gregory Nonnore. Gov. John Byron acknowledges this, and allows it, with the condition that the land be developed.

204

30 September 1769

Gov. John Byron

 

Hugh Roberts is commanded by Gov. John Byron to comply with Mr. Shotel in keeping the fishing conveniences in good and sufficient repair. If Mr. Roberts fails to comply, Mr. Shotel can take possession and make the necessary repairs, and charge the expenses to Mr. Roberts.

204-205

13 October 1769

Gov. John Byron

 

Gov. John Byron is addressing the issue of foreign ships illegally importing foreign good to  Newfoundland. He wants the import laws to be enforced.

205-208

16 October 1769

Gov. John Byron

(St. Johnís)

 

The act of 15 George the second, 31st, the act that Gov. John Byron referred to in the previous document to restrict trade with foreigners.

208-209

16 October

1769

Gov. John Byron

 

Mr. Samuel Jutsham has charged too much for provisions and goods delivered. He is ordered by Gov. John Byron to repay his debt to Mr. Brace. Gov. John Byron also orders to be advised should Mr. Jutsham not follow his orders, so he may implement further measures.

210

12 October 1769

Gov. John Byron

 

Mrs. Margery Clark was indebted to Richard Wills for the sum of twenty pounds sterling. She did not pay him, which, according to their agreement, authorized him to collect the rent of the tenant of her rental house, currently in possession of Mr. James Dougherty. Gov. John Byron ordered Mr. Dougherty to pay his rent to Richard Wills.

210

13 October 1769

Gov. John Byron

(St. Johnís)

Mr. John Newman

(Merchant at St. Johnís)

Martin Keef is ordered not to pay the twenty shillings for wintering in Newfoundland.

211-212

19 October

1769

Gov. John Byron

 

Michael Gill, Edward Langman, William Keen, John Gale, William Thomas, George Williams and Charles Wally are commissioned as commissioners of Oyer and Terminer.

212

18 October

1769

Gov. John Byron

 

Mr. John Gale owes Thomas English a sum of money, however Thomas English owes his servants money, so Gov. John Byron orders Mr. Gale to pay the servants of Thomas English.

213

18 October 1769

Gov. John Byron

 

Mr. John Gale is ordered to pay the servants of John King.

213-214

19 October

1769

Gov. John Byron

 

John Churchill and Bott are awarded the produce of McDonaldís ďvoyagesĒ, both Summer and Winter, but they must pay McDonalds servants and McDonalds servants must also pay McDonald what they owe him.

214-215

20 October 1769

Gov. John Byron

 

In the previous year, the agent of Peter Jolliffe and Benjamin Lester, merchants, were directed by the court to seize all the assets of John Mortimer and use the assets to pay off debts owing to several creditors. One of the creditors, John Churchill, now complains that the agent Edward Cheesman never distributed the proceeds of the confiscation. Cheesman no longer works for Jolliffe, and Jolliffeís new agent, Ambrose Henry, denies any knowledge of the debt repayment. Gov. Byron doesnít accept this, and Ambrose Henry must arrange repayment of the debt to the creditors.

216-217

20 October 1769

Gov. John Byron

 

Mr. John Gale had not paid his servants fairly, and he is ordered to do so.

217-219

 

 

 

Gale has a dispute with one of his boat masters and servants that they did not produce an equal quantity of fish as the other boats (because of ďidleness and negligenceĒ). Gov. John Byron decides Gales complaint is justified and demands a suitable compensation be made.

219-220

24 October 1769

Gov. John Byron

 

John Butler notifies Gov. John Byron that he has extended his room by extending his fishing stocks into a vacant room adjacent to his. Gov. John Byron certifies this.

220-221

24 October 1769

Gov. John Byron

 

Maurice Fitzgerald owes John McGowan a sum of money for goods delivered, which was to be paid by the fall. Maurice Fitzgerald refused to pay, so Gov. John Byron ordered that Fitzgerald must pay or McGowain can seize assets of Fitzegerald to repay the debt.

221-222

25 October 1769

Gov. John Byron

 

Thomas Thistle, a native inhabitant of Harbour Grace was building a fishing plantation in Harbour Grace. Henry Wiffin had a fishing plantation slightly Eastward of Thistleís building site, and forcefully pulled down a beam from his plantation. Gov. John Byron ruled that Thistle may peacefully build his fishing plantation there, on the condition that if it is left to decay, it may be claimed by the public.

222-223

26 October 1769

Gov. John Byron

 

Mr. Garret Quigley of Dartmouth wishes to extend his fishing works into a vacant piece of land next to his. Gov. John Byron authorizes this.

223

30 October 1769

Gov. John Byron

(St. Johns)

 

Mr. Peter Freeman has disobeyed Gov. John Byronís order to pay Mr. Andrew Fowler the principal interest and charges on a bill of exchange endorsed by him. Gov. John Byron again orders him to pay, or Mr. Andrew Fowler may seize enough of his assets to cover the debt.

224-225

n.d. 1769 [October?]

Isaac Philips

(sealed and delivered to St. Johnís)

Gov. John Byron

Bond to indemnify the comptroller for seizing the vessel Betsy and cargo (rum) belonging to Mr. Isaac Philips of Boston. This appears to be a legal resolution of a situation that arose when a customs officer seized and condemned the Betsy on 6 June 1769 in Vice Admiralty Court in St. Johnís for violation of trade laws. It seems that the seizure should not have taken place, and this document seems to be trying to provide some protection for the customs officer.

226

31 October 1769

Gov. John Byron

 

 

William Parker represents that Mr. Andrew Pinson in Conche had a boat burnt by some people belonging to Mr. Slade. There was an estimate of the damage and Mr. Slade was ordered to pay the estimate.

226-227

31 October

1769

Gov. John Byron

 

Thomas Thompson, agent to Mr. George Rider received dry, merchantable cod at two different times from Thomas Poole and Pearce Power, for which he did not pay them. Gov. John Byron orders Mr. Rider to pay, and in the case that he defaults, authorizes Thomas Poole and Pearce power to seize some of his assets as compensation.

227

25 June 1770

Gov. John Byron

 

Mr. Henry Sparkes and Company are to hire Johnathan Larty as a Blacksmith in accordance to his shipping papers, or they are to let Gov. John Byron know why they will not hire him.

227

26 June 1770

 

Gov. John Byron

 

Table of Customs House fees payable at St. Johns.

228

26 June 1770

Gov. John Byron

 

Table of fees taken by the Naval Office at St. Johnís.

228

n.d.

Gov. John Byron

 

Table of fees collected by the Custom House in 1766 and 1767.

229

 

Gov. John Byron

Mr. Dobell (Ferryland)

Zachariah Allen Master of the schooner brought William Capell, a fisherman, to work for Dobell, but Dobell wonít hire him, which means Capell canít pay the £1, 5 shillings for his passage. Dobell has to pay Zachariah Allen the passage money and stop the same out of his (Capell?) wages. His being presumably William Capell.

229-230

28 June 1770

Gov. John Byron

Nicholas Gill and his deputies.

It appears that Nicholas Gill, Navel officer of Ferryland, Bay Bulls, Conception and Trinity Bays, and his deputies, have been charging fees for their services. Gov. John Byron orders him to collect custom fees using the charts, but not to charge fees for his work.

230

14 July 1770

James Summers and William Gaden

(St. Johnís)

 

Cover letter for the documents that follow. Apparently the brigantine Peggy and Betty, Charles Saunders Master bringing salt from Tripani, Sicily to merchants of St. Johnís Robert Bulley and Patrick Fitzpatrick, has been condemned with its cargo for false papers (the papers described it as a ship, not a brigantine). They have been fined £392 based on the value of the vessel and cargo.

231

16 July 1770

Nicholas Gills (Naval Officer)

Samuel Jutsham

 

Evaluation of the brigantine Peggy and Betty and its cargo of salt (vessel = £300; 400 hogsheads of salt = £160).

232-234

n.d. 1770

Henry Stacy for the Governor

N. or W. Goodenough

 

This is a detailed explanation of the reasons why the brigantine Peggy and Betty have been seized and condemned.

235

18 February 1766

Charles Saunders

 

This is an affirmation by Saunders that the Peggy and Betty (described here as a ship) complies with the Act, 7 and 8, William III, ďfor preventing Frauds and Regulating Abuses in the Plantations Trade. (This was a false claim and was used to condemn the vessel.

235

17 July 1770

Frederick Graves and Henry Stacy for the Governor

 

ďThe above is a True Copy seen and compared by the Original RegisterĒ produced by Charles Saunders, master of the condemned brigandine.

236

17 July 1770

Gov. John Byron

 

Geo Morly represents that he is the oldest son of his late father who died without leaving a will. His younger brother James Morly took possession of all of his fatherís property without consulting his older brother, so he was ordered to pay his brother his rightful share of the property.

237-238

18 July 1770

Henry Stacy for the Governor.

 

Reverend Mr. Loughlan, minister of Harbour Grace, Musquito and Carbonear in Conception Bay, Newfoundland is not being paid by every resident that he serves. The residents are ordered to pay the minister his fair wages.

238

20 July 1770

Gov. John Byron

 

John Osborne verifies that the debts above are justly due. Those who owe are ordered to pay to the best of their abilities.

239-241

28 July 1770

Henry Stacy for the Governor.

 

Merchants and fishing ships have complained to Gov. John Byron that the fees being exacted are ďnot in consequence of any act of parliament passed in Great Britain or any Authority of GovernmentĒ. ďBut that they have been so demanded and taken from a Table or Tables of Fees, made out at the Discretion of the officers of the Customs ThemselvesĒ. Upon investigation, a Gov. John Byron agrees and implements a new chart of fees.

242-244

30 July 1770

Alex Dun (Collector)

James Hays (Controller)

Gov. John Byron

The customs officers respond to Gov. John Byronís actions of reducing their fees, saying that they felt that they were fair, and were upset about having their ďcharacters abused without an opportunity to reply or vindicate ourselves or even to know our accusersĒ. They accuse the merchants, who complained about the fees, of being ďA set of designing and self-interested people who pompously stile themselves the principle merchants and traders of St. Johnís who in fact, a very few excepted, they are only agents or clerksÖĒ

245

30 July 1770

Gov. John Byron (St. Johnís)

 

Someone has written threatening letters to Mr. Henry Radford. They have threatened to burn down his house, murder his daughter and cut his wife. Gov. John Byron offers his Majestyís gracious pardon and £20 to anyone who discovers the identity of the author of the letter.

246

31 July 1770

Gov. John Byron

 

All civil and military officers  and all other persons what so ever are not to ďdetain or molestĒ the brigantine Peggy and Betty or Charlie Saunders Master as he has given his bond to the satisfaction of Gov. John Byron.

246

1 August 1770

Gov. John Byron

 

No person may enclose or appropriate to his or her own use any Field, Meadow or Garden from the Common or Barrens without the written permission of Gov. John Byron.

247-248

8 September 1770

Gov. John Byron

 

Francis Pinney has represented to Gov. John Byron that he has built fishing conveniences on a vacant piece of land that had never been developed. Gov. john Byron authorizes this on the condition that it is not left to decay, in which case it reverts back to public land.

248-249

n.d.

Gov. John Byron

 

Gov. John Byron orders that the customs officers and naval officers are to charge the same fees that are charged in Halifax.

250

21 September 1770

Gov. John Byron

 

Francis Ferrers of Harbour Grace has drawn a Bill of Exchange for thirty pounds eight shillings two pence on Mr. Thrall of Bristol in favor of Mr. John McGowan. The bill was protested, but ordered to be paid as ďthe whole credit of the island is carried on in Bills of ExchangeĒ and ďit is necessary that credit should be supportedĒ. If payment is still refused, the Justices of Peace may seize and sell some of his assets to pay off the debt.

250-251

21 September 1770

Gov. John Byron

 

Mr. John McGowan brought out passengers Margaret Dune and her daughter, for which they were supposed to pay him £6 sterling in good bills or £8 in good large fish within ten days of their arrival. They did not pay him, so the husband of Margaret Dune was ordered to pay Mr. John McGowan

251-252

21 September 1770

Gov. John Byron

 

Alexander Dune has cleared a patch of land in the woods to make a garden. Gov. John Byron authorizes this.

252-253

n.d.

Gov. John Byron

Michael Gill

(Judge of the vice admiralty court in St. Johnís)

An attested copy of an agreement between Mr. Nicholas Darby and Lorant Beede who is a subject of France. Lorant Beede was trading and furring with the Indians, which was prohibited by law, so his oil and sealskins were confiscated. His boat was also seized, as well as the boat of one Nicholas Darby, who was trading with the French, which was also prohibited. Gov. John Byron instructs Michael Gill to take legal action against them.

253-254

25 September 1770

Gov. John Byron

 

Johnathan Murray, a boat keeper has requested leave so he may build on land that adjoins to his house, which he has cleared, for the purpose of carrying out the fishery. Gov. John Byron places restrictions on the land, such as it not being able to exceed eighty four yards square and that he cannot occupy or build on anything that was once owned by anyone else before 1685. If the buildings are left to decay or not used for fishing purposes, the land reverts back to public land.

255

18 September 1770

Gov. John Byron

Mr. Andrew Pinson

It appears that people have claimed to own land that Mr. Andrew Pearson wished to fish on during the salmon fishery. He would have been denied access to that land, so he contacted Gov. John Byron, who advises him that no one can claim private land for the salmon fishery, and says that there will be a Kingís ship and its shallop which will be directed to sail earlier in the spring and protect his majestyís subjects who are carrying out the salmon fishery.

256-257

26 September 1770

Gov. John Byron

St. Johnís

 

John and Benjamin Lowle of Bristol Merchants and Partners fitted the schooner Success, James Gill Master to travel from the port of Bristol to Waterford Ireland, then to Newfoundland. The ship was taking 80 passengers from Waterford to Newfoundland, and was also to catch fish. The schooner caught 27,500 pound of fish, which they sold in Harbour Grace, then took in oil and 70 passengers, and then returned to Bristol. There was an agent assigned to the boat, John Maloney, but he never paid them the money for the passengers or oil. He instead kept it, and secreted himself to some remote part of Ireland, and then later Newfoundland. The Lowle brothers have petitioned Gov. John Byron, and he orders Mr. Maloney to pay back the money that he owes to the Lowle brothers.

258

27 September 1770

Gov. John Byron

(St. Johnís)

 

Gov. John Byron orders that fishing boats shall not split their fish alongside the net when moored or any part of the boat because the cods heads, sounds and bones can get caught in the net, destroy them and prevent the herring from mashing. A fine of forty shillings is implemented for each offence.

258-259

n.d.

Gov. John Byron

 

It appears that Johnathon Brand has been caught splitting his fish alongside his net, and has been fined a substantial sum of money by the admiral of Renews Harbour. Gov. John Byron is pleased that he has been fined, but wishes that he had been fined more. Gov. John Byron also authorizes the Admiral to levy the damages given by the Jury on whatever effects he may have. Gov. John Byron wants to put an end to the rest of the ships that split their fish alongside their nets.

260-261

2 October 1770

Gov. John Byron

 

Mr. Lorant Bedeť, a Frenchman, had been fishing and sealing off of the coast of Labrador, which is not permitted as it is English fishing territory. His ďbateaux (boat) and all of his oils and skins being the produce of the produce of the said voyage on the 11th of August last seized by Lieutenant DavysÖĒ Bartholomew Bulger Sazar Barez and Pierre Hibert were also involved in the above mentioned fishery, and that they were to be paid their wages.

262-263

5 October 1770

Gov. John Byron

 

John Tilley notifies Gov. John Byron that he has built fishing conveniences in the vacant room which was formerly owned by one Peter Main. Gov. John Byron authorizes this with the condition that if it be left to decay, it may be claimed by the public.

263-265

n.d.

Gov. John Byron

Robert Carter

(Justice of Peace)

Dennis John, a boatkeeper, has complained that one Johnathan Badcock and his wife had stolen his room and fish. The accusation was proven to Gov. John Byron because one of Badcocks servants who had fallen ill and not followed his orders had testified to Gov. John Byron. Gov. John Byron orders Justice of Peace John Carter that if further proof arises, to send him to St. Johnís to face felony charges. He also says that Badcockís ill servant must be paid. Badcock must also compensate Dennis John to his satisfaction

265

9 October 1770

Gov. John Byron

 

John Chanter is ordered to pay Mr. Jacob Bartlett at St. Mary Church the £13 that he owes Mr. Hugh Denning.

266

9 October 1770