GN 2/1/A [Microfilm Box No. 2]

Volume 5 (1771-1774)

(This volume is arranged in two parts; first come "Orders and Proclamations" and then come "Letters".
The pagination of the "Orders and Proclamations" ends on p. 237; pagination then begins again with
p. 1 of "Letters" )
Biographical essay on Governors John Byron and Molyneux Shuldham appear in the Dictionary of Canadian Biography, Vol. IV.
Biographical profiles are also provided in the DCB of various other individuals who appear in this volume, such as Rev. James Balfour,
Rev. Laurence Coghlan, Rev. Edward Langman, Robert Pringle, Griffith Williams, Joseph Gorham, Charles Garland, Benjamin Lester,
Richard Hutchings

Orders and Proclamations

Page

Date

From whom (where)

To whom (where)

Contents or nature of the document

1-2

23 Aug. 1771

(John Williams, Secretary, for) Gov. John Byron

Gervais Grossard

Byron appoints Grossard as Naval Officer for Placentia; the same day, Byron also appoints Grossard as Justice of the Peace for Placentia.

3-4

27 Aug. 1771

Byron

 

An order to debtors of Christopher Jolliffe of Poole to pay their debts to his agent, Jonathan Braddick, as far as they are able without drawing on other Creditors, or else to be brought before him to explain themselves.

4-5

28 Aug. 1771

Byron

 

In response to a petition from the Fishing Admiral and several inhabitants of Fogo, Byron orders the deportation of a woman named Mary Bond, wife of Joseph Bnd, a byeboat man or fisherman of Fogo, back to Ireland for "sundry breaches of the Kingís Peace".

5-6

29 Aug. 1771

Byron

 

In order to discourage "great disorders .... committed at the Magdalen Islands ... by Crews of Vessels from New England and other parts of No. America," Byron orders that no one is to carry on, in any form, the "Sea Cow fishery" [i.e., walrus] there without a license from himself.

6-7

30 Aug. 1771

Byron

 

Order "for preventing servants running from their Masters" after they have been advanced pay and provisions for the winter, by which the servants defraud their employers of the provisions advanced as well as deny their employers their labour in the coming year.

7-8

14 Sept. 1771

Byron

 

Charles McCarthy, "Sole Agent" to the firm of John & David Milton swears that a number of inidivudal owe the firm over £2000; Byron orders the debtors to pay up immediately.

9

17 Sept. 1771

Byron

 

That James Daugherty and petitioner Whelan are to settle their accounts by the Arbitrators John Terry, Simon Gorman, and Mr. Justham.

9-10

17 Sept. 1771

Byron

William Keen, JP, & Fishing Admirals of Bonavista

George Rider and other principal inhabitants of the port of Bonavista have petitioned for a jail there, and raised subscriptions for such. Byron therefore orders Justice Keen and the Fishing Admirals to transmit an estimate for such an undertaking, which money is to be raised from the region.

11-17

15 Oct. 1764

Received: 28 Sept. 1771

William Sheppard

Nicholas Gill, Notary Public; Patrick Fitzpatrick

An indenture (made 15 Oct 1764) between William Shippard of Boston, Massachusetts on behalf of Ephraim Breed of Charlestown, Massachusetts (son & heir to the late Ephraim Breed), Thomas Jenner & Jonathan Miller, merchants of Charlestown, and James Russel (administrator to the estates of the late Charles Chambers & Daniel Russel of Charlestown), on the one part, and William Corkeran of Boston on the other part. Concerning a dispute over land and property in St. Johnís. Payment has been made of £45. Various witnesses.

18

24 Sept. 1771

Byron

Fishing Admirals of Fogo

Stephen Bradley, late Clerk of Messrs Perkins & Coghlan, is accused of "Infamous and Disorderly" behaviour and "the most daring and Atrocious crimes" against the said merchants. He is therefore ordered to be sent back to his native country by the earliest opportunity.

19

8 Oct. 1771

Byron

 

George Williams is granted a piece of ground, which he has cleared on the North shore of St. Johnís harbour, for use as a garden.

20-21

9 Oct. 1771

Byron

 

Richard Newman of Dartmouth, England is granted a piece of land at Cubits Cove in Conception Bay for the erection of a fishing works. Long-time residents of Port de Grave confirm that the land has not been used as a fishing room.

22

10 Oct. 1771

Byron

Stephen Dam Junior

Stephan Dam Sr. is accused of beating and kicking James Power and been denied his wages by Stephen Dam Junior; Stepphen Jr. is immediately to pay James Power the wages due him, or else present himself before Byron with an explanation.

23

14 Oct. 1771

Byron

William Keen, JP, Bonavista

An "Irish Papist, a servant, a man without Wife or Family" has put up a mark post on a fishing room, claiming it as his own. Byron orders the mark posts to be torn down, and the man warned (along with "all other Papists") not to mark out vacant fishing rooms again, at his peril.

24

17 Oct. 1771

Byron

George Hutchings, Sheriff of Nfld

Orders him to keep the prisoner John Quinton in close confinement, having been sentenced to death at a Court of Oyer and Terminer held on 3 Oct. for throwing "his master John Bugden" from a vessel overboard, causing his drowning, until the Royal Pleasure regarding his case might be known.

25-26

18 Oct. 1771

Byron

 

Legitimizing the grant James OíNeal, boat keeper of Bell Island in Conception Bay, has made to James Gill of certain boats & fishing premises.

26-27

Oct. 1771

Byron

 

A number of anti-Catholic measures are ordered by Byron "For the better preserving the Peace, preventing Robberies, Tumultuous Assemblies & other disorders of Wicked & Idle People remaining in the Country during the Winter"

27

22 Oct. 1771

Byron

James Summer, merchant, St. John's

Summers is ordered to appear personally before Byron in HMS Panther to answer complaints made by several of Summers' servants.

28 22 Oct 1771 Byron, HMS Panther, St. John's James Summers Orders Summers to pay the balance owed to John Murphy, according to his shipping paper.

28-29

22 Oct. 1771

Byron

 

("See p. 141") Ratifying a grant of 200 acres originally made by Gov., Richard Edwards on 14 Oct 1757 to Griffith Williams

29-31

22 Oct. 1771

Byron

 

Granting land and permitting building upon for purposes of fishing, to Mrs. Ann Williams. [an annotation notes that "In the Year 1775 Governor Byron found to have been grossly imposed on by Mrs. Anne Williams. See Vol. 6 Record Side Page 89 and Letter Side Page 39"]

31-33

22 Oct. 1771

Byron

 

Grants Nathaniel Brooks of Bay Bulls a piece of land on Fox Island for use as a fishing premise, being assured that it has not -reviously been used as such.

33-34

23 Oct. 1771

Byron

 

Grants Thomas Wakeham of St. John's land that he has developed in Cuckolds Cove for the fishery.

35-38

23 Oct. 1771

Byron

 

A notice, regarding a buoy, anchor, and chain put into the harbour "abreast of the South Battery" for boats to use should the surf be too high to land. Byron also defines the duties to be paid according to the size of the vessel in support of this service. He notes that an anchor installed for this purpose in 1765 had been stolen, and he now warns against any molestation of the buoy. [p. 37 smudged and barely legible; a large list of signatures appears on the second half of this near-illegible page]

38-40

 

Robert Bulley, George Williams, George Hutchings

Byron

A petition regarding their plan and hope to build improved structures for fishing on a piece of unoccupied land in St. John's Harbour and on the river at the head of the harbour; they staked out the land last April

41-42

23 Oct. 1771

[a number of names]

Byron

Further Correspondence: A petition against the above. The land in question is used by many, and the proposed development will make the land unusuable.

43

 

Byron

 

Byron has decided against the original petition, for the reasons explained in the second petition.

44

23 Oct. 1771

Byron

 

An order against the rinding of fir trees, as several hundred thousand trees are destroyed by that custom, which is contrary to 10&11.W.3.S.12.

45-46

25 Oct. 1771

Byron

Charles Garland, Justice of the Peace for Conception Bay

On appointing a proper person to take care and charge of the new Gaol and Gaolerís house which has been built in Harbour Grace. No one can be appointed unlessd the governor sanctions the measures which have been proposed to raise sufficient funds for an annual salary. Byron approves of the levy (one shilling per fishing boat annually)

 1772

48-54

23 June 1772

   

The appointment of a new Governor, Molineux Shuldham.

55

23 June 1772

Shuldham

George Hutchings, Sheriff of Nfld.

Transmitting the command from the King that John Quinton, convicted at a trial of Oyer and Terminer for the murder of John Bugden and sentenced to death, shall be given a free pardon, for which this shall be the warrant.

56

24 June 1772

Shuldham

 

Transmitting His Majestyís Royal Will and Pleasure that his subjects should stop killing the savages of Nfld "without the least provocation or remorse", and turn from "such inhuman barbarity" to instead "live in Amity and Brotherly kindness", that anyone who kills the Native Indians of Nfld shall be tried for a capital crime, as per the Statute of the 10th and 11th of William the third for encouraging the trade to Nfld.

57

24 June 1772

Shuldham

 

Regarding a complaint that the Americans "continue to entice and carry thither" the skilled labour force of Nfld. Ordering that American ships must receive written permission from the Governor before leaving the island with male passengers.

58

6 May 1772

Hillsborough

James Eyre, Recorder of the City of London; the sheriffs of London; to whom it may concern.

The Royal free pardon of John Quinton.

58

     

A short list of Custom House fees and payments.

59

24 June 1772

Shuldham

 

A declaration reiterating that all ships must pay the fees, despite complaints and some refusals to do so, to the Custom House.

59

24 June 1772

Shuldham

Captain McDonald, Commanding officer of the Fort at St. Johnís.

Commanding that soldiers are not to engage in or interfere with the fishery in the least way.

60

24 June 1772

Shuldham

To the respective captains and commanders etc

Commanding an enquiry to be made into foreigners being part owners of ships there under English names, and supplying them thereby; an illicit activity.

60-61

24 June 1772

Shuldham

"the masters of all British ships and vessels resorting to Newfoundland"

Commanding that ships shall carry home the number of men that they carried to work at Newfoundland (except in case of death) or else be prosecuted on their return.

61-63

24 June 1772

Shuldham

 

A manifesto published for the northward parts to carry on the concurrent fishery between the English and the French.

64-65

24 June 1772

Shuldham

 

More on the above.

65-68

24 June 1772

Shuldham

 

Regulations for the Salmon Fishery.

68-69

29 April 1772

Shuldham

 

The appointment of James Hawker to be his Deputy or Surrogate.

69-70

29 April 1772

Shuldham

Captain Hawker, HMS Alborough

Further Correspondence: Instructions accompanying the above commission.

70-71

24 June 1772

Shuldham

Captain Hawker, and the respective captains and commanders etc

In obedience to laws on imports from abroad, an order against illicit trade, that black market goods and vessels be seized and sent to St. Johnís to be proceeded against.

71-72

24 June 1772

Shuldham

to the respective captains and commanders etc

Directing the Enforcement of the Navigation Acts.

72-73

24 June 1772

Shuldham

Hawker, and Captain Morris of the Otter

Forbidding claims of private property to be held of any lands between Cape Bonavista and Point Riche.

73-74

24 June 1772

Shuldham

Hawker , and Morris

Ordering, against the mischief done in the Northern parts, especially against the French stages and flakes etc there, that any accomplices shall be given a free pardon if they turn in those committing the crimes, excepting those committing the particular crimes of arson, and of the ringleaders involved.

74-75

1 May 1772

Shuldham

Captain Wallace, commander HMS Rose

Order to seize ships trading or found hovering near St. Pierre & Miquelon.

75

22 June 1772

Alex MacDonald, Captain in the 59th Reg.

 

A return of the detachment of HMís 59th Regiment, Major General Owens, in Garrison at St. Johnís.

75

23 June 1772

G. Williams, Captain of Artillery

 

Return of Captain Griffith Williamsís Company in the first Battalion of the Royal Regiment of Artillery St. Johnís.

76

June 1772

Joseph Gorham, Lieut. Gov. of the Town and Garrison of Placentia

 

A General Return of the Garrison of Placentia.

77

4 May 1772

Shuldham

 

A Proclamation regarding the Unitas Fratrum and their society for the furtherance of the Gospel among the Heathens, granting a parcel of land on which to establish a mission in Labrador. Ordering all subjects to act agreeably and with brotherly love, towards the natives and "Esquimaux Indians".

77-78

4 May 1772

Shuldham

 

Instructing the Unitas Fratrum "to use every fair and gentle means in their power to prevent the said Esquimaux savages from going to the southward" where they have lately been going to trade with the shipping there, as "many Barbarous Murthers have been committed on both sides . . . occasioned disputes and misunderstandings in bartering".

78

24 June 1772

Shuldham

Hawker

As the French have been leaving on the Northward parts "Vessels, salt, and other effects after the fishing season is over, also winter crews" for repairing and building their fishing craft, which is contrary to the Treaties "and an Encroachment on His Majestyís Territories", to seize any of the aforementioned after the season is over and their ships returned home, and send them to St. Johnís to be proceeded against according to law.

79-84

26 June 1772

Shuldham

 

A Commission of the Peace, including a list of those appointed, and to where.

85-91

26 June 1772

Shuldham

 

Appointing a Mr. Edward White Commissary of the Vice Court of Admiralty at St. Johnís, in the room of the late Michael Gill (deceased). With a description of his office, its responsibilities, powers, authorities, fees, etc.

92

26 June 1772

Shuldham

 

Appointing Nicholas Gill Naval Officer of Nfld.

93

26 June 1772

Shuldham

Nicholas Gill

Appointing him notary public.

94

26 June 1772

Shuldham

 

Appointing Nicholas Gill "Vendue Master of the Port of Saint Johnís".

95

29 June 1772

Shuldham

 

Against foreign interference in trade through part-owning and supporting English ships from abroad.

96-98

     

Further Correspondence: Anno 15th Geo 2 Cap 31; regulating trade. The act concerned with the above.

99

29 June 1772

Shuldham

 

An order against desertions from employments on the island, commanding Captainís of ships not to keep on board any man that is "under articles to serve any inhabitant, merchant, or boatkeeper of the country." Also, none of the aforementioned may entertain service from a deserter from the Kingís Service, lest an equal number of the best men in their service will be taken from them.

100

4 July 1772

Shuldham

 

An order against the selling of alcoholic liquors and spirits without a license.

100-101

9 July 1772

Shuldham

John Phillips

Appointing him High Sheriff of Nfld.

102

13 July 1772

Shuldham

 

Order for preventing irregularities by those who remain in the country during the winter.

103-104

13 July 1772

Shuldham

 

Order forbidding servants from defrauding their masters by deserting aboard ships to distant harbours.

104-105

16 July 1772

Shuldham

 

Appointing Christopher Mason Surrogate.

105-108

 

Shuldham

Lt. Christopher Mason, Commander of the Kingís Schooner Panther

Further Correspondence: Instructions accompanying the above commission.

108

     

A short list of Surrogates Commissions granted, to whom, when, and for where.

109-110

16 July 1772

Shuldham

Mason

An order relating to a supposed murder committed on the body of Maurice Poore.

110-111

15 July 1772

Shuldham

Mr. D. Turner (Placentia)

Ordering him to settle with a Mr. Barnaby Mooney, and "to make him all reasonable & just satisfaction for the great loss he has sustained by your neglect in not complying with an agreement" they had made.

111

21 July 1772

Shuldham

Maurice Neal & Michael Fitzgerald

Ordering them to comply with their verbal contract with Patrick Welsh, not having paid him the £17 plus cost for his passage from Ireland for his service as a fisherman during the season.

112

21 July 1772

Shuldham

Mrs. Margery Clark

(Bay of Bulls)

Ordering this woman not to further abuse or ill treat her servant, John Greene, and to pay him the wages due him at the end of the season, which she has been threatening not to do.

112

16 July 1772

J. Gorham, Lieut. Gov. of the town and Fort of Placentia.

 

A Return of the Strength of the Garrison at Placentia.

113

23 July 1772

Allan MacDonald, Captain in the 59th Regiment

 

A return of the detachment of the 59th Reg, Major General Owens, in Garrison at St. Johnís.

113-114

24 July 1772

Shuldham

Samuel Justham

Ordering him to pay his debt to Patrick Power.

114-115

27 July 1772

Shuldham

 

Ordering the tearing down of Flakes that have been built over the high road since the departure of the late Governor etc.

115-116

27 July 1772

Shuldham

 

A notice of an anchor, chain, and buoy placed in the entrance of the harbour abreast of the South Battery. A list of fees to be exacted from arriving vessels.

116-120

3 Aug. 1772

Shuldham

 

Appointing Alexander God to take command the York Fort and Garrison in Chateaux Bay, Labrador, with instructions.

120

2 Aug. 1772

Shuldham

Edward White

Ordering Justices of the Peace hold court two days in the week, on Tuesdays and Fridays.

121

3 Aug. 1772

Shuldham

 

Ordering the payment of various debts owed to Mr. Nicholas Fiott, amounting to £1844"8"6 1/2.

121

5 Aug. 1772

Shuldham

 

Ordering that Edward White, Judge of the Vice Admiralty Court, will proceed against all the persons listed on the reverse who can be found, and were concerned and assisted in the assault and cruelty committed on John Ellis Marshall .

122

6 Aug. 1772

Shuldham

 

Ordering Surrogate James Howell Jones to oblige Maurice Neal and Michael Fitzgerald to pa Patrick Walsh the wages due to him. (See page 111).

122

30 Sept. 1772

James Brooks

 

Recording that ten pounds each were drawn from Neal and Fitzgerald, a fine levied for their contempt shown to the Governorís orders. Five pounds each were remitted to them, while the remaining ten were left in his hands for some public use.

123

8 Aug. 1772

Shuldham

Lt. Parker, HM Schooner Egmont

Parker is appointed surrogate for the coast between the harbour of St. Johnís and Cape Bonavista, with instructions for such, and ordering him to go forthwith to the various ports within the said district.

124

8 Aug. 1772

Shuldham

Edward White and other Justices of the Peace at St. Johnís

Ordering permission to be given to James Sheppard to retail spiritous liquors within a limited time (until the 31 March 1773). After that, they may not allow the licenses they grant for that purpose to exceed twelve.

124-125

8 Aug. 1772

Shuldham

 

Ordering the debtors listed on the reverse to pay their debts to the widow of their late creditor Mr. James Kehoe, as far as they are able without prejudice to their other creditors.

125

14 Aug. 1772

Shuldham

 

An order preventing the vending of spiritous liquors without a license in Placentia.

126

16 Aug. 1772

Shuldham

 

Ordering commercial vessels at Placentia to present the Lieutenant Governor there with their register and cargo manifest on their arrival, that they must have a written pass in order to leave the Road or harbour, and that they must pay the usual honours to the Kingís Garrison there.

126

14 Aug. 1772

Joseph Gorham

 

A return of the strength of the garrison at Placentia.

127

25 Aug. 1772

Shuldham

 

Permitting the surgeon, Mr. Mignon, of the HMS Emperor at Greenís Pond to take on board twenty quintals of dry fish the value of which is owed to him by several English Subjects for his care of them under different disorders.

127-128

27 Aug. 1772

Shuldham

Captain McDonald, Commanding the Fort and Garrison at St. Johnís

Commanding him to receive into his custody the criminal Robert Flinn, arrested for the murder of Maurice Poore at Trinity.

128

31 Aug. 1772

James Shippard & J. Compton

Nicholas Gill

The sworn testimony of Shippard and Compton before Nicholas Gill, Justice of the Peace, on the behaviour of a Mr. James Escott.

129

1 Sept. 1772

Shuldham

 

James Escott having appeared before him, acknowledged his error, and made proper concessions, Shuldham saw fit to pardon him.

129

3 Sept. 1772

Shuldham

 

Ordering that all masterís of commercial vessels shall present themselves with their register and cargo manifest before him at their arrival at the port of St. Johnís and at their departure for any foreign port.

129-130

5 Sept. 1772

Shuldham

 

Ordering surrogate William Parker to enquire into the truth of a petition laid before him and to report his opinion thereupon and whether the stated Elizabeth Andross is in fact the nearest of Kin to the late George Alford, as alleged therein.

130 -131

7 Sept. 1772

Shuldham

 

Commissioning a court of Oyer and Terminer.

131 -132

10 Sept. 1772

Shuldham

 

Appointing J. Follett to be Naval Officer of Trepassey and St. Maryís.

132

10 Sept. 1772

Shuldham

 

Ordering surrogate William Parker to investigate the bounds of the land in dispute between Henry Webber and Thomas Thistle, and to make a determination on the case. Also ordering Thistle to produce the lease of his plantation for that purpose.

132 -133

15 Sept. 1772

Shuldham

 

Commanding that all masters of commercial vessels must present themselves to the administrative head of a place with their register and cargo manifest on entering a harbour, and before leaving the harbour or road they must first obtain a written pass, and that they shall pay the usual honour to the garrison, provided that none of the above interferes with the fishery.

133-134

12 Sept. 1772

William Bailey

John Pitts, Admiral, and Nicholas Mudge, R. Admiral.

A court enquiry held in the house of Philip Watts on the memorial of William Keen on whether his fishing room in Petty harbour has not been encroached upon . The deposition of a Mr. William Bailey, sworn before the admirals presiding over the court.

134-136

12 Sept. 1772

Maurice Kane

Pitts & Mudge

Further Correspondence: the deposition of Maurice Kane.

136

12 Sept. 1772

Pitts & Mudge

 

Further Correspondence: giving their judgement in favour of William Keenís right of possession to the said fishing room.

137

18 Sept. 1772

Shuldham

 

Further Correspondence: ratifying the above decree of the court.

138

18 Sept. 1772

Shuldham

 

Regarding William Keenís concerning James Ailwardís ceding to him certain fishing rooms (and other effects) in the Harbour of Keels in the Bay of Bonavista in payment of a debt, ordering Ailward to settle his debt with Keen.

138-139

18 Sept. 1772

Shuldham

Richard Pardy, William Wiltshire, and the rest of the constables at Bonavista

Ordering them, should a Mr. Stephen Burton fail to pay his debt of £51"9"10 in the form of merchantable fish from next years harvest, that they should seize as much of Burtonís effects as should be sufficient for the debt, while leaving sufficient to pay Burtonís servants for the present voyage.

139-140

23 Sept. 1772

Shuldham

Mr. Philip Walts, Constable of Petty Harbour

Ordering the constable to warn a Walter Squires & Co. not to any longer obstruct the servants of William Keen from taking their boats up to their stage through a narrow passage.

140

5 Oct. 1772

Shuldham

 

Confirming the order of former Governor Byron for the levying of one shilling per boat annually throughout the Conception Bay area for the support of the Gaoler there. (See p. 45)

141-142

9 Oct. 1772

Shuldham

 

Confirming a grant of land unto Griffith Williams of about 200 acres of land near St. Johnís, called "Golden Grove", and some land adjoining it. (See pages 28 & 29).

142

9 Oct. 1772

Shuldham

 

Ratifying Mrs. Ann Williams grant of land by Byron, protecting her, furthermore, from any disturbance, hindrance, or molestation in her quiet enjoyment of the said land.

143

12 Oct. 1772

Shuldham

 

Ordering that all masters must provide passage home for their servants at the end of their service. Otherwise, they shall be held jointly responsible for all robberies, damages, and disorders committed by such men who are forced "to remain in this desolate country" over the winter.

144

12 Oct. 1772

Shuldham

 

Ordering William Parker, surrogate (or in his absence, Justices Garland and Grey) to enquire into the truth behind the memorial (on the reverse) of Daugherty & Whelan vs Penny & Hawkes, and whether Daugherty & Whelan do indeed have claim to the said plantation.

144 -145

15 Oct. 1772

Shuldham

Pyke and Green, and the masters of all vessels belonging to them.

Ordering them to pay all the legal fees entitled to the Customs officers.

145-146

19 Oct. 1772

Shuldham

 

Regarding a dispute between Henry Webber and Thomas Thistle of Harbour Grace over rights to a fishing plantation, Shuldham ratifies and confirms Byronís decision that it is the sole possession of Thistle.

146-147

24 Oct. 1772

Shuldham

Edward White, Edward Langman, Nicholas Gill, JPs, and William Thomas, Charles Walloy, Robert Bulley, Samuel Webber, all of whom are commissioners of Oyer and Terminer

Ordering that Mary Power Ė convicted of and sentenced to death for murdering her husband Maurice Power, being with child and recommended as an object of mercy Ė might be delivered into the charge of the High Sheriff until His Majestyís royal pleasure towards her is known.

148-149

24 Oct. 1772

Shuldham

 

Appointing Nicholas Gill Naval Officer of Newfoundland.

149

26 Oct. 1772

Shuldham

 

Authoring Justice Garland to settle the dispute between the parties mentioned in the petition on the reverse, disregarding the decree of Samuel Jutsham.

150

27 Oct. 1772

Shuldham

Samuel Toulder

Ordering him to pay his debt to John Pitts incurred by his use of a fishing room in Petty Harbour, "which became his property by being Admiral of the said Harbour"

150-151

28 Oct. 1772

Shuldham

 

Ordering that the list on the reverse submitted to him by Justices of the Peace and the sheriff (who requested this order) of "lazy indolent people who have no visible means to support themselves" to buy themselves passage to their respective homes. If any are found after the last ship has departed for Ireland, he has authorized the justices and Sheriff to punish them to the utmost severity of the law.

151

     

Further Correspondence: an attached list of people ordered to leave Newfoundland in the fall by the first vessels, having the choice to go either to Ireland or to the continent.

151-152

28 Oct. 1772

Shuldham

Edward White, Edward Landman, Nicholas Gill, Justices of the Peace at St. Johnís

Ordering them to tear down the flakes erected over the high road, and to not allow any more such buildings to be erected over public roads again, in his absence.

152-153

3 Nov. 1772

Shuldham

Major McDonald and the commanding officer for the time being in Fort William

Ordering that no soldier may bring rum or other spiritous liquors aboard HMís ships under any pretense whatsoever.

153

 

Shuldam

McDonald

Ordering that soldiers may not be allowed on board ships without written leaves of absence; ordering that Sergeant Joseph Stephenson does not leave the garrison without leave from the Government; ordering that the wife of Sergeant Davy be sent out of the fort, and neither her nor her husband be allowed to sell any more liquor there.

154

20 March 1773

Shuldham

 

Ordering no dispute against the French claim to the concurrent fishery in Bonavista, which is to be carried on the same as in other places.

155

3 April 1773

Shuldham

 

Ordering the seal fishery at the Magdalen Islands not to be disturbed or annoyed.

155-156

23 June 1773

Shuldham

John Phillips, high sheriff

Transmitting the free pardon from the king for Mary Power, who had been convicted of murdering her husband and sentenced to death.

156-157

25 June 1773

Shuldham

John Ellis

Ordering the constable to apprehend John Picket for pursuing a salmon fishery in Ragged harbour in an illegal harbour.

157-158

25 June 1773

Shuldham

John Ellis

Ordering him to apprehend Thomas Brooking for intending to obstruct Mr. William Keen (contrary to the Governorís orders) from carrying on his sole right to the salmon fishery on Dodman Bay.

158-159

25 June 1773

Shuldham

Hugh Tucker

Ordering him to apprehend Joseph Skeffington and Moses Malone and company for illegally fishing for salmon.

159

29 June 1773

Shuldham

Captain Williams, Commanding Officer of Fort William

Ordering for certain signals to be made in case the Commanding officer of the fort should need the assistance of ships of the squadron.

160

8 July 1773

Shuldham

 

Appointing Jeremiah Coghlan the Naval Officer for Fogo etc.

161-162

29 June 1773

Edward White, Storekeeper

Office of Ordnance, St. Johnís

A return of unserviceable ordnance stores in HMís magazines at St. Johnís, to be sent to England according to General Amherstsís orders to Captain Griffith Williams of 9 April 1773.

162

3 July 1773

Shuldham

Edward White, storekeeper

Further Correspondence: Ordering him to send the items on the above list to England on the next ship.

163

22 July 1773

Shuldham (Panther, St. Johnís)

 

Regarding a petition concerning a plantation in Maggoty Bay, and a Bill of sale from the plaintiff to the defendant of the property, which refutes the priorís claim and establishes the latterís right.

163-164

27 July 1773

Shuldham

 

A proclamation attempting to prevent "many unwarrantable practices committed against the French within the Concurrent Fishery".

164

27 July 1773

Shuldham

 

A note on his having granted a request of a Mr. Williams, Mr. Gaden, and Mr. Stripling, to add the following documents to the Book of Records.

165

14 July 1773

William Gaden. John Newman, James Goss, William Newman, R. Hutchings, George Williams, Edward Langman, John Stripling.

Henry Radford

Further Correspondence: Regarding the appointment of several subscribers to several positions -- trustees, treasurer -- for the church. Also, noting the sale of a pew to Radford for £16.

165

12 July 1773

Several names

 

Further Correspondence: Subscribers to the church agree to pay for the number of pews they occupy in the church £2"2"0 "towards repairing and finishing the said church."

166

12 July 1773

A number of names

 

Further Correspondence: As the trustees decided, without consultation, to use the money to make a new wing of the church, the subscribers decided to hold new elections, to get trustees who will follow the first intention of the subscribers and not add to it.

167-168

25 Aug. 1773

Shuldham

 

Proclamation regarding the fisheries on the coast of Labrador.

168-169

26 Oct. 1771

Byron

 

A record of a grant of land to Lieutenant Robert Pringle, Sub-Engineer, ordered entered in the Records on 3 Sept. 1773 by Shuldham.

170-171

3 Sept. 1773

Shuldham

 

Further Correspondence: Confirming the above grant.

171-172

3 Sept. 1773

Shuldham

 

Appointing Nicholas Gill Naval Officer of Nfld.

172-173

3 Sept. 1773

Shuldham

 

Appointing William Spurrier Naval Officer at St. Maries, Auderin, and Burin.

173-174

23 Sept. 1773

Shuldham

 

Appointing John Follett Junior Naval Officer for Trepassey.

174-176

15 Sept. 1773

Emanuel Stow

Arthur Holdsworth

Bill of sale of a plantation, witnessed by Nicholas Gill and W. Barnes, for a sum of £401"10"0.

177-178

14 Sept. 1773

Shuldham

 

Commissioning a court of Oyer and Terminer.

178-179

17 Sept. 1773

Shuldham

 

Confirming and protecting the private rights of a Pierce Saxton of Cape "Broil" [i.e., Broyle] of a fishing room, with flakes stages etc, which he built himself on a piece of waste ground.

180-181

25 Sept. 1773

Shuldham

 

Confirming and protecting the private rights of Thomas Nash and Roger McGraugh of a fishing room, stage, flakes, etc they have built on land they have cleared, and permitting them to build further on the said vacant lot they have cleared during the winter and built upon.

181-182

30 Sept. 1773

Shuldham

 

Granting land to Mr. Alex Dun, collector of the customs at St. Johnís, amounting to 50 acres, for gardens and pasture.

182-183

30 Sept. 1773

Shuldham

 

Permitting John Batten to extend his fishing works in Maggoty Bay.

183

30 Sept. 1773

Shuldham

 

A memo that Nicholas Gill was set in charge of taking care of the Anchor & Buoy in the narrows, and to receive the customary fees for the same.

184-185

6 Oct. 1773

Shuldham

 

Permitting James Jackson to build a fishing works on a piece of land at Trepassey.

185

8 Oct. 1773

   

Recording the appointment of Edward Langman, Keeper of Rolls, Charles Garland, Robert Grey & Nicholas Gill, James Brooks and John Stirpling HMís Justices of the Peace for the district of St. Johnís.

185-186

9 Oct. 1773

Shuldham

Mr. Phillips, Sheriff.

Order to commute the death sentence passed on John Buck, Winifred Ryan, and John Sweeney for break, entry, and robbery of a storehouse owned by William Keene, choosing instead by the power vested in him to exile them for seven years.

187

11 Oct. 1773

Shuldham

 

Ordering the customary fees paid annually to the commissioners of Oyer and Terminer to be paid, as per their wishes, into the hands of Mr. Langman for the use of the Gaol.

187-188

12 Oct. 1773

Shuldham

 

Permitting John Teage Junior to build wishing works at the Bay of Bulls.

189-190

13 Oct. 1773

Shuldham

 

Confirming Thomas Williams in the ownership of a plantation founded by his late father in Bay of Bulls.

190-191

13 Oct. 1773

Shuldham

 

Confirming John Farrell on his ownership of part of a plantation he and the late Jonas Williams cleared and built together, the other half being inherited by the son, Thomas Williams.

192

13 Oct. 1773

Shuldham

 

Order respecting the intended battery to be build on the Eminence at the back of the Church in St. Johnís.

193-194

15 Oct. 1773

Shuldham

 

Permitting Robert Carter to build a stage in front of a small beach at Ferryland.

194

16 Oct. 1773

Shuldham

 

Granting "a piece of uncleansed land" to Moses Stairs at St. Johnís, for use as a Gardens and pasture.

195

19 Oct. 1773

Shuldham

 

Granting Johns Welsh and Jon Sullivan vacant spot of ground near Ferryland.

196

3 Aug. 1774

Shuldham

 

Enjoining all persons of the garrison, according to HMís instructions, not to engage in the fishery.

196-197

n.d.

Shuldham

Capt. Sinclair, CO at Fort William.

A memo saying the non-commissioned officers will require a written leave of absence to board any of the Kingís ships in the harbour.

197

3 Aug. 1774

Shuldham

Captain Sinclair

Regarding signals to be used at Fort William in cases of necessity.

198-199

17 March 1774

Shuldham

 

Proclamation respecting the settlements of the Unitas Fratrum [i.e., Moravians] in Labrador.

199-200

31 March 1774

Shuldham

 

Appointing John Slade Naval Officer for Twilingate.

200-202

3 Aug. 1774

Shuldham

Alex Ged, CO at York Fort in Chateaux Bay in Labrador.

An order to him in consequence of a Bill passed in Parliament relative to the Coast of Labrador.

202

3 Aug. 1774

Shuldham

Alex Ged

Ordering him and his garrison not to engage in the fishery in any way.

203

6 Aug. 1774

Shuldham

to the respective debtors of Mr. Pike and Mr. Green

Ordering the said debtors to pay their debts as far as they are able, or else be proceeded against as bankrupts and sent out of the country "as lazy unthriefty fishermen".

204

17 Aug. 1774

Shuldham

 

A list of William Spurrierís expenses for the prisoners at St. Mary's, for which the fishing admirals there are authorized to raise the above sum of £3"15"0.

205

16 Sept. 1761

William Brown

Charles Garland

Pronouncing that a said piece of land, formerly belonging to the late John Garland, is the rightful property of his heir Charles Garland.

206-208

26 Aug. 1774

Shuldham

 

An account of William Keenís court expenses, which the Governor orders to be paid.

208

31 Aug. 1774

Shuldham

Mr. Dewes Coke, late Justice of the Peace at Trinity

Ordering him to deliver to Benjamin Lester, deputy of the Vice Admiralty Court the records of the proceedings of the court at Trinity.

209

8 Sept. 1774

Shuldham

 

Giving notice of the holding of a court of assizes by commission of Oyer and Terminer in St. Johnís on the 3 Oct..

209-211

13 Sept. 1774

Shuldham

 

Ordering John Stripling to pay to Ann Ellis the rents of a certain plantation.

211

13 Sept. 1774

Timothy McCarthy

John Keith

A record of his agreement, before the witnesses Edward Langman, Nicholas Gill, and John Stripling, to sell to Keith a plantation for the sum of £64"9"4.

212-213

19 Sept. 1774

Shuldham

 

Permitting John Stripling to erect a Fishing Works at Maggotty cove.

213-214

26 Sept. 1774

Shuldham

 

Commissioning a court of Oyer and Terminer.

215-216

26 Sept. 1774

Shuldham

 

Permitting William Saunders to fence in and cleanse a spot of Ground at Point Vert for use as a garden and Pasture.

216

29 Sept. 1774

Shuldham

to the debtors of John and Hugh Roberts & Co.

Ordering them to pay their debts.

217

29 Sept. 1774

Shuldham

 

Confirming William Gregory of his ownership of Fishing Works at Breakers Cove near Ferryland.

218

1 Oct. 1774

Shuldham

 

Reinstating John Stripling to a piece of ground taken from him by a Captain MacDonald.

219

7 Oct. 1774

Shuldham

 

Ordering a stop to the annoyances given to John Broom, sole British fisherman at Codroy and Humber River in the Bay of islands, by masters of vessels from the Continent.

220-221

7 Oct. 1774

Shuldham

William Keen, Benjamin Lester, and other merchants and inhabitants of the district of Bonavista

Keen et al empowered to remove a nuisance ("sundry Idle and worthless Papists") complained about in that district.

221-222

7 Oct. 1774

Shuldham

 

Appointing George Rider Naval Officer for Bonavista.

222-224

13 Oct. 1770

Thomas Foot

 

Selling to Richard Hutchings, agent for Henry Sparke & Co. for £106..7..10 his plantations, fishing rooms, stages, cook rooms, dwelling houses, etc between John Footís Room and the so-called Candyís Room at the lower end of St. Johnís, along with other fishing supplies and crafts, and all his other possessions and chattels related thereto wheresoever and with whosoever they lie in Newfoundland, in the presence of G. Evans and Richard Owlline, witnesses.

224-227

15 Oct. 1773

John Foot

 

Indenturing to Henry Sparke & Co. in payment of a debt of £201"16"6 his Room, houses, edifices, buildings, flakes, wharfs, privileges, advantages etc appertaining to his holdings in the harbour of St. Johnís.

228

15 Oct. 1773

John Foot

 

ditto, saying that the condition of Sparkeís ownership of the aforementioned is conditional, and that if Foot, his heirs, executors, administrators, etc should pay the sum of £201..16..6 together with lawful interest upon it, it will void the above obligation.

229

18 Oct. 1774

Shuldham

 

Granting Thomas Pitts, Commanding officer of artillery, a piece of uncleared land to the north of the harbour of St. Johnís.

230

30 Sept. 1774

Shuldham

 

Granting George Williams a piece of previously unoccupied land he has himself cleared and built upon.

231

18 Oct. 1774

George Williams & Humphry Meardon

 

Articles of an agreement between George Williams and Humphrey Meardon regarding the land granted by Shuldham, to pay Meardon £4 per annum to aid and assist in keeping the above buildings in repair, and granting Meardon effectual ownership over half the lot during his natural lifetime, after which it shall be inherited by Williamsís son.

232

18 Oct. 1774

Shuldham

 

Granting John Levingston 8 acres of uncleared land situated on the north side of St. Johnís Harbour adjoining so-called Parsonís Marsh for use as gardens or pasture.

233

20 Oct. 1774

Shuldham

 

Granting James Brooks, justice of the peace for the Bay of Bulls a piece of land for the use of drawing his boats up on to.

234-235

20 Oct. 1774

Shuldham

 

Granting John and George Yard a piece of land in Witless bay they have cleared and built upon at their own expense.

235-236

20 Oct. 1774

Shuldham

 

Granting Henry Crockwill vacant piece of land he has built upon.

237

21 Oct. 1774

Nicholas Gill

 

Testifying on oath before Edward Langman as to a certain store owned by James Brooks, which was let out to Mr. Richard Wills.


Volume 5: 1771-1774 (Letters)

1

7 Sept. 1771

Byron

Captain McDonald

Captain Debbieg having asked for a piece of ground to lodge materials brought in a store ship, and finding that it belongs to McDonald, he asks if McDonald will permit Debbieg the use of the land for the said purpose.

2

2 Oct. 1771

Byron

Charles Garland, JP [Justice of the Peace] of Harbour Grace

Sending three orders to prevent fishing servants from deserting their masters.

2

2 Oct. 1771

Byron

William Parker, Surrogate of Harbour Grace

Enclosing two petitions received from several principal merchants and inhabitants of his region complaining about the irregular and unwarrantable proceedings of the Reverend Mr. Coughlan, HMís JP for the district. Ordering an enquiry into the matter. Also, requesting an enquiry into John Griggsís sobriety and abilities to perform the duty of School Master.

3

18 Oct. 1771

Byron

to the Principal Merchants of the Bay of Bulls

Acknowledging their petition regarding their difficulties in curing their fish with the recent excess of bad weather. Saying, further, that while he cannot direct their servants to stay in the country, as they have the guaranteed right to return to England and Ireland at the end of the month, yet if any of them wish to stay of their own accord he shall have no objection.

4

21 Oct. 1771

Byron (Panther, St. Johnís)

Mr. Lester (Trinity)

Regarding a complaint against a William Burk who allegedly attacked James and John Heppard on several occasions and threatened to kill them. Ordering an enquiry into the matter, and if it should be found to be true, that the said William Burk should be expelled from the Country on the first ship for Ireland.

5

25 Oct. 1771

Byron (Panther, St. Johnís)

Coghlan

Regarding complains made against him, speaking of "unwarrantable proceedings", to the great obstruction of the trade, he commands him on receipt of this letter to deliver up his Commission to Mr. Garland, which will be at that time made void accordingly.

5-6

25 Oct. 1771

Byron (Panther, St. Johnís)

Garland

Further Correspondence: ditto, to receive and void Coghlanís commission.

8

23 June 1772

Shuldham

Robert Pringle

Ordering, as per HMís wishes, that part of Placentiaís garrison be removed to St. Johnís, and asking how many will be needed to carry on the works at the said place.

8-9

23 June 1772

Pringle

Shuldham

Further Correspondence: replying that one company would be needed.

9

23 June 1772

[Shuldham]

Pringle

Commanding him, as per HMís wishes, to make an inspection of the fortifications at Placentia.

10

24 June 1772

Shuldham

Maj. Gorham, Lt. Gov of Placentia

Commanding one company to be removed from there to St. Johnís to carry on the works there.

10-11

24 June 1772

Shuldham

Major Gorham

Ordering an inventory and account of the state of the ordnance at the fort at Placentia to be made.

12

24 June 1772

Shuldham

Captain MacDonald

Enclosing an order for the soldiers not to engage in the fishery.

12-13

24 June 1772

Shuldham

Edward White

Ordering an inventory and account of the state of the ordnance at the fort at St. Johnís to be made.

13

25 June 1772

Shuldham

David MacCulloch, Naval Officer at St. Johnís

Signifying that the Naval Officerís Returns of the Lists of Vessels should be made punctually.

14

2 July 1772

Allan MacDonald

Shuldham

Requesting leave to go to New York before leaving for England, and to embark tomorrow as an opportunity presents itself.

15

3 July 1772

Shuldham

Captain MacDonald

As he is expecting a detachment of the 59th Regiment from Placentia, and having no other officer of his rank, he requests that he postpone leaving for Halifax for a time longer, as his presence and direction will be much wanted.

15-16

8 July 1772

Edward Langman

Shuldham

Enclosing a letter from a Mr. D. Coke, Surgeon at Trinity, in relation to a murder supposed to be committed on the body of Maurice Poore, and also a copy of the inquest, taken from several persons who suspect the wife of the act. As there are strong circumstances to give credence to suspicion of a premeditated murder, he forwards the case to Shuldhamís consideration.

16-18

8 June 1772

D. Coke

Langman

Further Correspondence: the Surgeonís appraisal of the body.

18

30 May 1772

[a number of names]

Langman

Further Correspondence: the inquest, wherein a number of the inhabitants finger the wife.

19

8 July 1772

Shuldham

William Keen

Due to the good character and propriety with which he bore his former Commission of the Peace, he sends a new Commission, along with several Orders and Proclamations to be made public and strictly enforced. Beneath is a list of the documents enclosed.

19-21

15 July 1772

Shuldham

Robert Carter, Ferryland

Sending him a Commission of the Peace together with several proclamations and orders. Beneath is a list of the documents enclosed, including an order against the "barbarous murders committed on the natives".

21-22

16 July 1772

Shuldham

D. Coke (Trinity)

Regarding the suspected murder of Mauirce Poore, he has thought it fit to transmit to him a Commission appointing him Justice of the Peace. Enclosing several orders and proclamations, which are listed beneath his postscript.

23

10 July 1772

Thomas Brady

Shuldham

Being ill, he requests six or seven months leave.

23-24

16 July 1772

J. Gorham

Shuldham

Enclosing, as ordered, the Returns of Ordnance stores etc, and a return of the present strength of his Garrison. Also, he has embarked one company to St. Johnís.

25

24 July 1772

Shuldham

Lt. Brady (Placentia)

In reply to his request for a leave of absence, he regrettably denies his request, as his Captain, Williams, objects to his leaving his duty.

25-26

24 July 1772

Shuldham

Joseph Gorham, Lt. Gov (Placentia)

Replying to the returns he sent, he says that they are not agreeable to the Kingís orders, and sends a form for the storekeepers guidance in preparing another, more suitable one.

27-28

2 Aug. 1772

[Shuldham] (Panther, St. Johnís)

Edward White, Storekeepr of HMís Ordnance, St. Johnís.

Ordering a list of ordnance to be sent to Mr. Alexander Ged, Commanding the Post on the Coast of Labrador. The list follows.

28

4 Aug. 1772

Shuldham

Captain MacDonald

Acknowledging receipt of his returns of the strength of the garrison under his command there at St. Johnís.

29-30

23 July 1772

Allan MacDonald

Shuldham

Enclosing his return of the garrison under his command at St. Johnís.

30

25 July 1772

D. Coke

Shuldham

Sending his thanks for the Commission of the Peace sent him via Lt. Mason.

31

30 July 1772

Robert Pringle

Shuldham

Availing himself of Shuldhamís offer, he asks that a petty officer and twenty men from the fleet be sent to the south side to help land materials for the intended battery.

31-32

5 Aug. 1772

Shuldham

Pringle

Further Correspondence: Complying with the above.

32

3 Aug. 1772

Edward White and Robert Bollard

Shuldham

Saying that some of the supplies to be shipped to the Commander in Labrador are not in the storehouses, and if they should buy those articles at his command, then the cost is estimated at £7 sterling.

33-34

3 Aug. 1772

Shuldham

Officers of the Board of Ordnance

Further Correspondence: responding to the above by ordering the purchase of the necessary.

34

6 Aug. 1772

Shuldham

Robert Carter (Ferryland)

Saying that while Isaac Norton, about whom Carter wrote a petition demanding payment of a debt, had cause not to fulfill the indemnification, and therefore he cannot comply with Carterís petition to him, yet he will order the admiralty court to proceed against Norton and Temple for disobedience to Carterís orders and contempt of the Marshall.

35

6 Aug. 1772

Shuldham

Charles Garland (Harbour Grace)

Replying that he cannot comply to his petition for sole rights to the cutting of the grass of the Kingís Property on a certain part of Carbonear, as that right belongs to the Commanding Officers of Artillery

35-37

8 Aug. 1772

Shuldham

Lt. Parker, Commanding HM Schooner, Egmont

Giving his condolences on the fire in the Egmontís storehouse supplies, and also speaking on goings on at Trinity, appointments of JPs, and of the arrest of the wife of Maurice Poore for his murder, and of the raising of subscriptions there for a proposed Gaol. Also, asking that he interest himself in the affair of a person complained of who is in the service of Mr. Lester at Trinity, sending a deposition thereto from William Moudell, asking that he recover, to the best of his power, the effects (or satisfaction for them) of Mr. Herbert. Followed by a postscript asking him to stop in at Port Bonavista to see an end to the dispute with the French over fishing rights there (to which they are excluded by treaty). Beneath is a list of papers enclosed.

38

14 Aug. 1772

 

Mr. Grossard (Placentia)

List of papers delivered.

38

16 Aug. 1772

Joseph Gorham (Placentia)

Shuldham

Requesting ordnance, particularly powder, of which they are in need there.

39

16 Aug. 1772

J. Gorham

Shuldham

Request permission to publish and enforce orders for Masters of ships to wait on the Lt. Gov. With their register and cargo manifest on arrival and to obtain a written pass before leaving the road, and for them to pay the usual honours to the Kingís Garrison.

40

16 Aug. 1772

Shuldham

Lt. Col. Gorham

In reply to his request for ordnance, especially for powder, he writes that he shall comply and order the storekeeper of ordnance to send him some.

41-42

16 Aug. 1772

Shuldham

Lt. Col. Gorham

Replying to [p.39], permitting him to publish and enforce the orders for Masters of ships.

42-43

25 Aug. 1772

Shulham

Board of Ordnance (St. Johnís)

Ordering them to supply Gorham according to the needs of his Garrison in Placentia, making sure that they "receive proper vouchers for the delivery thereof".

43-46

24 Aug. 1772

Allan MacDonald (Fort William)

Shuldham

Regarding the landing of a French gentlemen with six crewman in a boat at St. Johnís during the Governorís absence, and the precautionary limitations he set on their visitation. Mentioning several other instances of Frenchmen attempting to land, and often being driven off by local authorities. One particular ship attempted to land no men except its captain and mate, and apparently have letters for the Governor. Asking if he had taken the right steps, or the wrong ones, in which case he would make his immediate apologies to the Frenchmen.

46

26 Aug. 1772

Shuldham

Cpt. MacDonald

Further Correspondence: Giving his fullest support and approval for his conduct in the above.

47

26 Aug. 1772

Edward Bragge, secretary (Panther, St. Johnís)

Jackson (Trepassey)

Transmitting the Governorís request to be informed whether he does act, and by whose authority, as Justice of the Peace there. Also, that he send his commission to be either renewed or discontinued, as the Governor shall see fit.

47

26 Aug. 1772

Bragge

J. Coghlan, naval officer at Fogo

Transmitting the Governorís order for him to send his commission as naval officer to him, for either renewal or discontinuance, as he shall see fit.

48

26 Aug. 1772

Bragge

J. Follett, naval officer at Trepassey

ditto for Follett

48-49

28 Aug. 1772

Peter McKie, deputy collector, and James Hay, comptroller (Custom House)

Shuldham

Reporting that John Parr, Master of the Venus, and John Newman, the shipís ownerís son, came in to the Customís house to clear out their ship, but refused to pay the fees ordered by the Governor. Asking for the Governor to enforce his commands.

49-50

29 Aug. 1772

Shuldham

to the deputy collector and comptroller of the Customs

Further Correspondence: replying that John Newman has appeared before him, and promised to pay his dues after all.

50

27 Aug. 1772

Allan MacDonald

Shuldham

Stating that last night he receiced a letter from Secretary of State for War Lord Barrington, signifying to him his leave of absence.

51-52

29 Aug. 1772

George Williams

Shuldham

Asking for redress, as constables have entered his house and put their locks on all his doors and taken possession of it, and the JP, Rev. Edward Langman, refused to take a deputation against the Constables from him under oath, saying that they were there under the Governorís orders, which he cannot believe.

52-53

30 Aug. 1772

Shuldham

George Williams

Further Correspondence: in reply, saying that on enquiry, the constables were doing their duty, as he had been fined for a breach of the law, and therefore must pay said legal fines before he can give him any redress.

53

31 Aug. 1772

Shuldham

Capt. MacDonald

Acknowledging receipt of his notification of having received a letter from Lord Barrington.

54

5 Sept. 1772

Bragge

D. Coke (Trinity)

Deputy Collector McKie having detained the Dolphin for carrying tea on board, and its master, Soloman Miplin, having appeared before the Governor, he writes lest the said master might make improper representations to him of the Governorís will, which is that he has acted properly and should proceed as seems best to him.

55

10 Sept. 1772

Bragge

Follett, naval officer (Trepassey)

Inclosing a commission for his continuance as naval officer at Trepassey and St. Maryís, and a table of fees payable by the act of 10.g.3.c.37 which he has a right to demand.

55

10 Sept. 1772

Shuldham

Jackson (Trepassey)

Renewing him in his commission of the peace, and sending four proclamations and orders.

56

     

Further Correspondence: List of papers sent with the above.

56-57

11 Sept. 1772

Edward White, Edward Langman, Nicholas Gill

Shuldham

Stating the absolute necessity for the repair and enlargement of the Gaol there, and a new Court House also. Estimating the cost at £300.

58

16 Sept. 1772

Shuldham

to the peoples of St. Johnís

Further Correspondence: Making public the above, and the opening of a subscription for it.

59

19 Sept. 1772

Bragge

Follett

Regarding Shuldhamís desire to reward some other Gentleman with the appointment of naval officer for Trepassey and St. Maryís. Asking whether he acts, and by whose authority, as said officer. Asking that he will transmit his commission, for renewal or discontinuance, as the Governor shall see fit.

59-60

24 Sept. 1772

Robert Pringle

Shuldham

Regarding the requisite winter accommodation for the Party of the 59th Regiment encamped on the South Side, assisting in the works at St. Johnís.

60

24 Sept. 1772

Shuldham

Capt. MacDonald

Further Correspondence: ordering, as per the above, to see that they can all be accommodated at the barracks at Fort William for the winter.

61

28 Sept. 1772

Bragge

Lt. Brady, Royal Artillery, Placentia

Transmitting the Governorís permission for him to take 6 months leave of absence to recover his health.

61-62

2 Oct. 1772

A number of names

Shuldham

A petition against the complaint and proclamation for the removal of Flakes etc over the high Road, saying that the claims of endangerment and unhealthiness are unfounded, and the buildings of great utility.

63

5 Oct. 1772

Shuldham

Mr. Olive, Gadon, Elmes, Walley, etc etc

Further Correspondence: his principal concern being the good of the fishery, he complies with their request.

64

6 Oct. 1772

Shuldham

Gadon

Responding to his request for redress due to Captain Williams enclosing using a piece of meadow as his own which had been declared common by Hugh Palliser during a land claim conflict between Gadon had William Downing. Saying that Byron had granted the land to Capt Williams, and that he therefore had a right to it.

65

7 Oct. 1772

Shuldham

White, Langman, and Gill, JPs at St. Johnís

Informing them of his compliance with the petition against the complaint for the removal of the Flakes over the high road.

66-67

14 Oct. 1772

Walley, Thomas, Bulley, Webber, White, Langman, and Gill

Shuldham

The commissioners of Oyer and Terminer submit to for his consideration a report of the threatening behaviour of a Mr. Smith and the non-compliant behaviour of a Mr. Hern with regard to the proceedings of the court, sheriff, and constables.

67-68

15 Oct. 1772

Shuldham

the commissioners of Oyer and Terminer

Saying that they are to be brought to trial and penalized according to their found crimes, but saying that in doing so doing "they may be treated wit that decency and indulgence to which they are entitled as gentlemen, merchants, and British subjects".

68

15 Oct. 1772

G. Williams

Shuldham

His dog being aboard the Panther, he thought at first it was a joke, but finds that Bragge is in fact claiming that the dog is his. Asking that the Governor peruse the enclosed, and do him justice.

69

16 Oct. 1772

Shuldham

Capt. Williams

Further Correspondence: replying that Bragge is willing to swear on oath his prior right and title to the said dog, and wishes to call on him to try and convince him of the truth of his assertion.

69-70

3 November 1772

Alan McDonald (Fort William)

Shuldham

Saying that he will publish his letter in the Garrisonís Books. Saying that no soldier has ever went on board a Kingís Ship or any vessel without a written passport. Saying that the Court martial signified to Lt. Herbert will be held tomorrow.

70

3 November 1772

Shuldham

Major McDonald

Further Correspondence: replying to his former letter, approving of his not allowing soldiers on ships without passports. Correcting his belief, that the man to be sent ashore is to present corroboration, not to be a prosecutor.

71

9 November 1772

White and Bollard

Shuldham

Asking the Governor to instruct the sentinels to prevent the taking of the Pickets around Fort William and Fort George, as the earth works then fall into the ditch. They are afraid the whole may soon be gone, if not prevented.

71

9 November 1772

Shuldham

Major McDonald

Further Correspondence: complying with the above.

72

10 November 1772

Allan McDonald

Shuldham

Further Correspondence: regarding the pickets and earthworks. Saying he will put his order into the books, despite it being a repetition of repeated orders since 1765.

72-73

2 July 1773

Shuldham

Edward White, ordnance storekeeper (St. Johnís)

Ordering, as per the message transmitted by Captain Morris of HMís Sloop Otter of the needs of the Fort at Chateaux bay, as expressed by Commander Alex Ged. Underneath is the said list of ordnance requested.

73-74

3 July 1773

Shuldham

Gervais Grossard, ordnance storekeeper (Placentia)

Requesting, as per the Kingís commands, various accounts at inventories related to ordnance.

74

3 July 1773

[Shuldham], (Panther, St. Johnís)

Edward White, Judge of the vice admiralty court (St. Johnís)

Committing to his examination and decision the petition from Bridget Hent regarding "inhuman and barbarous treatement she received on board the" of Charles Durell "in the course of her passage from Waterford to Harbor Grace last Spring", which falls under his durisdiction as the acts of violence were committed on the High Seas.

75

14 July 1773

Robert Pringle

Shuldham

Asking what number of men he will be pleased to order from the Marines to come and work in the fortifications being carried on.

75

14 July 1773

Shuldham (Panther)

Pringle, chief engineer (St. Johnís)

Further Correspondence: replying that he has given orders for 25 men to go from the Panther to work in the fortifications.

76

14 July 1773

Pringle

Shuldham

Regarding the ordnance store ship arrived from England, and the 150 barrels it carries of powder for Placentia, saying that the storehouse there is not in a state of repair to be fit for receiving and preserving said powder, and that whatever is over and above the annual needs of the place should better be stored with him in St. Johnís until they have repaired it.

76-77

14 July 1773

Shuldham

Edward White, ordnance storekeeper

Further Correspondence: complying with the above.

77

11 May 1773

Dartmouth (Whitehall)

Shuldham

Regarding the Kingís desire for a battery entrenchment and Barrack to be built within the Harbour of St. Johnís, requesting that the Engineer with whom the task shall be entrusted shall mark off so much land as shall be deemed necessary for the building and defence thereof.

78-79

24 July 1773

Various names (St. Johnís)

Shuldham

Regarding plans for the raising of money for the enlargement of the Gaol and Courthouse.

80-81

29 July 1773

White, Langman, Gill

Shuldham

Further Correspondence: Shuldham having laid before them the above, they give their opinion thereupon, they say that while they agree with fining offenders, on the whole, they "look upon their scheme to be evidently calculated to insult us in the execution of the power and authority with which your excellency has been pleased to invest us". Making, also, a counterproposal to such plans.

82-85

29 July 1773

White and Ballard (Office of Ordnance)

Shuldham

Defending themselves against accusations of culpability regarding the fire that broke out, in terms of disorganization and ill-management of combustible wares, which they deny.

85-86

30 July 1773

Shuldham

to the various subscribers of the petition regarding plans for the Gaol and money raised for it

Regarding the petition, and the reply of the JPs, and that the JPs shall see to the raising of money themselves, rather than the inhabitants.

86-87

30 July 1773

Shuldham

White and other JPs

Further Correspondence: saying that he is sure the inhabitants meant no insult, as they imagine, to their powers with their petition -- such an insult he would not allow, especially against the powers of their commissions. Saying that he is glad that they concur at least with the proposition of fining Offenders.

87-88

31 July 1773

Shuldham

Capt. Pitts, of the Royal Regiment of Artillery (Fort William)

Transmitting an extract of a letter from the board of ordnance requesting the use of a loft and room at the Fort for their initially intended purpose of keeping stores of ordnance. Desiring them to comply.

88

31 July 1773

Shuldham

Officers of Ordnance

Further Correspondence: informing them of his compliance with their request via the above letter.

89

4 Aug. 1773

Shuldham

Officers of Ordnance

Further Correspondence: regarding a letter he has received from Pitts in reply to his order, he asks that a moveable partition be made in the middle of the Long Room they had been granted, one part of which is to be appropriated for the requisite disposal that Pitts made request for of spare clothing and other necessities of the detachment.

90

10 Aug. 1773

Pringle

Shuldham

Requesting that the vessel hired to carry Ordnance to Placentia, rather than return in Ballast, should bring back at cheap freight the Portland Stone that was formerly carried there, but can no longer be used there, to St. Johnís for the fortifications.

90-91

10 Aug. 1773

Shuldham

Pringle

Further Correspondence: Complying with his above request.

91

10 Aug. 1773

Shuldham

Gorham

Further Correspondence: ordering him, in compliance with the above request, to permit the captain of the vessel to load the stone.

92-93

17 Sept. 1773

Shuldham

Gorham

Saying that he has no power to grant him the extra fuel he requires or the leave of absence he requests, though he would gladly second any representation he might make on the subject to government. Also, regarding an altercation with certain officers and a letter of complaint he has received from them, he asks that if there is any truth in the letter (which he forwards) that he will stop the said practices. Also, asking that he cooperate with and recommend the proper obedience to Commissary for issuing the Provisions to the troops.

93-94

17 Sept. 1773

Shuldham

Ensign Codd (Placentia)

Further Correspondence: the aforementioned complaint, regarding Gorhamís apparent orders for a party of men to attend daily to Rown on board any ships that may arrive, under which sanction they are employed in his domestic concerns.

95

20 Sept. 1773

Shuldham

Lt. Herbert

Regarding his accounts needing to be settled, having paid large amounts out of his own pocket for the provisioning of his troops, and also complying with his request for leave to England, as soon as his troopsí present duty has been completed. However, unless he receives HMís further leave of absence, he requires that he will return to his detachment at the earliest convenience.

96

28 Sept. 1773

Langman, Gill, Walley, Buley, Thomas, Webber, Elmes

Shuldham

The commissioners of Oyer and Terminer ask how far it will possible to adjourn for a fortnight to await the summoning of a trial lawyer.

96-97

28 Sept. 1773

Shuldham

the commissioners

Further Correspondence: saying that they have it in their power to adjourn on a daily basis. Also, with the exception of the case of Bridget Kent (alias Fitzgerald), they may proceed in the trial of any other prisoners under confinement.

97-98

3 Oct. 1773

Shuldham

Grossard (Placentia)

Telling him not to resort to military enforcement except in the most dire circumstances, and as Placentia is operating normally and a Mr. Saunders is always willing cooperate, he should proceed only with the powers normally attributed to him as a civil magistrate.

98

13 Oct. 1773

Shuldham

Capt. Pitts

Requesting a return of the state and condition of all the ordnance, with their carriages, that are mounted on the several batteries in the harbour.

99-100

13 Oct. 1773

Shuldham

Pringle

Further Correspondence: informing him that in compliance with the request, he has written the above.

100

16 Oct. 1773

Bragge

Pingle

Inclosing a return of the state and condition of the ordnance and carriages mounted in the several batteries of St. Johnís harbour.

101

16 Oct. 1773

Shuldham

John Stripling, Robert Bulley, Charles Walley (St. Johnís)

Regarding the petition of John Philips relating to a dispute between him and Nicholas Gill, over which the said parties have requested that they be the referees. Ordering them to assemble, make enquiry, and settle the matter.

101-102

20 Oct. 1773

Stipling, Walley, Bulley

 

Further Correspondence: A proclamation of the arbitratorsí decision in the above case, ratified and confirmed by the Governor, a compromise being chosen between the claims of the two tenants of a landlordís land.

103

19 Oct. 1773

Pringle

Shuldham

Asking that miners, carpenters, smith and mason be allowed to attend when they are requested, so as to enable him to discharge several Country Artificers who are being kept at high wages, and who might otherwise be of great use at the works being done there.

104

20 Oct. 1773

Shuldham

Pitts

Further Correspondence: desiring him to allow the men above mentioned to be permitted employment on the current works, as per the engineerís request.

104-105

20 Oct. 1773

Shuldham

Pringle

Further Correspondence: acknowledging receipt of his letter and informing him of his compliant response.

105-106

20 Oct. 1773

Shuldham

Alexander Dun, collector (St. Johnís)

Granting him leave to go to England to state his case before the commissioners there, of not being able to collect his legitimate fees from the merchants and traders of the city at Custom House.

106

6 Aug. 1774

Shuldham

Edward White, ordnance storekeeper (St. Johnís)

Ordering him to send 20 barrels of powder on board HMís schooner the Labrador for the garrison at Placentia.

107-108

6 Aug. 1774

Shuldham

White

Ordering him to send a list of ordnance (attached to the letter) aboard HM Sloop Nautilus of Captain Parker to the fort at Chateaux Bay, as Parker has brought a report from the said fort expressing the urgent need for such.

108-109

4 Aug. 1774

Pringle (Office of Ordnance, St. Johnís)

Shuldham

Requesting 50 sailors or marines to work as labourers at the Works to bring materials to the South Head.

109

5 Aug. 1774

Shuldham

Pringle

Further Correspondence: complying with the above.

110

15 Aug. 1774

Bragge

D. Coke (Trinity)

Decommissioning him on accusations of abuse of his power and invested authority as JP.

111-112

6 Aug. 1774

Shuldham

M. Parson (Labrador)

As [his] section of the coast of Labrador has been annexed to "the province of Quebec", but the fisheries being still legislated as his durisdiction, he therefore offers whatever help he may, without prejudice to other fishers "proportionable to their Filles".

112-113

17 Sept. 1774

Noble & Pinson

[Shuldham]

Thanking him for his care of their fishery in Labrador, implying that this transfer of land (though not the fishery) to Quebec may be bad for business.

113-114

15 Sept. 1774

Alexander Ged

[Shuldham]

Apologizing for having taken part in the seal fishery, and thus incurred Shuldhamís displeasure, as he had been persuaded (falsely) that the Governor had granted him an indulgence to do so, without which he would otherwise never have considered it.

115

7 Oct. 1774

Langman, Gill, Stripling, Thomas, Bulley, Webber, Elmes

[Shuldham]

The commissioners of Oyer and Terminer inform the Governor that their assizes are complete. They say that Nicholas Shortill has been indicted of Felony, "and the bill returned Ignoramus"; they have proceeded as far as was in their power. They ask, however, that he "remove such dangerous person from this place, otherwise we presume the consequence will be fatal".

115

7 Oct. 1774

Shuldham

The Judges of Oyer and Terminer

Further Correspondence: acknowledging their letter, and promising to "take the proper measures for preventing the dangerous consequences you apprehend from him".

116-117

14 Oct. 1774

Shuldham

Thomas Street, Revd. Balfour, and other merchants and inhabitants of Trinity who signed the petition to the governor.

Saying that he cannot comply with their petition in restoring Mr. Coke to his position of JP at Trinity, because of the repeated and authenticated complaints against him for inexcusable behaviours. Saying that if any other person of irreproachable character should be recommended, he will certainly consider him. Also, approving their plan for finishing the Gaol.

117-118

15 Oct. 1774

Pringle

Shuldham

Saying that the work on the South Side will be closed that day, and that he will have no further need of the party of sailors sent him, whose good work he praises. He further states that he intends to avail himself of the permission granted him to return to England as soon as his business here is done, and hopes the Governor will have no objection to granting him this leave.

119

16 Oct. 1774

Shuldham

Pringle

Further Correspondence: replying with acquiescence to the above.

End of Volume