GN 2/1/A [Microfilm Box No. 4] Vol. 11 (1785-1789)

Page	Date	From whom (where)	To whom (where)	Contents or nature of the document
A biographical essay on Governor Mark Milbanke appears in the Dictionary of Canadian Biography, Vol. V but no biography is available in the DCB for Gov. John Elliot; biographical profiles are also provided in the DCB of various other individuals who appear in this volume, such as Charles Garland, Rev. John Clinch, Robert Newman, Andrew Pinson, Benjamin Lester, John Jones, Richard Routh, John Waldron, Aaron Graham, and Father James Louis O'Donel (or O'Donnell)
1-10	20 Oct. 1785	John Boone; Elizabeth Boone (her mark), Dartmouth, England		(Indenture) This legal document indicates that Richard Tucker died intestate, his plantation on the north side of St. John’s including dwelling houses, flakes and stages had been rented by several tenants; the property passed on to his four daughters, one of which, Elizabeth, married to John Boone is selling her share to Richard Tucker. The amount is indicated and stipulated, and the extensive terms of the sale are provided.
10-11	20 Oct. 1785	John Boone, Elizabeth Boone, Dartmouth		Above document endorsed by John Boone and wife, who receive £150 from Richard Newman; witnessed by Arthur Holdsworth and Thomas Pering.
12-15	19 Oct. 1785	John Boone, Elizabeth Boone, Dartmouth		A document outlining the terms and items of the above sale, endorsed by John Boone and his wife; witnessed by Arthur Holdsworth (Mayor) and Thomas Pering; "Entered at the request of Robert Newman & Co."
16	4 Aug 1786	Gov. John Elliot St. John’s, Nfld	Nicholas Lechmere	On 28 Oct. 1784 Gov. Campbell proclaimed that no one was to go to Funk Islands to kill birds without written permission from a magistrate. Yet people are still doing so. Elliot therefore authorizes the High Sheriff of Nfld, Nicholas Lechmere, to send the proper persons to seize all the parcels of feathers and barrels of birds.
17-18	5 Aug 1786	Gov. Elliot, St. John’s	JPs, Trinity & Harbour Grace	Elliot authorizes the JPs at Trinity and Harbour Grace to use every means necessary to find the names of those involved in destroying the birds at Funk Island for the sole purpose of taking their feathers, and report them to him. They are also authorized to seize every parcel of feathers they find.
18-19	5 Aug 1786	Gov. Elliot	John Dingle	Elliot thanks John Dingle for his letter congratulating him on his safe arrival and commencement of his government, and also orders him to ensure that if a Boatkeeper has to discharge any of his servants, the Boatkeeper must first pay 45 shillings to pay for the servant’s passage back to England or Ireland.
19-20	10 Aug 1786	Aaron Graham for Gov. Elliot		Gives notice that the general assizes for the trial of felons by Oyer and Terminer will be held at the court house in St. John’s on 25 Sept. 1786.
20-21	11 Aug 1786	Gov. Elliot	Maj. Gen. Campbell, Halifax	Elliot has learned that 3 companies of the 60th Regiment are under orders of embarkation to relieve the two companies of the 37th regiment.
21-22	12Aug 1786	Gov. Elliot	D. of Richmond, Master General of the Ordnance	Orders to receive a fresh battalion of the Royal Artillery and to relieve the current battalion arrived with the transport carrying the relieving battalion.
22	20 Aug 1786	Gov. Elliot	Lieut. Wright (Royal Artillery)	Wright is to travel to Placentia and take command of the garrison there as well as of the ordnance stores.
23	20 Aug 1786	A. Graham for Gov. Elliot	Commandant at Placentia	All military personnel in Newfoundland are instructed not to engage in the fishery directly or indirectly or to interrupt the fisherman in catching, drying, or curing their fish, or to take up any beaches, stages or boat rooms.
24	20 Aug 1786	Gov. Elliot	John Dingle	Dingle  has written Elliot to say that if the credit of a Boatkeeper becomes doubtful, the fish and oil should not be removed from the room until he is given security which is greater in value than his credit. Gov. Elliot agrees, but also maintains that the Boatkeeper should not be forced to sell to one merchant in particular unless he owes that merchant, in which case the same price is to be given as any other person.
25-29 [NB: pp. 24 & 25 are repeated]	6 Aug. 1786			Arthur French submitted a petition to Gov. Elliot, saying that George Williams has moved a stone which marks the border of their plantation. Williams responds by saying that he tried to contact French to have the land surveyed, but could never reach him, and then his servants unknowingly moved the stone when they were clearing land for him. He then offered to have the land surveyed by someone who was familiar with the premises, but French petitioned Gov. Elliot instead. Gov. Elliot ordered them to have the matter dealt with by a surrogate. Captain Gower said that in his opinion the complaint of the petitioner was well founded, but since the “injury complained of” was done by a servant of Mr. Williams without his knowledge, both parties should resolve the issue by having the boundaries marked by 4 persons well familiar with the fishery. The boundaries were set.
29	4 August 1786			The testimony of four individuals (Hugh Hamlin and William LeRowe; and shipmasters Samuel Jutsham and Andrew Barnes) who were asked by Capt. Gower, HMS Salisbury, for a survey of the disputed land.
30	10 Aug 1786	(A. Graham for) Gov. Elliot		Elliot's decision: the disputed boundary will be set in accordance with the conclusion of the four men who conducted the survey
31-32	16 August 1786	Gov. Elliot  (St. John’s)		Proclamation: The boatkeepers of Portugal Cove have complained that boatmasters from other parts of Nfld come there to split their fish and dumping fish wastes where the local boatkeepers jig for squid. This causes the squid to feed at the bottom and the squid jiggers must go elsewhere. Elliot prohibits this behavior;  anyone caught doing so will be put on trial, and if guilty, be fined or imprisoned.
32-33	20 August 1786	Gov. Elliot (St. John’s)	JPs of St John’s	Capt Pellew, HMS Winchelsea, has a number of prisoners who were caught destroying birds on Funk Island, in violation of the previous governor's proclamation. The prisoners are being brought to St. John’s where they are to face their charges. The feathers of the birds were seized.
33-35	21 August 1786	A. Graham for Gov. Elliot (St. John’s)		Michael Hennessey, a boatkeeper in St. John’s, wishes to expand onto a vacant piece of land to set up fishing conveniences. The land was evaluated by other boatkeepers and deemed suitable for fishing conveniences, so Hennessey is allowed to expand onto the land, on the condition that it is not left to decay, in which case it will revert back to public land.
35-36	20 August 1786	John Clinch (JP, Trinity)		A deposition was given to Clinch by Thomas Pope, that he and his brother John committed a robbery of their father in Dorset; John then murdered their sister Sarah who discovered the robbery and threatened to expose their role. John Pope headed to London, Thomas to Poole from where he headed for Newfoundland.
37	24 August 1786	Gov. Elliot	John Clinch	Elliot instructs Clinch to deliver Thomas Pope, along with documentation of his confession and documentation of any witnesses or anyone who knows anything about the robbery and murder, to Capt. Robert Reynolds of HM sloop Echo, in order that Pope can then be transported to England.
38	24 August 1786	Gov. Elliot	Captain Reynolds (HM Sloop Echo)	Captain Reynolds (HM Sloop Echo) is ordered by Gov. Elliot to receive Thomas Pope, keep him in confinement aboard his sloop until he sails for England where he is to deliver Pope to a magistrate for trial.
39	26 August 1786	Gov. Elliot	Customs officers, St. John’s	A Dutch Brig put into Little Placentia in distress. The customs officers are ordered to take the matter into consideration and report to Gov. Elliot as to what the law requires to be done with the said vessel and her cargo.
39-40	22 August 1786	Prince William Henry, HMS Pegasus, Placentia	Gov. Elliot	(Extract of his letter) He reports the arrival of a Dutch brig bound from St. Eustatius to Rotterdam loaded with coffee, sugar, cotton. She put into Little Placentia in distress; she was inspected by his ship's carpenter and deemed unfit to proceed on her voyage. Desires to know what to do with the brig.
40	16 Aug 1786	Johnathon Clark, William Newman, Jason Gardnur		The evaluation by three shipwrights of the Dutch brig Tonas (described) which they conclude cannot be repaired (damages described).
41-42	27 August 1786	Richard Routh, Customs Collector & Dewes Coke, Customs Comptroller (St. John's)	Gov. Elliot	They've evaluated the above report of the brig Tonas. They conclude that the damaged brig's cargo must be stored in a warehouse at the expense of the master & owner untilt hey can arrange for another ship to pick up the cargo & continue their voyage. The damaged brig is to be sold to the highest bidder.
42-44	27 August 1786	Gov. Elliot	His Royal Highness Prince William Henry	Elliot acknowledges the Prince's account of the damaged Dutch brig, and explains the steps he took with the customs officers.
44-45	1 Sept. 1786	Gov. Elliot	Robert Carter (Ferryland)	A boat purchased from John Livingston by Thomas Tobin and Patrick Lennon with sundry articles but not paid for, was stopped in Ferryland on the informatin of John Lennon. “The said Tobin and Lennon hath defrauded Mr. Livingston …” Tobin and Lennon are to be "properly served" and sent to St. John’s in the said boat, alopng with John Lennon as a witness.
45-47	1 Sept. 1786	A. Graham for Elliot		Using his legal authority, Elliot appoints Dewes Coke, Richard Routh, William Gaden, George Williams, John Livingston, John Rogers and John Lee  as commissioners of Oyer and Terminer, which allows them to determine all criminal cases except for treason.
47-48	8 Sept. 1786	Graham for Elliott		Michael Wall wishes to occupy the unoccupied part of a room, on the south side, known by the name of Cahill’s Rock. Gov. Elliot approves this, on the condition that it not be left to decay, in which case it reverts back to public land.
49	8 Sept. 1786	Gov. Elliot	Capt. Caddy, Chief Engineer	The wharf on the South Side and the bridge above Fredericks Battery leading to Amherst Tower is decayed and in need of repair. Caddy is directed to have them repaired.
49	8 Sept. 1786	Gov. Elliot	William Carter  (Ferryland)	Reply to Carter's of 25 Aug.; the French brigantine Amphitrite has wrecked on the coast of Newfoundland. The wreck was sold, and Gov. Elliot is requesting William Carter  of Ferryland, the man attending to the French crew, to send forward the balance remaining from the sale of the wreck.
50	11 Sept. 1786	Gov. Elliot	Robert Bollard  (Placentia)	Elliot acknowledges Bollard's letter of 25 Aug. about the state of fortifications and remains of ordnance and ordnance stores at Placentia.
50	11 Sept. 1786	Gov. Elliot	Alexander Willson, Placentia	Elliot acknowledges receipt of Willson's letter of 30 August with the account of the imports and exports of Great and Little Placentia.
51	31 August 1786	Gov. Elliot (St. John’s)	Maj. Gen. Campbell (Halifax)	3 companies of the 60th Regiment have arrived to relieve 2 companies of the 37th regiment doing duty in Nfld. There is no Commissary of Provisions here; the senior officer of the troops has handled that responsibility until now. He'll take charge of the provisions which came with the transport and send proper receipts to the Dep. Commissary in Halifax.
52	31 August 1786	Gov. Elliot (St. John’s)	George Brinley, Dep. Commissary (Halifax)	Elliot acknowledges has directed the senior military officer in St. John's to accept the provisions delivered in the transport ship Elizabeth for the use of the garrison; he'll send Brimley proper receipts
52-53	12 Sept. 1786	Gov. Elliot	Lord Sydney	Submits to him the deposition of Thomas Pope regarding the robbery & murder that he and his brother John committed. He explains trhe steps taken to return Pope to England in HM Sloop Echo for trial.
53-54	13 Sept. 1786	Gov. Elliot	Lord Sydney	Gov Elliot informs Sydney of the arrival of the 3 companies of the 60th Regiment for the relief of the 2 companies of the 37th Regiment.
54-55	14 Sept. 1786	Gov. Elliot	Messieurs Felix McCarthy, Giles Hosier, Joseph Priston, Stephen Sanders, John Abbott, William Brown.	Elliot informs them that James Cauldwell forged several of their signatures in making a serious accusation against Mr. Langdon, JP Bonavista of an inappropriate judicial action respecting the death of John Kitcher, supposedly at the hands of William Taylor at Bonavista. They are to swear under oath whether the signatures are theirs and whether they authorized Cauldwell to sign in their behalf. [This document was supported by two additional papers which do not appear to be present]. Did Langdon act as is claimed?
56	15 Sept. 1786	Gov. Elliot	John Dingle	Elliot has received Dingle's two letters of 14 Sept concerning the murder of Michael Redman by his master William Martin. Dingle is to bring the original depositions of Thomas Pullington, Edmond Farrell, Michael Farrell and Matthew Burne to the assizes to be held 25 Sept (Dingle provided only copies) and any evidence for or against Martin, including any evidence of his insanity.
57	26 July 1786	Gov. Elliot (St. John’s)	William Humfrey, Acting Ordnance Storekeeper (St. John’s)	He is directed to issue equipment to John Sawer Master Carpenter "for extinguishing the Fire at the South Side."
57-58	8 Sept. 1786	Capt. Erasmus Gower (Petty Harbour District)		Ruling on the case of Robert French, who has begun to build a craft house on a piece of land in Petty Harbor already claimed by Mrs. Bidgood. The craft house is clearly intended to be a dwelling. Since French already owns a craft house with vacant land adjacent better suited for a dwelling, he is ordered to take down the building that he is erecting. (Gov. Elliot endorses Gower's decree with his approval)
58-59	8 Sept. 1786	Capt. Erasmus Gower (Petty Harbour District)		Mrs. Elizabeth Watts says that she is unable to fence her property in because there are numerous "Winter roads" used by people to cut wood for the fishery and they take the fences down. Mr. Keyley took advantage of her open property, cutting down and removing some of her hay. Mrs Watts supports her case with a certificate issued by a surrogate last year when dealing with the same situation. Keyley is ordered to return the hay, and Mrs. Watts is ordered to build a fence, leaving spaces for the paths to the woods, otherwise anyone may cut down and remove her hay. (Endorsed & approved by Gov. Elliot)
60	21 Sept. 1786	Gov. Elliot	Lieut Bruere (60th Regiment)	Gov. Elliot informs Bruere that it is not in his power to grant him leave to return to England, as he  requested, to attend to his private affairs.
60	22 Sept. 1786	Gov. Elliot	Nicholas Gill , Judge, Vice-Admy Court	Reply to Gill's letter of 21 Sept, reporting false assertions & improper expressions towards the governor by Andrew Thomson. Elliot says that, as the matter was decided in Gill's court, Elliot is confident that Gill will take the proper stops to enforce his decree.
61-62	24 Sept. 1786	Aaron Graham for Gov. Elliot	Nicholas Lechmere (High Sheriff of Newfoundland)	After the departure last year of Gov. Campbell and before the arrival of Gov. Elliot, several dwelling houses were built in violation of a proclamation by Gov. Campbell. Two in particular were built by Nathanial Parker and William Wood. The houses are ordered to be taken down by the second day of the next month. If they refuse, the High Sheriff is authorized to take them down and sell whatever material necessary to pay for the work.
62-65	25 Sept. 1786	A. Graham for Gov. Elliot	JPs, St. John’s.	New regulations have been put in place to reduce the number of public houses throughout the island (e.g., target in SJ is reduction to 24, and then to 12), and to promote the fishery, such as not being able to own a dwelling house unless you participate in the fishery, or not being able to own and run a shop unless you have at least one shallop employed in the fishery.
65-67	25 Sept. 1786	Graham for Elliot		Proclamation: against building dwelling houses or creating gardens below what is called the upper street without the governor's written consent. Several dwelling houses were built after the governor’s departure without his consent. Elliot gives notice that dwellings built without consent will be taken down. No buildings are allowed except those necessary for the fishery. Violators will be prosecuted and punished.
68-72	2 Oct. 1786	Graham for Gov. Elliot		Messieurs Kingston and Whiteway of Devon and Messieurs Dixon Williams and Dixon of Exeter, Merchants, Traders and Boatkeepers wish to extend business in the fishery to land which was formerly used by the Crown for the Navy. This land was divided between the two on 2 conditions: 1) If one abandons their half or leaves it to decay, the other may claim it; 2in the event of a war and the Crown needs the land back, it may be reclaiomed from them without compensation.
72-73	1 Oct. 1786	Richard Hutchings (Bay Bulls)	Gov. Elliot (St. John’s)	Due to the persecution of Henry Brooks deputy judge of the Vice Admiralty and the ensuing confusion, Hutchings cannot provide James Ryan's servants with additional supplies unless Elliot allows him to take every effect of James Ryan in order to close the voyage. Hutchings agrees to be answerable for the proceeds and apply them toward paying the servants the balance of their accounts as soon as their employer had furnished them.
73-74	3 Oct. 1786	Gov. Elliot	Richard Hutchings	Elliot has submitted Hutchings' complaint to the Vice Admiralty Judge, before whom Brooks appeared & was fined for "having injuriously, illegally and unjustly" seized & sold Ryan's effects following a complaint by Hutching against Ryan for debt. This is what threw Ryan's affairs into confusion. Elliot doesn't think it necessary for him to interfere in the above mentioned matter which court-appointed arbitrators will settle.
74-75	3 Oct. 1786	Gov. Elliot	Nicholas Gill, Judge, V-Admy Court	Elliot informs Nicholas Gill  that Hutchings has been told that it is not necessary for Elliot to interfere with the matter mentioned in the previous documents.
76-77	3 Oct. 1786	John Rogers (Umpire), James Murphy, Richard Geaves		The award made by John Rogers, James Murphy and Richard Geaves, arbitrators of the matter mentioned in the previous documents. They decided that Henry Brooks of Bay Bulls shall make good 15 shillings per barrel on 4 barrels of pork undersold at Vendue by his illegal order. All other articles sold are to be appraised by Messieurs David Hearne and Elias Coombs of Bay Bulls and the difference between the appraisement and sale to be made good unto the said Ryan by Henry Brooks. Henry Brooks is to pay the sum of £25 for the loss said Ryan has sustained in regards of his loss of his people besides their standing wages and provisions. Henry Brooks is also immediately to pay in cash the legal expenses of said Ryan. If there is any surplus in the fall after paying the servants wages, it is to go to the creditors of the said Ryan in equal parts, and Brooks is to pay all costs attending to that business.
78-79	5 Oct. 1786	Gov. Elliot	Capt Pellew, HMS Winchelsea	Elliot acknowledges Pellew’s letter describing his visit and regulation of the fisheries at Harbour Grace & Ferryland; Pellew included proceedings of the courts that he assembled. It seems that Pellew disagreed with the verdict of the jury in one instance (Leigh vs Haberlin & Forestall) though he did not reject it. Leigh has appealed the verdict. Elliot will make sure that it is considered as quickly as possible, “but as both parties must be summoned to St. John’s before a new trial can take place, it will in all probability be put off until the nearest season”.
79-87	6 Sept. 1786	Aaron Graham for Gov. Elliot		Appoints Charles Garland, Robert Gray and Robert Holden as JPs in the district of Conception Bay. This document defines their duties within what it is in their power to give judgment. At the end of the document, Elliot also appoints Charles Garland Keeper of the Rolls of the Peace in the said district.
88	8 Oct. 1786	Gov. Elliot (St. John’s)	William Dwyer (St. John’s)	Dwyer wanted to erect a dwelling house on a piece of land near the "London Tavern" but after having the land surveyed by Capt. Gower of HMS Salisbury, as well as two experienced persons engaged in the fishery, it was determined that the land was convenient for the fishery and would be “hurtful and a great obstruction to the curing of fish and upon the flakes”. Dwyer is not permitted to erect any sort of structure erection on that land unless for the purpose of curing, salting, drying or husbanding fish.
89	9 Oct. 1786	Gov. Elliot (St. John’s)	Robert Carter (Ferryland)	Carter is to submit an account of all fines & forfeitures collected within his district from 10th of Oct. 1785 to the 10th of Oct. 1786.
89-90	10 Oct. 1786	Gov. Elliot	Robert Carter (Ferryland)	Concerning the appeal by John Leigh & Company in his dispute with Forestall and Hoberlin, boatkeepers of Fermeuse. The boatkeeprs appear to have turned over property to Mr. Sweetland and Mr. Hill before they settled their accounts with Leigh and company. It went to court, the verdict went against Leigh and company and Elliot wants Carter to pursue this and find out what is going on.
90-91	10 Oct. 1786	Gov. Elliot	Henry Sweetland (Ferryland)	Henry Sweetland, a Magistrate, took payment from Forestall and Hoberlin, as well as permitting an additional favor of John Hill, without giving notice to said Leigh who in due time made application to Sweetland as a magistrate for a warrant of attachment. Gov. Elliot orders a new trial where the Jury’s verdict cannot be set aside. Henry Sweetland must also state (upon oath) the details of the transaction and any other papers which may be necessary, as the account of Captain Pellew is not enough for Gov. Elliot to judge for himself.
92-93	10 Oct. 1786	Gov. Elliot	John Leigh (Fermeuse)	Elliot tells Leigh that he is willing to grant him a new trial, but that it will be impossible to settle the matter before next summer, unless the statement from Henry Sweetland makes a trial unnecessary, as it has become dangerous to navigate the coast. He also warns that asking for another trial is serious and to consider everything thoroughly before he goes to any further expense.
93-94	10 Oct. 1786	George Williams, John Levingston, John Rogers, Dewes Coke, Richard Routh, John Lees, William Gaden	Gov. Elliot	A copy of their proceedings as the court of Oyer and Terminer on the cases of William Martin, accused of the willful murder of Michael Redman, and of John Delaney, accused of murdering his wife by beating her. In both cases, they suggest that there may be circumstances in favor of the “unhappy convicts” (Martin may have been in a "State of Lunacy"; in Delaney's case, there's uincertainty whether his unquestioned beating of his wife can positively be linked to her death a few weeks later). Whether or not they should receive any mercy on these accounts, it is not for them to say, so they leave it to Gov. Elliot to decide based on the evidence that they have provided here.
95	13 Oct. 1786	Gov. Elliot	John Lees, Barrack Master	Lees is to purchase enough coal to complete the present stock for the garrison to twelve months on same terms & manner as former Gov. Campbell directed him on 10 August 1785.
95-97	13 Oct. 1786; rec'd 14 Oct.	Aaron Graham for Gov. Elliot	Nicholas Lechmere, High Sheriff	Elliot has considered the case of John Delaney (see above) and grants him a reprieve.
97-99	13 Oct. 1786; rec'd 14 Oct.	Aaron Graham for Gov. Elliot	Nicholas Lechmere	Elliot issues orders & directions for the execution of William Martin (see above).
100	12 Oct. 1786	Capt. Robert Reynolds, HM Sloop Echo, St. John's	Gov. Elliot	Reynolds informs Elliot that Thomas Pope is in confinement aboard the Echo for suspicion of having committed robbery and assisted in murdering his sister. He will be delivered into the custody of a magistrate upon her return to Great Britain in accordance with his orders. [See above, 24 August].
100-103	13 Oct. 1786	Dewes Coke, Richard Routh, Archibald Buchanan, John Livingston	Gov. Elliot	AS JPs for district of St. John's, they request that a new courthouse be built at the expense of the public. They claim that the building currently being used as a court house is in so a ruinous and decayed state that it cannot be repaired, and is insufficient for holding and housing the accused. They provide details. They have no idea how to pay for the expense because there is no system of public funding in Nfld
103-104	14 Oct. 1786	Gov. Elliot	Capt. Caddy, Chief Engineer	Elliot asks requests Caddy to inspect the courthouse described by the JPs, and to report on its condition and whether or not a new one should be built. If a new building should be built, Gov. Elliot requests that Captain Caddy will “favor him with a plan and Estimate” "(upon the Most Æconomical principle)"
105	14 Oct. 1786	Gov. Elliot	John Dingle	A boat from Bay Bulls ran athwart the Echo sloop  and overset. Master Richard Dowsley was drowned. Andrew Smith and John Arkins, two of Dowsley's servants then applied to Gov. Elliot for payment of their wages and of Dowsley's effects. Elliot wants Dingle to arrange with the merchant who took Dowsley's voyage this season to pay the servants' wages.
106	14 Oct. 1786	William Orchard, Fishing Admiral	Gov. Elliot	Orchard submits the "determination" of the dispute between Mr. Noble and Mr. Stoks concerning the stage and fish cove; Orchard and the Rear [Fishing] Admiral arrived at this decision.
106-111	14 Oct. 1786	William Orchard, Fishing Admiral; Elias Rendell, Rear Admiral (District of St. John's)	Gov. Elliot	Messieurs Thomas and Stokes complained that John Noble's agents had encroached and built on a public ship's cove contiguous to their premises. The fishing admiral and rear admiral took accounts from various merchants, boatkeepers and other residents (these are each identified) on the matter. The boundaries of the disputed area could not be established, so it was ruled that the fishing stage should remain, and that a cove of 24 feet abroad should be left open as a public ship's cove.
111	16 Oct. 1786	Gov. Elliot	Robert Carter	John Rowland has complained that after the expiration of his service with John Sullivan, Sullivan discharged him and paid him no more than fourteen shillings. Elliot orders Carter  to look into the matter; if Rowland is telling the truth, then Carter is to make Sullivan (or the merchant who has taken his voyage) provide Rowland with a passage to England or Ireland and pay him half the amount of his wage which was said to be £10.
112-113	16 Oct. 1786	Gov. Elliot (St. John’s)	John Dingle (Bay Bulls)	Dingle had sent him several papers and petitions (David Hearn, Bryan Kennedy, James Carew and a boatmaster named Ryan, and one of his creditors named Hutchings) involving complaints that have come before him regarding master-servant relations and payments. Elliot indicates his position on these cases.
113-114	16 Oct. 1786	Graham for Gov. Elliot		Thomas Sutton of Trepassey has cleared away and built fishing conveniences on a piece of ground known as Saturday Night. He wants the governor to authorize his claim to the land and fishing conveniences; Capt Farnham, HMS Winchelsea, who was surrogate during Gov. Campbell's tenure, confirmed Sutton's account. Elliot therefore supports Sutton on condition that it is only used for fishing purposes and not left to decay.
115-116	16 Oct. 1786	Graham for Gov. Elliot		Patrick Linch and Michael Lawless, boatkeepers of Trepassey, maintain that they have, at great expense, built fishing conveniences on an unoccupied piece of land there; they want Elliot to authorize it. Elliot's surrogate in that district, Capt. Harvey of HMS Rose, verifies. Elliot therefore confirms their request provided that the property not be left to decay, in which case another can claim it.
117	16 Oct. 1786	Gov. Elliot (St. John’s)	David Hearn (Bay Bulls)	Elliot gives Hearn permission to build upon a piece of ground upon the Isle of Spear, but he may only build for the sole purpose of carrying on the fishery.
118-119	16 Oct. 1786	Graham for Gov. Elliot		Proclamation: some inhabitants of Newfoundland have been treating the Native Indians [Beothuk] with the greatest inhumanity and frequently destroy them without provocation. Elliot orders anyone caught committing such crimes to be sent to England for trial. All officers and magistrates are ordered to use utmost diligence to discover and apprehend all persons who may be guilty of such crimes.
119-120	18 Oct. 1786	Gov. Elliot	Nicholas Gill	Gill had assured Elliot that he would pay the servants of the late Philip Tobin the wages or the balances thereof decreed to them by the court of vice admiralty on 11 Nov. 1785. This has in fact not been done, because the servants are still sending him "daily Petitions". Elliot therefore sends Gill the most recent petition, received that morning, and expects Gill to take care of it, trusting that it will be the last petition he will receive upon the subject.
120-121	19 Oct. 1786	Gov. Elliot	John Dingle	Charles Taylor complains that Mr. Clap shipped and brought him from Ireland in the spring. When the schooner in which he was employed was lost, Clap discharged him. Taylor then found another master, who paid Mr. Clap £4 shipping money for Charles Taylor. Elliot says that Clap had no right to discharge Taylor until the expiration of his contractual service, or to claim money for his servant (which he was supposed to provide him with according to his shipping papers). Elliot orders Dingle  to hold an inquiry on the matter; if Taylor is telling the truth, Clap must pay the balance owing to Taylor (10 shillings 11 pence), and to repay the shipping money if he has already received it.
122-123	19 Oct. 1786	Gov. Elliot (St. John’s)	John Dingle (Bay of Bulls)	It appears that Richard English has been paid more than half of his salary in advance (in money, liquor or goods), which is against the law. Elliot orders Dingle  to enforce that law in his district. Fisherman must be paid the other half (or more than half, depending on that they are owed) in cash or goods, upon their return to the country that they belong to.
123-124	19 Oct. 1786	Gov. Elliot	Nicholas Gill	Elliot sends him a petition regarding a dispute between Murthy Gorman, a boatkeeper, and John Power, his servant. Elliot directs Gill to look into the matter and inform him about the basis for any action taken.
124-125	19 Oct. 1786	Gov. Elliot	John Dingle	Those who employ "Green Men" may advance them the sum of £5 10 shillings in accordance with a recent Act of Parliament, even if the same shall amount to more than one half of their wage, because the same act directs that a sum equal to the cost of a man’s passage home is to be paid when he arrives home. Elliot directs Dingle  to see that the act is complied with in the case of Patrick McNamara and all similar cases.
125-126	21 Oct. 1786	Gov. Elliot (St. John’s)	John Dingle (Bay Bulls)	Cahal & Company complain that James Moralty was incapable of doing his duty (after they had employed him from the beginning to the end of the fishing season). Elliot says that this plainly shows that they are trying to defraud him of part of his wages defined by the Act of Parliament of 1775 [Palliser's Act], and orders that Moralty be paid what was agreed upon according to his shipping paper.
126-127	21 Oct. 1786	Gov. Elliot	James Murphy	Elliot informs Murphy that according to the Act of Parliament of 1775 concerning the wages of fisherman, it is not in Elliot's power or Murphy's to set aside an agreement at the end of the season which was made at the start of the season. He is therefore ordered to deduct from his account of supplies the skin coat, pair of boots & the six gallons of rum charged to Nicholas Kennedy and pay him the balance of his account according to the tenor of his shipping papers and the said act of parliament.
128	20 Oct. 1786	Gov. Elliot (St. John’s)	John Clements (Harbour Grace)	Clements has complained to the governor that a Mr. Garland at Harbour Grace has set up a fishing room on what Clements says was already a fishing ships room. Elliot explains that he is cannot offer an opinion until he has heard the report of Captain Pakenham into the matter.
129-139	24 April 1783	Prerogative Court of Canterbury	Simon Richards “Entered at the request messieurs Robert Newman & co with other papers" (see also below, pp. 147-150)	[The words “continued from page 15” appears at the beginning of this document, but seems to have no connection with anything elsewhere in this volume] A series of documents, without any document which might provide a context. The documents begin with “Abstract of Mr. Richards title to plantations” at Bay Bulls 9 March 1741; supporting documents dated 1751, 1757, 1770, 1771, 1781, 1782. This appears to be a claim by a number of people on the original inheritance, including John Keats, John Richards, George Dawson, Simon Richards, and others.
140-142	25 Oct. 1786	Gov. Elliot	Count de Barbaran [or Barbazan?]	In August (Elliot has only now received the letter) de Barbaran complained about damage done to French property during the winter, in which the accused were not prosecuted; De Barbaran feels that the matter was handled with indifference by Gov. Campbell. Elliot agrees that such matters must be pursued vigorously, and that "an indifference on the part of the Magistrates to punish, might be construed, by the Offenders, into approval of their Conduct." [Mention of French vessels L'Active and L'Espiegle may be a reference to the incident in 1784 involving the Actiffe, and the theft of French property by a resident of Greenspond; he was tried, sentenced to death, then pardoned. See GN2-1-A-10, p. 113]. Elliot insists that his predecessor would not treat such matters indifferently. Moreover, when an officer was sent to bring the accused and any witnesses to St. Johns, the complainants would not agree to go to St. John's  or even identify the people they previously had accused. This made it impossible for the governor to proceed any further in the business. Elliot does assure the Count de Barbaran that future cases will be handled precisely and any punishment will be as exemplary as the laws permit. Elliot also emphasizes that in the area where incidents happen, not all British residents  are necessarily guilty and should not be expected to pay damages.
143	1 April 1787	Graham for Gov. Elliot	Archibald Buchanan , Naval Officer of Nfld	There may be doubt whether Archibald Buchanan's warrant as Naval Officer applies only to the port of St. John's or to all of Nfld. Elliot therefore authorizes him to act as if he were appointed to the whole island, and is supposed to reside and hold office in St. John’s as it is the principal port of Newfoundland. He may appoint deputies to carry out his functions in the outports.
144-145	22 May 1787	Evan Nepean, Whitehall	Gov. Elliot	Parliament has approved funds for the support of the Civil Establishment of Newfoundland (£1182..10). An estimate of the salaries of the governor and civil officers is appended.
145-146	16 July 1787	Gov. Elliot	Officers of HM Customs in Nfld	Board of Trade is concerned about the number of distilleries that may have been set up in Newfoundland to distill foreign molasses into rum, and the quantity of rum imported from the United States. They are therefore to report on the number of distilleries that exist, the quantity of spirits they produce, the quantity of spirits imported, whether foreign spirits sell cheaper than British West India rum, as well as whether inhabitants and Indians prefer rum distilled locally or in His Majesty’s West India Islands, where the molasses is coming from and how it is entering the island and so on. This is to develop regulations to assure that rum produced in the West India Islands may be afforded and consumed in Newfoundland.
147-150	9 Feb. 1786	Prerogative Court of Canterbury	Simon Richards, Eliza Richards, John Bayly	A continuation of the document found on pages 129-139.
151-171	10 Feb. 1786	(On page 173 it is stated “entered with other papers…at the request of messrs Robert Newman & Co and by order of the Governor, signed A. Graham)		This is another indenture regarding property and the complicated legalities associated with the property originally owned by John Richards and his wife Sarah Richards. The document refers to many children and spouses of children and it appears to be additional claims on the property in Newfoundland. Simon Richards (a son) appears to be challenging a claim by John Barn Staple and Stephen Love who Acquired the land after Sarah Richards died. Presumably the property in question is the same from page 139.
172	n.d.	Simon Richards (Witnesses: Steven Totton and Ebenezer In Syddall		[Related to the preceding document] A document stating that John Seage owes the sum of £74.13.4. being in full consideration money within mentioned to be by him paid to Simon Richards . [It says that this document was entered with other papers at the request of Stephen Robert Newman and company, and by order of the Governor, and to see page 1 and 129]
172	n.d.	Eliza Richards (Witnesses: Steven Totton and Ebenezer In		[Related on A document stating that John Seage owes the sum of £37.6.8 being in full consideration money within mentioned to be by him paid to Eliza Richards.
173	6 Feb. 1787	Lord Sydney	The Governor of Newfoundland	The King has granted a free pardon to John Delaney who was convicted of Murder at St. John’s. The governor is ordered to take the proper steps for the discharge of the said John Delaney.
174-175	6 Feb. 1787	Gov. Elliot		Elliot certifies that the copy of the Pardon issued by the king and sent to him is a true copy, and that John Delaney to be released. [pp. 174-175 are repeated on the microfilm].
176	16 July 1787	A. Graham for Gov. Elliot	Nicholas Lechmere , High Sheriff, Nfld.	Elliot informs Lechmere that John Delaney has been pardoned, and he is to discharge him.
177	18 July 1787	Gov. Elliot (St. John’s)	John Dingle (Bay Bulls)	Elliot acknowledges receipt of Dingle's letter concerning the dispute between Mr. Richard Hutchings and Nicholas Coady of Bay Bulls, which he shall refer to the decision of a Surrogates Court. He also thanks Dingle  for congratulating him upon his return to his government.
177	30 June 1786	Sydney	Gov. Elliot	[The first page of a document which is interrupted by a dupliocate of p. 176, and then followed by an intact copy of pp. 177-178]
177-178	30 June 1786	Sydney	Gov. Elliot	The ordnance department says that it is an absolute necessity to have a wharf and ordnance storehouse in St. John's. The land where such a wharf and storehouse formerly existed should be reoccupied for that purpose. If that land has already been disposed, Elliot is ordered to allot the current owners another piece of land which the officers of that department at St. John’s may consider as most convenient.
178-180	22 March 1786	Earl of Richmond (Bd of Ordnance, London)	Lord Sydney	In 1783 the Ordnance storehouse was destroyed by fire and the wharf severely damaged. Orders were issued to have the wharf repaired, but Admiral Campbell the governor at the time prevented the engineer from proceeding as he was informed that the storehouse was on public ground allotted for the use of those employed in the fishery. Given the cost of hired storeships, a wharf is needed as close to the fortifications as possible. The former locations would saerve the needs best.
180-181	24 July 1787	Gov. Elliot	Captain Nepean, Chief Engineer	Elliot authorizes Nepean to build a storehouse for the use of the ordnance on the ground where the previous one, consumed by fire in 1783, was located. He is also to repair the wharf, which was damaged in the fire. The ground shall revert back to public land whenever it becomes useless to the office of ordinance.
182	25 July 1787	Gov. Elliot	Alexander Willson	Elliot has received Willson's the letter of 20 July, giving him notice that due to his removal from Placentia to St. John’s, the appointments of Justice of the Peace and Naval Officer have become vacant. Willson nominates Josiah Blackburn as his replacement. Willson also mentions that, when he left Placentia, the place was quiet and peaceable, and the church which was ordered to be built was in great forwardness.
182-183	26 July 1787	Gov. Elliot	JPs, Harbour Grace	Upon his conviction, the land of John Delaney was attached and sold. He wishes now to be compensated for the sale of his land so he may settle with his creditors. Elliot orders the JPs to make an account to Delaney of the sale, and pay him as he requests. Delaney adds that Doctor LeBriton and Doctor Ferris have made "an exhorbitant Demand" for attending to his family at the time of his wife's decease. Doctor LeBriton denies this claim, and demands no more payment than he is entitled to.
184	19 July 1787	Gov. Elliot (On board the Salisbury)	Lieut. Gov. Elford	"some Men in red Coats supposed to be Soldiers" are disturbing the peace in St. John’s. Elford is directed the troops to prevent any mischief to the inhabitants and to restor good order in and about the garrison.
184-185	21 July 1787			Garrison order: a Subaltern’s Guard is be mounted and that no officer or soldier be allowed to absent himself from the fort after sunset without permission until further order. The baggage of the 60th regiment is to be immediately carried down to the King’s Wharf and taken on board the General Elliot Transport. An Orderly Serjeant is to be appointed for the governor
185	22 July 1787	Gov. Elliot	Capt. Harvey, HMS Rose	Elliot transmits two acts of parliament (1786 & 1787) and a copy of the notice given by the Commissioners of His Majesty’s Customs for extending the time fixed by their order of the 5th of August 1786 for registering Ships and Vessels belonging to the Island of Newfoundland.
186	23 July 1787	Gov. Elliot		Garrison order [one of several concerning embarkation of soldiers of the 60th regiment on the General Elliot transport, for Quebec]. The detachment of the 60th (or Royal American) Regiment will march from Fort Townshend to the Kings Wharf this morning and taken by boats of the squadron to the General Elliot transport bound for Quebec
186	23 July 1787	Gov. Elliot	Mr. Ross (General Elliot Transport)	Order: The governor orders Ross to receive three companies of the 60th Regt on board his ship and proceed immediately to Quebec.
187	23 July 1787	Gov. Elliot	Capt. Charlton, 5th Regiment	Order: Charlton may permit Capt George Frazer and Ensign Farmer of the 60th Regt to come ashore from the General Elliot as they may be summoned to attend the Court of Session by the Magistrates of St. John’s.
187	23 July 1787	Gov. Elliot (St. John’s)	Captain Charlton, 5th Regiment	Order: Charlton is directed not to permit any officer or soldier embarked on board the General Elliot to come ashore during her stay in the port, to prevent the possibility of them being left behind. [This order presumably preceded the previous one]
188	23 July 1787	Gov. Elliot	Mr. Ross (General Elliot Transport)	Order: Elliot asks Ross to remain with the General Elliot Transport until further order.
188	23 July 1787	Gov. Elliot (St. John’s)	Bench of Justices (St. John’s)	Elliot notifies them that he has directed the Master of the General Elliot Transport not to sail from hence till further order, and to the commandant of his Majesty’s Troops on board the said ship to permit Capt Frazer and Ensign Farmer to come ashore at such time as the court of session may require their attendance.
189	24 July 1787	Gov. Elliot	Captain Charlton	Charlton may give leave to officers embarked on board the General Elliot to come ashore and settle their private affairs, but they must be in constant readiness to embark again upon the signal being made to sail.
189	23 July 1787	Gov. Elliot	Justices of St. John’s	The governor has received their letter indicating their satisfaction with the testimony of Captain Fraser concerning the disturbance “which he occasioned” on 19 and 20 July.
190	24 July 1787	Gov. Elliot		Order: Captain Thomas Nepean has been appointed to succeed Capt Caddy as the Chief Engineer of this garrison and is to be obeyed accordingly.
190	24 July 1787	Gov. Elliot	Mr. Ross	Ross is ordered to make the signal for sailing and without the loss of time proceed to sea.
191	27 July 1787	Gov. Elliot	Michael Gill , Judge, Vice Adm'y Court	Elliot wishes to know in writing whether the orders to Michael Gill ’s Deputy, by which James Ryan was to be paid the sums awarded to him by Mr. Brooks, have been paid yet. If not, Elliot wishes to know why not.
191-193	27 July 1787	A. Graham for Gov. Elliot	Peter McKie  (St. Johns), John Clinch  (Trinity), Charles Garland  (Harbour Grace), John Brown (Placentia), William Carter (Ferryland), Charles Aug: Cramer  (Fortune Bay)	This order confirms the appointment of these six men as “Surveying Officer” in their district, responsible by the provisions of the Act of Parliament to encourage the increase of shipping by inspectin, registering & measuring shipping in their respective ports.
193	27 July 1787	Gov. Elliot		Order: officers and soldiers off duty are to apply to their respective Commandants for leave to be absent from the Garrison
194	28 July 1787	Aaron Graham for the governor	James Ryan	Graham informs Ryan that he must “lose no time in waiting upon his Worship that the Business may be concluded without further trouble”. This refers to the business mentioned on page 191.
194-195	31 July 1787	Gov. Elliot	John Lees, Barrack Master	Lees is to furnish the barracks with cleaning utensils, as requested by the Commandant of the detachment of Infantry doing duty in the garrison of St. John’s.
195	4 August 1787	Gov. Elliot		Order: First Lieut. James de Peyster of the Royal Regiment of Artillery has joined the detachment in St. John’s under the command of Major Brady, and is to be obeyed as first Lieutenant as accordingly.
195	9 August 1787	Gov. Elliot (St. John’s)	Capt Nepean, Chief Engineer (St. John’s)	The wells in Fort Townshend are nearly dry, so Nepean is to take the necessary steps for procuring a proper quantity of water.
196	5 August 1787	Gov. Elliot	Capt Pellew, Winchelsea.	Elliot acknowledges Pellew's letter indicating what he has done in the case between Hutchings and Coady of Bay Bulls, and of his intentions to proceed to sea.
196	11 August 1787	Gov. Elliot		John Brown and Robert Bollard are appointed JPs for the district of Placentia. John Brown is appointed as the keeper of the rolls.
196-197	18 August 1787	Gov. Elliot	Mr. Ogden Garrison, Surgeon (St. John’s, Newfoundland)	The Commander of the 4th (or King’s Own) Regiment on garrison duty in St. John’s informed him that they need a supply of medicines to treat the sick at their detachment. GovElliot asks Ogden if it is in his department to furnish the garrison, and if it is, whether he has the supplies to do so. A tiny annotation indicates that Ogden denies that it is his responsibility to furnish detachments with medicines, only to treat the men when they are in the garrison hospital
197	18 August 1787	Gov. Elliot	Capt Pellew, Winchelsea	Elliot received Pellew's letter of 16 Aug, concerning a fishing room occupied by Mr. Thomas Gibbs & Co. at Fermeuse and which granted them permission to erect fishing conveniences. Elliot grants permission.
198	18 August 1787	Gov. Elliot		John Waldron and Charles Augustus Cramer are appointed JPs for the district of Fortune Bay. Waldron  is to be the Keeper of the Rolls
198-199	18 August 1787	Gov. Elliot	John Dingle	Elliot has received Dingle's letter of 15 Aug; he tells Dingle that he acted improperly in releasing Mr. Williams so soon after he had been committed to prison for contempt of his authority. Williams should have been kept in prison until he paid his fines or until the arrival of a surrogate who “no doubt would have dealt with him as he should have been found to deserve”. If similar circumstances arise in the future, Dingle is to take proper steps within his authority and responsibilities as a magistrate.
200	20 August 1787	Gov. Elliot	Capt Thom 4th (Kings Own) Regt	Elliot encloses Ogden's letter concerning Thom's request for medicines for the garrison. [See above, pp. 196-197].
200	20 August 1787	A. Graham for Gov. Elliot		Circular: giving notice that the general assizes for the trial of felons by Oyer and Terminer will be held at the court house in St. John’s on Monday the 24th of Sept. next.
201	21 August 1787	Gov. Elliot		James Rennolls [Reynolds?] is appointed JP for the district of Great St. Lawrence.
201	21 August 1787	Gov. Elliot	Capt. Caddy Royal Engineers	Caddy was granted leave by the Master General of the Ordnance to return to England, and asked permission to leave at the first convenient opportunity; Elliot grants the request.
202	22 August 1787	Gov. Elliot	Magistrates, Harbour Grace	They informed Elliot by letter dated 21 Aug. about the proceedings in the case of Hill vs Morgan Cavanagh; Elliot is pleased with their conduct through the whole business. If Cavanagh gives them further trouble, they should complain to a Surrogate who “will no doubt deal with him as he shall deserve”.
202-203	24 August 1787	Gov. Elliot	Capt Pellew, Winchelsea	Richard Hutchings and the magistrate of that area (John Dingle) are having a dispute. Hutchings and Dingle have submitted both two completely different accounts of the matter. Elliot has sent both letters to Pellew and requests that he investigate and take steps to resolve the matter. The letters are to be returned with his report.
203-204	24 August 1787	Aaron Graham (St. John’s)	Michael Horham (St. John’s)	Horham had requested permission to convert part of his storehouse to a dwelling house to continue in the fishery. Horham is engaged in the fishery and keeps a banker. Capt Gower, HMS Salisbury, looked into the matter, and granted him permission to proceed. Gov. Elliot confirms this permission, stipulating Horham is to show this letter to the High Sheriff and have him examine the building before any alterations are made.
204-205	24 August 1787	Gov. Elliot	Capt Pakenham, HM Sloop Merlin	The Magistrate of Bonavista complains that he cannot perform his duties without some assistance. He has recommended William Brown and Stephen Landers as fit persons to be appointed as Magistrates,. Elliot orders Pakenham to make an enquiry respecting their character. If he finds Brown and Landers suitable to be appointed as JPs, he is to insert their names or the names of two other more eligible people on an enclosed blank commission, then return this to Gov. Elliot
205-206	3 August 1787	Gov. Elliot	Andrew Thomson	Capt. Gower, HMS Salisbury, with two persons well acquainted in the fishery, have examined the ground on which, by lease, Andrew Thomson is engaged to build a store [i.e., storehouse]. They are satisfied that the land has never had a building erected upon it but that it was always considered as Ships Room. Thomson is therefore directed to under no circumstance build on that land.
206-207	3 August 1787	Gov. Elliot	John Jones Dissenting Minister, St. John’s	Capt. Gower, HMS Salisbury, and two persons well acquainted with the fishery have surveyed land on which Jones wishes to erect a meeting house, school room, and dwelling house for the use of the dissenters of St. John's. They are satified that this won't interfere with the fishery, so Gov. Elliot grants Jones permission to proceed.
207-208	30 July 1787	Andrew Thomson	Gov. Elliot	Petition: this is the petition by which Thomson requested permission to build a storehouse on the land that he holds by lease. He is required by that lease to build a store on the land, but the land is understood to be a ships cove.
208	n.d.	E. Gower, Garrett Quigley, Barnett B Nurse		The land mentioned in Thomson's petition has been surveyed by Captain Gower, and two "very Old" residents [presumably meaning that they have lived in St. John's a very long time, not that they personally are very old], Garret Quigley and Barnett Nurse. They remember the location being used as "a publick property by Ships Boats and Stores belonging to different People being landed in the said Cove without being molested or any tribute being paid to any body."
209-210	4 May 1787	Andrew Pinson, Dartmouth, Devon		Petition: Andrew Pinson's father established a ship's room in approximately 1720 which Pinson inherited, and that he or his tenants have used it ever since, until John Studdy built a store house across the path which Pinson needs to use as a "barrow path" to get from his stages to his flakes. He wants the store house removed. Richard Geaves acts on his behalf.
210-211	5 Sept. 1787	E. Gower, John Rogers, William Harvey; approved by Gov. Elliot		Capt. Gower, John Rogers and William Harvey have surveyed the disputed ground. Studdy built his store house 10 years ago. It does not interfere with the fishery, as there is a more convenient "carrying way" available. Indeed, they believe that removal of Studdy's store house would be hurtful to the general good of the fishery.
211	24 August 1787	Aaron Graham for Gov. Gower	Henry Saunders	Saunders has permission to repair his dwelling house, but not to enlarge it. He is to present this letter to the High Sheriff who will examine the house before he begins doing anything to it.
211-212	20 July 1787	Aaron Graham for Gov. Gower	JPs for Nfld and Capt. Harvey (Rose), Capt. Pakenham (Merlin)	In their returns of the fishery, they are to distinguish by quintal between fish sent to European markets and fish which goes to the West Indies.
212	18 August 1787	Aaron Graham for Gov. Gower	David Shepherd, Michael Cahill, Daniel Donavan, Mrs. Holland, Mrs. Keeves	They are all ordered to find a new habitation as the dwelling in which they currently reside has been deemed a nuisance to the fishery. The house is to be taken down by the High Sheriff immediately after 29 Oct., when their lease, held by Mr Intsham, expires.
213-215	18 August 1787	A. Graham for Gov. Elliot		Thomas Gibbs & Company of Dover, Kent are merchants trading to Fermeuse. They informed the governor that they erected fishing conveniences there at great expense on an unoccupied spot, and wish Elliot to certify their "quiet and peaceable possession" of it. Elliot agrees, following inspection by Capt. Pellew, HMS Winchelsea. The usual conditions (anyone can take possession should the property decay, is abandoned, or neglected for making fish for one season.
215-216	27 August 1787	A. Graham for Gov. Elliot		Richard Dalton, a boatkeeper of Petty Harbour, has erected fishing conveniences at great expense on an unoccupied spot, and wishes to have Elliot certify his "quiet and peaceable possession" of it. Elliot agrees, following an inspection by Capt. Gower, HMS Salisbury, subject to the usual conditions (it must be used for the fishery; anyone can take it if the fishing conveniences decay, are abandoned, or neglected.
217-218	27 August 1787	A Graham for Gov. Elliot		John Harvey, a boatkeeper of Petty Harbour, has erected fishing conveniences at great expense on an unoccupied spot, and wishes to have Elliot certify his "quiet and peaceable possession" of it. Elliot agrees, following an inspection by Capt. Gower, HMS Salisbury, subject to the usual conditions (it must be used for the fishery; anyone can take it if the fishing conveniences decay, are abandoned, or neglected.
219	29 August 1787	Gov. Elliot	Captain Nepean, Chief Engineer	Elliot informs Capt Nepean that it is necessary to pull down the gaol in order to facilitate the building of the new one. Nepean os therefore directed "to cause the black Hole at Fort William to be fitted for a temporary gaol."
219-220	7 Sept. 1787	A. Graham for Gov. Elliot		Appointment of Dewes Coke, Richard Routh, William Gaden, George Williams, John Levingston, John Rogers and John Lee  as commissioners of Oyer and Terminer.
221-222	7 Sept. 1787	A. Graham for Gov. Elliot		[a repetition of p. 220 follows p. 221; p. 221 is then repeated] John Adams has erected fishing conveniences at considerable expense on an unoccupied spot of ground in Jonathans Cove Cape Broyle Harbour, and wishes to have Elliot certify his "quiet and peaceable possession" of it. Elliot agrees, following an inspection by Capt. Pellew, HMS Winchelsea, subject to the usual conditions (it must be used for the fishery; anyone can take it if the fishing conveniences decay, are abandoned, or neglected.
222	8 Sept. 1787	Gov. Elliot	John Brown	By letter of 27 Aug, Robert Bollard has declined the position of JP, Placentia. Elliot offers Brown the post and directs him to make a Minute of this in the records of the district of Placentia.
223	8 Sept.	Gov. Elliot	Robert Bollard	Elliot acknowledges Bollard's letter of 27 Aug, indicating that he did not wish to be a magistrate of the district of Placentia.
223-224	30 Aug. 1787	Edward Pellew Surrogate		Roger Walsh of Bay Bulls appeared in court indebted to several creditors. He could not pay his debts, so it was ordered that his house be sold, and that money was to be combined with the money from the sales of his furniture. Whoever purchases Walsh’s house need not give him a bill of sale or sign any such papers as is usually required in such cases.
224	[30 Aug. 1787]	Edward Pellew Surrogate, John Dingle, JP, Roger Walsh (his mark)		They affirm that Roger Walsh assigned the lease of his house to Francis Bradshaw, the purchaser, payment (upon Elliot's approval) to be signed into the hands of Elias Coombe, merchant & Richard Hutchings who, by consent of the crediters, were named the Assignees. Gov. Elliot indicates his approval, 8 Sept.
225-231	20 June, 1787	Godfrey Lee Farrant, Registrar for George III		William Carter is appointed the commissary and Judge of the Vice Admiralty Court of Newfoundland in place of Nicholas Gill. His responsibilities, jurisdiction and authority are explained here; Gov. Elliot affirms that Carter was sworn in before him on 17 Sept
232	10 Sept. 1787	Gov. Elliot	Lieut. Gov. Elford (St. John’s)	Elford is informed that the brigantine Peggy, Robert Frow Master, has been sent from Halifax with provisions for the use of the garrison in St. John’s. The general at Halifax wishes to receive three receipts for the provisions that he has sent; , Elford is to see to this.
233	10 Sept. 1787	Gov. Elliot (St. John’s)	George Brinley, Commissary General (Halifax)	Lieut. Gov. Elford has been directed to send him the receipts upon arrival of the provisions from Halifax
233	10 Sept. 1787	Gov. Elliot (St. John’s)	John B. Dight (Halifax)	Elliot acknowledges receipt of the bill of lading and invoice for the provisions being sent from Halifax. Proper receipts will be sent upon the arrival of the provisions in the brigantine Peggy, Robert Frow Master.
234-235	24 June 1786	William Peagum (St. John’s)		The last Will and Testament of William Peagum of Farrington, Devonshire, now residing in St. John's, Nfld. Witnessed by Samuel Intsham & John Harvey; entered at request of Andrew Barns, one of the executors, and by order of Gov. Elliot. The will disposes of his assets, property & possessions, frees an indentured servant of his contract, etc.
236	13 Sept. 1787	Aaron Graham for the governor	Anthony Stewart	He is authorized to build, as he requested, a dwelling house on the piece of land which Captain Gower, JMS Salisbury has inspected and reported to be out of the way of the fishery. Stewart is to take the letter to the High Sheriff for his information.
236-237	14 Sept. 1787	Gov. Elliot	Lieut. Gov. Elford	Elliot encloses the most recent returns “made ... by the Commandants of the detachment of Artillery and Infantry doing duty in this garrison”.
237	17 Sept. 1787	William Carter, Vice Admiralty office	Gov. Elliot	Carter recommends Mr. Hay who wishes to be registrar of the Court of Vice Admiralty of Newfoundland.
238-240	17 Sept. 1787	Gov. Elliot		By the powers vested in him, Elliot appoints Nicholas Gill Hay the Register and Scribe of the Court of Vice Admiralty in the Island of Newfoundland. His responsibilities as register and scribe are then defined.
240	17 Sept. 1787	Gov. Elliot		Nicholas Gill Hay has been sworn in as Regiatrar and Scribe of the Court of Vice Admiralty of Nfld
241	18 Sept. 1787	Gov. Elliot		William Carter has been appointed Commissary of the Vice Admiralty Court in Newfoundland.
241-242	20 Sept. 1787	A. Graham for Gov. Elliot	Nicholas Lechmere, Ordnance Storekeeper	He is ordered to supply the detachment of the 4th (or King’s Own) Regiment with the supplies listed here.
242	20 Sept. 1787	Aaron Graham for the governor	Bryan Fitz Simmons (St. John’s)	He has permission to repair his shop as he requested on 17 Sept; he is to take this letter to the High Sheriff so that he may inspected the building before he proceeds with any alterations.
243	22 Sept. 1787	Maj. Thomas Bardy, Royal Regt Artillery	Gov. Elliot	Alexander Willson, military surgeon at Fort Townshend, has requested leave; Bardy is okay with this because Willson will recommend a suitable replacement. Bardy asks the governor to approve Willson's request.
243-244	24 Sept. 1787	Gov. Elliot	Major Brady	Elliot approves Willson's request for six months leave to attend to his personal matters, so long as he appoints a suitable person to perform his duties while he is away, and returns at the end of the leave period.
244	28 Sept. 1787	Aaron Graham for the governor	Bevil Thomas	Thomas is granted him permission to repair his cooperage adjoining Mr. Henley’s wharf, provided he does not convert any part of it into a dwelling house. He is to inform the High Sheriff so that he can examine the structure before any alterations are made.
245	5 Oct. 1787	Gov. Elliot		Gov. Elliot orders the Magistrates for the district of Ferryland to ensure that an order which had been given by Gov. Campbell (see below) is enforced, and that Elliot's order, with a reference to Campbell's order, be entered into the Records of the district and a copy of the paper to be delivered to the petitioner.
245-246	n.d.	Gov. John Campbell		Hannah McDaniel was bequeathed property by her father in law, and the Weston family (William Carter, the son-in-law of the deceased Peter Weston to whom the debt was owed by McDaniel's the father-in-law) appears to be challenging control or ownership of the land. The issue extends in the legal record back to Governor Montagu.
247	10 Sept. 1784	Gov. Campbell	the JPs, Ferryland	Further to the above case, Campbell notes that the Weston family never approached the surrogate about the matter when he was in Ferryland. Campbell therefore directs the JPs to “secure Hannah McDaniel in the quiet and peaceful possession of the premises”. This order is confirmed here as a true copy of the original by Justice Robert Carter of Ferryland, 15 Feb. 1786.
pages 246 and 247 are repeated before p. 248 appears.
247-249	30 Dec 1786	William Edgar, Thomas Boone, William Hey, H. Pelham (Customs Office, London)	Gov. Elliot	They have received complaints that several Customs collectors in the colonies have "very great and exorbitant charges" for the prosecutions of seizures made by them  and other port officials. They have directed their officers to provide the governors with detailed information about every charge they make, and submit them to the governor for approval. A certificate is to be provided and signed by the giovernor and affixed to the account of every seizure. A blank sample certificate is appended.
249	6 Oct. 1787	Gov. Elliot	Richard Routh	Elliot sends Routh the letter received from the Customs Commissioners;  Chief of Newfoundland. The letter is He is to return the letter to Elliot once Routh has read it.
250-251	7 Oct. 1787	A. Graham for Gov. Elliot		Messieurs  Peter Romney & Co. have cleared land at Fermeuse Harbour to carry on a fishery. They ask that Elliot certify their "quiet and peaceable possession" of it. Elliot agrees, following an inspection by Capt. Pellew, HMS Winchelsea, and a certificate from three long-standing ihabitants of Fermeuse (Thomas Forristle, William Brothers, Robert Holley), subject to the usual conditions (it must be used for the fishery; anyone can take it if the fishing conveniences decay, are abandoned, or neglected.
251	12 Oct. 1787			Order: non commissioned officers and private soldiers belonging to the garrison cannot leave Fort Townshend after “Retreat beating” until further notice.
252-253	17 Oct. 1787	23 merchants of St. John’s; names are given	Gov. Elliot	They are alarmed that steps are being taken to reduce the number of public houses in St. John's. The measure will limit the strength of the civil power because every publican must serve as a constable to the magistrates. Nor is the reduced number of pubs capable of serving the planters and boatkeepers at this season of the year, when they come from many part of the island to St. John's, or the servants who are here awaiting passage home and who, without more pubs, will "lay about the Streets and under the Flakes", plaving the twon at risj of fire and disturbances of the peace. Their sole motive in bringing this matter to Elliot's attention is "to support the Tranquility of the Town"
254	18 Oct. 1787	Gov. Elliot		Elliot insists that it is not in his power to adjust the number of public houses without the permission of His Majesty. He says he will raise their concerns at his earliest opportunity upon his arrival in England.
254-255	n.d.	His Majesty	Elliot	An extract of Elliot's instructions, specifically, Article 9 which addresses the need to discourage abuse of drinking and specifically limits the number of pubs to 12.
pages 254-255 are repeated before p. 256 appears
256-257	20 Oct. 1787	Gov. Elliot	Nicholas Lechmere , High Sheriff, Nfld	Elliot informs Lechmere that he has granted permission to John Saul, a St. John's boatkeeper, to take possession of a fishing room  known as Lilly's plantation and formerly owned by an American of that name.  Saul may take possession of it after the current lease with Samuel Jutsham expires on 29 Oct. Jutsham's tenants (identified by name in the margin) must vacate the premises after that date. The plantation has been deemed a nuisance, and is to be taken down so Saul may erect flakes and other fishing conveniences.
257-258		John Saul	Gov. Elliot	The petition of John Saul, requesting permission to take possession of the plantation owned by the American once the lease has expired, so he may erect flakes and other fishing conveniences. [See document above].
258-260		Capt E. Gower, Garrett Quigley	Gov. Elliot	Gower and a long-time resident, Garrett Quigley, enquired into the merits of Saul's petition and inpsected the plantation in question. Much of it is occupied by dwellings & shops not directly involved in the fishery and in ruinous condition (a bakery, a cooperage, a garden, dwellings occupied by men fishing out of Petty Harbour and Torbay), the whole being detrimental to the fishery at St. John's. [See document above].
260-261	22 Oct. 1787	A. Graham for Gov. Elliot		Andrew Thomson & Co.informed the governor that they erected fishing conveniences on unoccupied ground at Trepassey at great expense, and wish Elliot to certify their "quiet and peaceable possession" of it. Elliot agrees, following inspection by Capt. Harvey, HMS Rose. and by five long-standing residents of Trepassey, who confirm the information provided in the petition. The usual conditions (anyone can take possession should the property decay, is abandoned, or neglected for making fish for one season.
262-265	22 Oct. 1787	Nicholas Lechmere, Treasurer		An account of the public fund of St, John’s district by Nicolas Lechmere; approved by the governor, 22 Oct.
266	23 Oct. 1787	Martin Gleeson	Gov. Elliot	Gleeson acknowledges that he has received from Michael Wall for account of Mr. Peter Prim, eighty one quintals of fish, amounting to £61 10 shillings [the document is crossed out and marked "cancelled"]
266-267	23 Oct. 1787	Gov. Elliot	Martin Gleeson	[See document above]. Elliot points out that the fish mentioned in the previous letter were received by Gleeson from Micahel Wall who, on account of the bankruptcy of Mr. Prim, could not pay his servants their wages. Gleeson must therefore turn over the entire value of the fish (£61 10 shillings) to the court of session where the magistrates will pay Wall's servants.
267	25 Oct. 1787	Elias Langdon, signed by Gov. Elliot		A letter has been delivered to Elias Langdon with a commission (dated 17 Sept 1787) appointing him, John Rolls and William Brown JPs for the district of Bonavista; Langdon will be Keeper of the Rolls.
268-269	24 Nov. 1786	Gov. Elliot (London)	Lord Sydney	Elliot was informed by the JPs of St. John's by letter of 13 Oct that the building used as the courthouse and prison for the district of St. John’s was in a “ruinous and decayed state”, so Capt. Caddy inspected it to determine whether it should be repaired or if a new one should be built. Caddy reported that it was impossible to confine a single felon in the old gaol without a guard from the garrison, and that the building would unavoidably fall to pieces after another winter. Captain Caddy also provided an estimate for a new building, which was £1079.17.7½. Elliot lacks this kind of fund and asks government to deal with it.
270	12 April 1788	(London)	Customs officers, Nfld	Sends them a printed copy of a recent Act of Parliament concerning trade between the British empire and the United States; they are to execute the provisions of the act.
271	13 April 1788	Gov. Elliot	Lord Sydney	Elliot has received Sydney's of 25 March with the King's directions to make as public as possible a proclamation issued 22 March "for recalling and prohibiting Seamen from serving Foreign Powers and states."
271-273	22 Mar, 1788	HM George III(London)		The proclamation mentioned above
273-274	26 April 1788	Gov. Elliot	Stephen Cottrell (London)	[See above, pages 256-257]. Elliot passes on the letter (below) of John Lillie, an American whose ownership rights over a plantation in St. John's are in question. Elliott seeks the advice in this matter of Board of Trade concerning property rights of Americans in Nfld.
274-276	5 Sept. 1787	John Lillie (Boston)	Gov. Elliot (St. John’s)	This concerns "Lillie's Plantation" which has been in John Lillie's family for about a century; he writes in behalf of his widowed mother, Mrs. Abigail Lillie, now Abigail Harris. When his father died about 20 years ago, she inherited the property and leased it to Samuel Jutsham for a term of 21 years. Peter Prim is agent for the estate in St. John's. But for the past few years, Jutsham refused to pay the rent and indicated that he won't give up the property when the lease expires at the end of Oct 1787. Lillie intends to come to St. John’s in the spring to “settle upon, sell, or lease the plantation”. He asks that the land not be detained before he may make his case before Elliot. [See documents on pages 256-257 and 273-274].
277	n.d.	[Elliot]		[This paragraph is presumably a continuation of Elliot's letter to Stephen Cotrell, for here he says that he sent for Mr. Prim to explain why he coul not grant Lillie's request] The terms of the Treaty of Peace and the Act of 1775, "totally incapacitated" Mrs Lillie from enforcing the fishing plantation herself as she has no authority "to let or sell it to other Persons".
277-278	17 June 1788	R.P. Arden,   A. Macdonald	Lords of the Privy Council	They have considered the case of Mrs. Abigail Harris [Lillie] and conclude, citing a previous opinion given 22 March 1786 that she may not retain land in Newfoundland, nor can she sell her former fishing rooms which are occupied by British Subjects. She is avoiding "a Question of great Importance', namely, how far Americans whose independence from Great Britain was acknowledged by the King, may retain real estate rights in the King's domain.
279-283	25 Aug 1787	George R	Gov. Elliot	Charles Inglis has been appointed to be Bishop of the province of Nova Scotia, with jurisdiction extending to the "provinces of Quebec, of New Brunswick and the Island of Newfoundland." Gov. Elliot is ordered to give him all fit support and countenance, and to see that this commission is registered in the public records of Nfld. This instruction includes religious laws that Elliot is required to see enforced.
284-295	n.d.	George III		The province of Nova Scotia is being raised into a Bishops See. The Church of England is the Established Church of the bishop's jurisdiction. The authority and responsibilities of the appointed Bishop and his successors, as well as other religious laws are defined and stated. [See document above].
296-302	n.d.	George III		The King hereby extends the authority of the Bishop of Nova Scotia into the provinces of Quebec, New Brunswick and the Island of Newfoundland. The authority and responsibilities of the Bishop are defined.
303-304	3 August 1788	A. Graham for Gov. Elliot		In consequence of taking possession of a Plantation known as Lilley’s Plantation [see documents on pages 273-274, 274-276 and 277-278] John Saul “has been at a very considerable expense erecting Flakes and other necessary buildings for use in the fishery." He requests that  Elliot secure him in the possession of the plantation. Elliot agrees, having had Capt. Gower of HMS Salisbury view the property, and subject to the usual conditions, that it be used only for the fishery and not be abandoned or left to decay, in which case it may be occupied by any other person first arriving from his Majesty’s Dominion in Europe.
305	12 April 1788	Gov. Elliot	Customs Officers, Newfoundland.	Elliot sends them a printed copy of the new Act of Parliament regulating the trade between His Majesty’s subjects and the USA and foreign islands in the West Indies. The customs officers are to abide by the said act.
306	13 April 1788	Gov. Elliot (London)	Lord Sydney (London)	Elliot acknowledges receipt of Sydney's letter directing him to make public the proclamation for recalling and prohibiting Seamen from serving Foreign powers and States.
307-310	26 July 1788	Gov. Elliot (St. John's)		Proclamation: Concerning the redefinition of the Treaty Shore in 1783. France renounces claims to the coast from C. Bonavista to C. St. John, while the Shore now extends further from Pt Riche to C. Ray. French may erect scaffolding & repair vessels but not over-winter; Br. Subjects are not to interfere or interrupt the French “during the Temporary Exercise” of their fishing privileges. A new act of parliament has just been passed to enable the crown “to make such regulations as may be necessary and the Inconvenience which might arise from a Competition of His Subjects and those of [France] in carrying on the fishery” [underlining in the original]. This new act was presumably passed to reduce friction between English and French fisherman on the French shore by effectively & specifically empowering the governor of Nfld to apply appropriate measures to maintain peace and order on the Treaty Shore.
311	27 July 1788	Gov. Elliot	Captains Harvey, Rose, Gower, Salisbury, Pellew, Winchelsea, Pakenham, Merlin	Elliot sends a copy of the act to each captain of his squadron.
312-313	30 July 1788	Gov. Elliot	Capt. Pakenham, Merlin	Pakenham informed Elliot that the behaviour of Mr. Langdon over the winter caused his "Disapprobation." . Elliot reminds him that "it is no uncommon thing in this Copuntyry for interested and designing People to be dissatisfied with Magistrates." He should therefore look further into the matter and suspend his judgement until he is sure that “he is deserving of Censure”. Elliot appointed Mr. Rolls & Mr. Brown to act with Langdon as JPs for Bonavista, on recommendation of Lester & Stone of Trinity, "the latter by desire of Mr. Langdon." Pakenham should judge their suitability; Elliot provides blank appointment forms if new JPs need to be appointed. Elliot was also informed by the Judge of the Admiralty that “Mr. Keef of Harbour Grace is carrying on the fishery there as Agent or Attorney to his own assigness”. Elliot is concerned that Keef may try and pay his servants in Bills of Exchange, so he directs Pakenham to “direct the Magistrates to warn the Seamen and Fisherman of Mr. Keef’s situation and to caution them against parting with their fish and oil until they shall have received proper security for the payment of their wages."
314	1 Aug, 1788	Walter Price	Gov. Elliot	The usual allowance of provisions to which he is entitled as Garrison Chaplain of St. John’s was stopped since 14 Sept. 1787. He requests that "the said Arrears ... be delivered and the future allowance to be issued as it may become due."
315	2 August 1788	Gov. Elliot (St. John’s)	Lieut. Gov. Elford	Elliot wants to know whether or not Elford received orders from England to stop providing provisions to the Dep. Chaplain Walter Price; if he not, then he is to pay him what is due, and what will hereafter become due.
316	4 August 1788	Lieut. Gov. John Elford (Ft. William)	Gov. Elliot	Elford explains that “the quantity of provisions in store was so small, that I was under the necessity of putting a stoppage to it”. He adds that, where Price is in the Victualling account of last year, his provisions should be included in the quantity destined for the garrison. Wit arrives, it will be immediately given to Mr. Price.
317	2 August 1788	Gov. Elliot		Order: that a sub-altern take command of Fort Amherst and the strength of that fort be increased by 20 men, 6 from the Royal Regiment of Artillery, 14 from the 4th (or King’s Own) Regiment, including the commandant & non-commissioned officers. They are to be relieved every Fortnight until further order.
317-319	1 August 1788	Gov. Elliot	The captains of the Nfld squadron and the JPs of the several districts of Nfld	Passes on the legal opinion from govt, based on Act of 1775, that “the fish and oil taken and made at Newfoundland, even in the Hands of a Purchaser are subject and liable to the payment of the Seamen and Fishermen wages, provided timely notice be given to such Purchaser that the wages are due thereon…”.  It is also advised that Seamen and Fishermen not relinquish their right to the fish and oil until they are assured that notice has been given to the purchaser by their employer that their wages are due thereon.
320-321	May 10 1788	RP Arden, A Macdonald	The Lords of the Privy Council	They considered a case which raised questions about the procedure described inn the previous document, concerning whose responsibility it is to see that servants wages are paid. They have decided that a vendee who paid for the fish and oil cannot be held responsible for the wages of the Fisherman, but if the Master is in possession of the fish and oil, or anyone who has not paid a fair price for it, is liable. The case in point was that of Stracey and Andrew V Halsey.
322	2 August 1788	Aaron Graham for Elliot		Notice: the governor learned by Mr. Richard Qualtro, Master of the Ship Minerva, from Lisbon, that prior to her sailing from Lisbon, (on or about the 16th of July), HM Ship Myrmidon arrived there with letters from Commodore Cosby to the Consul and Merchants of the English Factory, “acquainting them that the differences between the Courts of Great Britain and Morocco were amicably settled. As a result, the Minerva and all other British ships intended to sail without convoy.
323	2 August 1788	Gov. Elliot	Lord Sydney	Elliot arrived in St. John’s on 27 July and found the fishery in a flourishing state, everything was peaceful and quiet on the island, the prison was empty all winter, and judging by the Returns of the magistrates, they will remain empty during the summer.
324-325	2 August 1788	Gov. Elliot	Charles Aug. Cramer (Harbour Breton)	He has received Cramer's letter of 30 June with enclosures, concerning one "Peters" who Cramer believes was British but who insists he was French. Elliot hopes Cramer has convincing proof. Elliot has not yet heard back from the governor of St. Pierre, but he is concerned that Cramer "carried on the dispute with too determined a resolution". He directs Cramer to write more politely to Gause du Mesnelambert, Acting Governor of St. Pierre.
325-326	4 August 1788	Gov. Elliot	Capt. Wilks, Royal Regiment Artillery.	Major Brady informs Elliot that it is customary for the officer of the Artillery next in rank below the commandant of the artillery to command At Placentia. Elliot does not object to this, and orders Captain Wilks to leave for Placentia at the first opportunity to take command of the garrison there from Lieut. De Peyster who is to join the detachment in St. John’s.
326-327	4 August 1788	Gov. Elliot	Reverend Price, Dep. Chaplain to the garrison (St. John’s)	Elliot send him a copy of encloses a copy Elford’s report concerning the arrears in Price's provisions and assures him that Price will receive his arrears.
327-328	5 August 1788	Gov. Elliot	Maj. Brady, Royal Artillery	Elliot informs Brady that Captain Wilks will take command of the garrison in Placentia, as per the enclosed order.
328-329	8 August 1788	Gov. Elliot	Capt. Pakenham, Merlin	Pakenham is instructed to inquire into the matter of Mr. Langdon and determine whether the allegations are true; he is to take the necessary steps in punishing him if true, or his accusers if they are false. [See above, pp. 54-55, 312-313]
330	23 June 1788	Phillip Cosby (Trusty, Gibraltar)	James Duff (Cadiz)	[Elliot received this letter on 10 Aug. and encloses a copy in his records; Duff is the British Consul at Cadiz] Cosby indicates that there has been a “renewal of Friendship between the Powers of Great Britain, and Morocco, and that the Trade of His Majesty’s Subjects may follow its usual Course without apprehension…”
331	14 June 1788	Consul Matras, Tangier	Commodore Cosby	[Extract] a letter indicating that cordial relations have been ordered by the Emperor [Morocco] to be restored with British merchants
331-333	12 Aug.  1788	Gov. Elliot	Customs Officers (St. John’s)	Elliot has learned that several vessels are fishing in Nfld in violation of the terms of the Act of 1775; fishermen may not arrive in Nfld from any other country except Great Britain. Customs Officers are to enforce this. No Bermudian vessels may be cleared from a Nfld port without being first inspected by Capt. Gower, Salisbury, to prevent them from carrying off British seamen or fishermen.
334	15 Aug 1788	Gov. Elliot	Lord Dorchester, (Canada); John Parr  Lt Gov (Nova Scotia)	Dorchester and Parr  are sent a copy of the paper relative to the renewal of friendship between the powers of Great Britain and Morocco.
334-335	16 August 1788	Gov. Elliot	Charles Aug. Cramer	Elliot acknowledges receipt of Cramer's request to resign as a JP. Elliot also received Cramer’s resignation from Capt. Harvey, so he approves and confirms Cramer’s resignation.
335-336	16 Aug 1788	Gov. Elliot	John Waldron (Fortune Bay)	As Keeper of the Rolls, Waldron is to note Cramer's resignation as JP in the records of the district of Fortune Bay.
336-337	20 Aug 1788	Maj. Thomas Brady, Capt. Peregrine Fraser 4th or King’s Own Regt, Thomas Nepean, Royal Engineers	Gov. Elliot	Since 14 Sept they have been curtailed from the greatest part of their allowance of "Provisions and spruce beer", and others (women, children of the detachment, civilians employed in the Ordnance) have been cut off completely. They are concerned that there's been some sort of change in the way they are provisioned, without formal notification or order. They request that Elliot give Lieut. Gov. Elford directions to issue the provisions to which they are entitled.
338-340	20 Aug 1788	Gov. Elliot	Lieut. Gov. Elford	Elliot wants a strict accounting of what's been going on with respect to the issuing of rations and supplies. Elford is directed to submit a return of the persons (military and non-military) and the provisions to which they are entitled. If changes in provisions were not ordered, he is to issue the provisions entitled to each person in each case and continue to do so until further order. Elliot also requests that he close his annual account on the 14th of Sept. next and “furnish” him with copies of all the vouchers so he can present them to His Majesty’s Ministers (if needed) to receive “instruction upon that head against my return here next season”.
340-341	20 Aug 1788	Gov. Elliot	Capt Pakenham, Merlin	Pakenham is to assist the Collector of Customs in St. John’s in locating a vessel which is laden with brandy and supposed to be a smuggler. The supposed smuggler is trading in the area of Bonavista.
341-342	20 Aug 1788	Gov. Elliot	Magistrates of the respective districts of Nfld	[This is a form which they are to fill out and submit] They are to send him an account current of Fines and Forfeitures for their district from 20 Aug 1785 to 20 August 1788 agreeable to this form.
342-343 appear are repeated.
343-344	22 Aug 1788	Gov. Elliot	Magistrates of Harbour Grace	The expenses of criminal prosecution are to be paid by the residents of the town where the person being prosecuted lives, unless that person cannot paying those costs. The expenses of the trial of John Delaney (£31.18.6) have not yet been paid to the High Sheriff. The sum is now ordered to be paid immediately by the Magistrates of the district; they may then charge it to the inhabitants of Harbour Grace (unless Delaney can pay it himself). The magistrates may recover the money from fines, but they must be careful to replace it when the money is raised.
344	28 Aug 1788	Gov. Elliot	Aaron Graham	The General Assizes for the Trial of Felons by Commission of Oyer and Terminer will be held at the court House in St. John’s on Monday, 29 Sept.
345-346	30 Aug 1788	Gov. Elliot	Captain Pakenham, Merlin	[See documents on pages 54-55, 312-313, and 328-329]. Another document concerning the case of Elias Langdon. Gov. Pakenham is ordered to investigate as “the Inhabitants of Bonavista with the assistance of the agents of the two principal Houses at Trinity are determined to drive him out of that district”.
347	30 Nov. 1787	Phillip Stephens, Admiralty Secretary	Elliot, Vice Adm., Nfld	[See document on pages 238-240]. Mr. Carter, Judge of the Vice Admiralty Court of Newfoundland, has recommended Nicholas Gill Hay as Register of that Court; the Lords of the Admiralty have approved and issued the necessary warrant.
348-350	28 Aug 1788	Gov. Elliot	Aaron Graham	Richard Eccles, Agent or Factor for the Milford Company, merchants trading out of Milford Haven,  Pembrokeshire, have selected unoccupied land at Fermeuse Harbour to carry on a fishery. They ask Elliot to certify their possession. Elliot agrees, following an inspection by Capt. Pellew, HMS Winchelsea, and confirmation by three long-standing ihabitants of Fermeuse (Simon Walsh, Edmund Forrestall, and Robert Helley), subject to the usual conditions (it must be used for the fishery; anyone can take it if the fishing conveniences decay, are abandoned, or neglected.
350-351	1 Sept. 1788	Gov. Elliot	Commandants of the Royal Artillery, 4th Reg't, & the Chief Engineer.	[See documents on pages 336-337]. Elliot transmitted their letter to Lieut. Gov. Elford and has just received his report which he will send to them along with a copy of his letter to Elford.
351-352	1 Sept. 1788	Lieut. Gov. Elford	Gov. Elliot	Elford transmits an account of provisions issued to the troops, clerk, cooper and assistant from the 15th Sept. 1787 to the 12 Sept. 1788. He believes that officers of the respective military detachments at St. John's are each entitled to only one ratio.
352-353	3 Sept. 1788	Gov. Elliot	Lieut. Gov. Elford	James Power, late Cooper to the Garrison Provision Store, claims that after working there for upwards of 14 years, he was discharged by Lieut. Gov. Elford without being told why, or being given a day’s notice. Power requests pay for his 12 months wages, or “for a sufficient reason to be given for his being discharged in so abrupt a manner…” Elliot provides Elford with a copy of Power’s memorial, and asks that it be returned to him with Elford’s reason for discharging Power.
353-355	4 Sept. 1788	Lieut. Gov. Elford	Gov. Elliot	Elford responds, explaining that Power was discharged for failing to keep the Provision Stores clean or the packages in order, which was a requisite, and that his conduct in many other respects was not pleasing him. Elford adds that “I never hired him for any limited timed nor do I see how I could with propriety do it any longer than I approved of his conduct”.
355	6 Sept. 1788	Gov. Elliot	Capt. Thorne, 4th Reg't	In response to Thorne's letter of 6 Sept, Elliot gives his permission to allow Mr. McGuire surgeons mate of Captain Thorne’s detachment, to leave for Halifax as Brigadier General Ogilvie has requested; Mr. Ogden, Surgeon's Mate, will now serve the needs of the garrison here.
356-358	20 Aug 1788	Gov. Elliot	Governor of Bermuda	[Pp. 356-357 are filmed twice] Elliot informs the governor of Bermuda that several Bermudian vessels have been engaged in the Nfld fishery of Newfoundland, contrary to a 1775 Act of Parliament. Elliot will allow the vessels to remain until the end of the season, as he does not think that they intentionally defied the law, but he advises the governor of Bermuda to warn them as they will not be allowed back next season.
358-359	8 Sept. 1788	Gov. Elliot	Capt. Pellew, Winchelsea	Pellew sent Elliot the proceedings of a court held at Renewse on 25 Sept, and informed Elliot that there was "a great want for Magistrates for that district" with the result that there is a risk that the district will "continue in the same Riotous State as it appears to have been in for some time past." Elliot sends him a blank commission so that Pellew can appoint suitable people for the position.
359-360	8 Sept. 1788	Gov. Elliot	Bench of Justices (St. John’s)	Two of the crew of the banking brig Industry have made complaints against Mr. Matthews, the brig's master, for their treatment while on the Banks. Matthews claims that the complaints were from “a set of worthless fellows who refuse to do their duty" and requested an enquiry. Elliot instructs the Justices to summon Matthews and the entire crew before them at the court house and then report their proceedings to him.
360-361	13 Sept. 1788	Maj. Thomas Brady	Gov. Elliot	Lieut. Robert Wright of his company has requested 6 months leave to England; Maj. Brady asks for permission to grant the leave.
361-362	15 Sept. 1788	Gov. Elliot	Major Brady	Gov. Elliot gives Major Brady permission to grant the leave to Lieut. Robert Wright.
362	19 Sept. 1788	Gov. Elliot		Elliot appoints John Bland, Gerrard Ford, and William Brown JPs for the District of Bonavista; Bland is also appointed the Keeper of the Rolls.
362-364	25 Sept. 1788	Gov. Elliot	Capt, Pakenham, Merlin	A boat belonging to Mr. Taylor of Musqueto was lost in a gale. The boatmaster & crew have entered a protest, fearing that they won't be paid, although the loss of the boat was unavoidable and the preservation of the crew's lives was a "Miracle". Before he leaves Harbour Grace, Pakenham is ensure that the boat's owner pays their full wages and ensure that it is out of his power to charge them with the loss of the boat. Shouild Taylor "cavil with them" after his departure, Pakenham is to authorize the crew to stop the fish and oil until the expiration of their service contract and then pay themselves under the control of the Magistrates, to whom who he is to give instructions on the matter.
364-366	14 Sept. 1788	Capt Pakenham, Merlin	Gov. Elliot	Merlin at Trinity on 10 Sept.; agreeable to Elliot’s orders [pp. 340-341], he sent his lieutenant and a party the next morning to seize the sloop described in Routh’s letter. Mr. Stack, Merlin's gunner, will hand the sloop over to Routh, and rejoin Pakenham in Harbour Grace. He also informs Elliot that Mr. Langdon wishes to have the business investigated at St. John’s or Bonavista as it would be more difficult at Trinity.
366-368	19 Sept. 1788	Edward Pakenham	Gov. Elliot	Pakenham investigated the charges against Mr. Langdon and has exercised the authority given to him by the Governor “by ignominiously dismissing Mr. Langdon, from his office as a Magistrate." Langdon is a person of "infamous" character; he hasn't paid his servants and is himself insolvent. Pakenham used the blank commission to appoint people that he beleves are best qualified to fill the vacancy [p. 362].
368-369	25 Sept. 1788	Thomas Nepean	Gov. Elliot	The building in which Nepean lives is part of the buildings in Fort William ordered demolished. He now asks Elliot to grant him a Permission of Occupancy for his time as Chief Engineer of Newfoundland, as he wishes to “make some improvements which it would be imprudent for me to do in my present situation being subject to be turned out at the pleasure of any person that may Command this Garrison”.
369-370	29 Sept. 1788	Gov. Elliot	Thomas Nepean	Elliot grants Nepean his request together with permission to make improvements necessary to make it a comfortable winter dwelling provided that he does not do so at any expense to the government.
371	29 Sept. 1788	Gov. Elliot	Major Brady, Royal Artillery	Elliot requests an account of everyone (civil & military officers, non-commissioned officers, privates, artificers, labourers, women & children) victualled by Brady, and the number of rations allowed to each person, together with a copy of the authority by which this was done during the time he had charge of issuing the garrison provisions.
372	30 Sept. 1788	Gov. Elliot	Major Brady, Artillery, Capt. Thorne, 4th (or King’s Own) Reg't, Capt. Nepean, Royal Engineers	Elliot acknowledges receipt of their letter, enclosing one written by them to the Lieut. Gov. and a copy of Elford's answer on the subject of issuing provisions to the troops at the garrison in St. John’s.
372-374	30 Sept. 1788	Gov. Elliot		Henry Radford, merchant of St. John's, lacks sufficient depth of water at his wharf to discharge his banking vessel. He wishes to sink another wharf nearby. He also requests permission to build a flake close to his fishing room. Elliot grants him permission, based on the favourable reports of Captain Gower, HMS Salisbury, as well as Messrs. Rogers and Gaden, who are well acquainted with the fishery, subject to the usual conditions that it not be left to decay or neglect to make fish, in which case it may be taken by another person.
375	1 Oct. 1788	Gov. Elliot	Robert Carter	John Hickey has complained that in 1786, his servant David Grant deserted when he was indebted for supplies worth £5.16.8; his partner Cornelius Kelley also left while indebted to Hickey for £10. Carter received this last sum from Kelley but has only accounted for some of the money. Elliot directs Carter to pay the balance of the £10 and assist Hickey in recovering the amount owed to him from Grant.
375-377	30 Sept. 1788	Gov. Elliot		[Pages 376 and 377 appear twice] Messieurs Benjamin Lester & Co. have submitted a petition saying that they carry on a considerable fishery in Scilly Cove on the south side of Trinity Bay, and they want a room to cure their fish. They request possession of a vacant piece of land next to a room which already own and one owned by Benjamin Pinhorn. Elliot approves the request, based on a report Capt Pakenham, HM Sloop Merlin, subject to the usual conditions.
378-379	30 Sept. 1788	Gov. Elliot		William and Alex Saunders, boatkeepers of St. John’s, requested possession of a vacant spot on the south side of St. John’s as a room for them to make fish. Elliot grants them permission, following a favourable report by Captain Gower, HMS Salisbury, subject to the usual conditions.
380	5 Oct. 1788	Gov. Elliot	Captain Thorne, 4th (or King’s Own) Regiment	Gov. Elliot gives Captain Thorne permission to grant Lieutenant Barton of the detachment of the 4th or King’s Own Regiment leave to go to England by the first opportunity that offers.
380-381	3 Oct. 1788	Gov. Elliot	William Gaden	Elliot informs Gaden that he has passed on the matter of increasing the number of public houses in St. John’s, but has received no response. He will renew the request upon his return to London this year.
382-385	4 Oct. 1788	Edward Pakenham, Merlin (Harbour Grace)	Gov. Elliot	In 1787, Pakenham and Capt. Reynolds seized property to ensure that fishing servants’ wages were paid. The agents of Newman & Roope challenged this, but in their petition to Gov. Elliot, they “artfully confined their accusations to the Magistrates.” Pakenham insists that he and Reynolds are solely responsible for the action and proceeds to defend it on the basis of “the avow’d custom of usage of the country, the precedents on record of the modes adopted to enforce a compliance therewith, and the spirit of the Act of Parliament.”
386-387	7 Oct. 1788	Gov. Elliot	Capt Pakenham, Merlin	[Pages 386 & 387 appear twice] Ell;iot acknowledges Pakenham's 2 letters of 4 & 5 Oct; praises his judgement and impartiality in these matters. Elliot doesn't feel it's appropriate for the Magistrates to be paid for their service since Pakenham did all the work; they are therefore to refund the sum of £13.16.6.
388-389	n.d.	Robert Carter & Henry Sweetland, JPs and over a dozen named inhabitants	Gov. Elliot	The Magistrates and principal merchants, traders & inhabitants of the district of Ferryland claim that they have “experienced much inconvenience” in carrying on the fishery, due to the “riotous, and unlawful assembly of the people”. They request that the fines levied upon the rioters be put towards “the expense of building a Goal, and Courthouse for the offenders”. They'll raise a public subscription if that's not enough. They also request military protection as they fear “that much mischief may ensue during the approaching Winter”. [The "riotous" activity in Ferryland, described here by Robert Carter, may have provided the foundation for what the late George Story referred to as the "still current and vigorous legend of Peter Kerrivan and the Masterless Men." For more details, see the essay by Story on Peter Kerrivan in Vol IV of the Dictionary of Canadian Biography.]
390-391	8 Oct. 1788	Gov. Elliot	Capt Pellew, Winchelsea	Elliot sends him the memorial [see document above] from Ferryland and requests his assessment of the situation there. Is it appropriate to leave a frigate or sloop in that district during the winter and if so, where?
391-393	9 Oct. 1788	Edward Pellew, Winchelsea	Rear Adm Elliot	Pellew confirms that military protection is appropriate, and that the best form of protection would be a Sloop of war stationed at Ferryland; there's not enough depth to The Pool for a larger warship.
394-395	9 Oct. 1788	Gov. Elliot		Elliot summarizes Pellew's conclusions and says that he'll station a warship there unless things improve. He also inidcates that revenue raised from fines may be used to build a gaol & courthouse. He'll send the Chief Engineer to draw up plans; they should set up a committee "of Protestant Inhabitants" to organize construction
396-397	8 Oct. 1788	A. Graham for Gov. Elliot		Thomas Anquetil, master of a Jersey fishing ship, on behalf of his company, has cleared an unoccupied spot of ground at Aquafort for his employer's fishing operations. They also petitioned Capt. Pellew and produced a certificate from “three very ancient Inhabitants of the said District” who confirm that the ground has not been occupied for the fishery for as long as they can remember. Gov. Elliot therefore grants possession over the said spot, on the usual conditions.
398-399	n.d.	A.,Graham for Gov. Elliot		Francis Noel, master of the Jersey fishing ship Liberty & Co has cleared an unoccupied spot of ground at Aquafort for his employer's fishing operations. He also petitioned Capt. Pellew, who confirmed that it was unoccupied, and produced a certificate under the hands of Nicholas Audley, James Keates, & William Hunt,  “three very ancient Inhabitants of the said District” testifying that it was never occupied for the fishery for as long as they can remember. Gov. Elliot therefore grants possession over the said spot, on the usual conditions.
400	8 Oct. 1788	Gov. Elliot	Capt Thorne, 4th (or King’s Own) Reg't	Elliot cannot comply with Thorne's request to grant Lieut. Massey six months leave to go to Europe to settle his private matters because he already granted leave to Lieut Wright of the Royal Regiment of Artillery and Lieut Barton of the 4th (or King’s Own) Regiment of Foot.
400	9 Oct. 1788	Gov. Elliot		Order: in the future, Fort Amherst is to be considered an Artillery Post, and that the officer and troops on  duty there will be relieved by Lieut Peyster & 19 men of the Royal Regiment of Artillery until further notice.
401	11 Oct 1788	Gov. Elliot		Order: the Officer at Amherst Tower is be relieved by Lieut. Lemoine, not Lieut. De Peyster.
401-403	12 Oct 1788	Gov. Elliot	Robert Carter (Ferryland)	Carter is resigning as a Magistrate in the District of Ferryland; he is to submit his resignation to Capt Pellew. Carter is also to pay the fines and forfeitures in his hands, £15, to Mr. Sweetland, the treasurer, and directs him as well to send Elliot an account of all fees received by the Justices within the time specified in his letter, and he will make sure that Carter receives his proportion of it.
403	13 Oct 1788	Aaron Graham for the governor	Andrew Thomson	Gov. Elliot has reviewed the papers submitted by Thomson, and concludes that there is no reasonable ground for a new trial in the case of William Field against Andrew Thomson & Co.
404-405	13 Oct 1788	Gov. Elliot		William Cornan [Coman?], a boatkeeper at Fermeuse has petitioned to Captain Pellew for a piece of land in Kingmans Cove. Cornan has also produced “a certificate under the hands of seven very ancient Inhabitants of Fermuse” testifying that the spot was not used for the fishery in the last 40 years. Pellew has verified this. Elliot therefore grants the request, subject to the usual conditions
406-407	13 Oct 1788	Gov. Elliot		James Warne, Master and owner of the fishing Ship Dove of Bristol has erected fishing conveniences upon vacant ground in Trepassey Harbour. Elliot grants him possession following confirmation by Captain Harvey, HMS Rose, that the ground appeared to be unoccupied for the last 14 years, subject to the usual conditions.
408-409	14 Oct 1788	Gov. Elliot	William Carter	Carter had granted a warrant of attachment against the effects of William Martin, a Torbay boatkeeper, for debts owed to Torbay merchant John Noble, and Bartholomew Carey, who was employed by Martin as a fisherman. Carey was owed the sum of £10.15.6, but Martin refused to pay, alleging that “he has delivered the produce of his voyage to the said Mr. Noble who likewise refuses to account the said Carey for the same. Elliot orders that Casey be paid the £10.15.6 out of the effects of the said William Martin.
409	16 Oct 1788	Aaron Graham for the governor	William Henley	William Henley is granted permission to repair the house mentioned in Henley's letter of 14 Oct. Henley is to show the High Sheriff this letter for his information.
410-411	16 Oct 1788	Gov. Elliot		John Nicholas, a boatkeeper of Harbour Grace, has been interrupted in his attempts to erect fishing conveniences at the western end of Harbour Grace, to which Charles Garland claims a right. Captain Pakenham of the Merlin investigated the matter and concluded that the “spot of ground has been unoccupied for more than ten years”. Gov. Elliot secures Nicholas’ possession of the land, subject to the usual conditions.
412-413	4 Oct 1774	Edward Bragge for Gov. Molineux Shuldham		Robert Bulley, Merchant at St. John’s, petitioned Gov. Shuldham, stating that part of his land is within the precincts of the new garrison being built in St. John’s, and asks that Shuldham give him a piece of land lying eastward of the garrison in lieu thereof. Shuldham grants Bulley the land, which is to be “Fenced in and Improved; either for Houses Gardens or Pasture”. He may occupy the land for as long as it is fenced in and used for the purposes mentioned above. [See Letterbook/GN2-1-A-6, pp. 6-7]
414-416	20 Oct 1787	Robert Bulley		Robert Bulley sells all of his plantation in St. John’s situated near Fort William, to Aaron Graham for £200. The document includes everything that was included in the sale. Witnessed by Henry R. Harley and William Brownlee
416	20 & 22 Oct 1787	Robert Bulley		A receipt for £200 in payment for the property sold by Robert Bulley to Aaron Graham. This is followed by a endorsement in which Graham acknowledges that he has bought the plantation of Robert Bulley.
417-418	10 Sept 1788	Gov. Elliot		Dewes Coke, Richard Routh, William Gaden, George Williams, John Levingston, John Rogers, and Lees  are appointed Commissioners of Oyer and Terminer.
419	16 Oct 1788	Gov. Elliot	Nicholas Lechmere, Ordnance Storekeeper	Lechmere has been given leave by the Master General and Board of Ordnance to return to England. Elliot has no objection to this so long as Lechmere leaves a proper person to execute the duties of his office.
419-420	17 Oct 1788	Gov. Elliot	Joseph Peters  (Halifax)	Peters asked Gov. Elliot to recommend someone to be the Deputy Post Master. Elliot recommends Robert McAuslan of St. John’s.
420-422	17 Oct 1788	Gov. Elliot		Messieurs Dunsterville and Symons, boatkeepers at Cape Broyle, have erected fishing conveniences in Cape Broyle, and request secure possession of the property. Dunsterville and Symons support this with “a certificate under the hands of three very ancient Inhabitants of Cape Broyle” who testified that the spot was never occupied. Captain Pellew, Winchelsea, confirms that the location was never used for the fishery. Elliot certifies their possession, subject to the usual conditions.
423	18 Oct 1788	Gov. Elliot	Capt Reynolds, Echo	Elliot provides Reynolds with a blank Commission of the Peace and instructs him to fill it in with the names of Charles Garland, Robert Gray, Robert Holden, William Silly, and one other (the most eligible) person, upon his arrival at Harbour Grace. He should then send Elliot a copy of the said commission.
423	20 Oct 1788	Gov. Elliot	John Lee	Lee is to continue to supply Fort Amherst Command with fuel.
424-425	22 Oct 1788	A. Graham for Gov. Elliot		John Brothers of Fermeuse wants confirmaqtion of possession of fishing premises that he has established there. He produced “a certificate under the hands of three very ancient Inhabitants of Fermuse” who testified that the ground was not being used for the fishery. Captain Pellew, Winchelsea, certified the facts of the request, so Elliot grants possession of the spot to Brothers, subject to the usual conditions.
426-427	22 Oct 1788	A. Graham for Gov. Elliot		William Barry, agent for George & Thomas Kough of St. John’s, merchants, has presented a petition in their behalf for possession of ground in Cape Broyle Harbour to be developed into a fishing station. He has “produced a Certificate under the Hands of four very ancient Inhabitants of Cape Broyle testifying that the said spot of ground has never in their remembrance been occupied for the use of the fishery”. Pellew confirms this, and Elliot therefore grants possession of the property, subject to the usual conditions.
428-436	22 Oct 1788	A. Graham for Gov. Elliot		Gov. Elliot appoints Dewes Coke, George Williams, Archibald Buchanan, Richard Routh, Nicholas Lechmere & Johnathan Ogden as Justices of the Peace for the districts of St. John’s. The document carefully lays out their authority and responsibilities. Dewes Coke is also appointed Keeper of the Rolls for the said district.
437	23 Oct 1788	Gov. Elliot	Dewes Coke	Elliot sends Coke the new Commission of the Peace for the district of St. John’s. The old commission is to be returned to Elliot.
437-440	24 Oct 1788	Gov. Elliot	[Possibly Capt. and Surrogate Pellew?]	A reply to the recipient's letter of 22-23 Oct., praising his conduct during the recent riots in Ferryland "which you so happily suppressed".  He is to assure the local magistrates & principal inhabitants that Elliot is "not unmindful" of the assistance they provided. If he wishes to pardon anyone who voluntarily surrenders, it is up to him. Carter & Sweetland should not be paid for their service -- that's their public duty -- but perhaps a gratuity from the fines & forfeitures of the rioters can be offered.If Elliot departs for England before the location of the new court house is settled, then let the Committee know that this will be dealt with next year. Elliot declines to appoint a High Constable on the grounds that this is the responsibility of the magistrate. Elliot has admonised "Mr. O'Donell" [Father O'Donnell, RC priest in St. John's] "as you have father Power"; "they must plainly perceive that their diabolical proceedings will not be suffered to pass unnoticed or with impunity"; Elliot hopes that in future, both will "remain quiet".
440-442	24 Oct 1778	Gov. Elliot	5 committee members, Henry Sweetland (Treasurer)	Capt Pellew informed Elliot by letter of 22 Oct that they have formed a committee (names are listed at the end)to proceed with construction of the jail & court house in Ferryland Sweetland was named the treasurer. Gov. Elliot thanks the committee members for taking on the task.
441-442	25 Oct 1788	Gov. Elliot	Lieut. Gov. Elford	Since his letter to Elford of 24 Oct., Elliot has received a letter from Maj. Brady; Elliot cannot look into the matter because he will soon depart for England. He therefore leaves Brady’s issue in Elford’s hands.
Pages 443-444 are blank
445-451	21 Jun 1789	Yorke	Mark Milbanke	Mark Milbanke has been appointed the new Governor of Newfoundland and the Magdalen islands. His authority and duties are carefully explained in this document.
451-453	May 1789	By His Majesty’s command	Gov. Mark Milbanke	With reference to the Act of 1788, concerning trade between the British empire & the Uniyed States, this document empowers Milbanke, in case of necessity, to permit imports bread, flour, maize & livestock from the USA, but subject to specified conditions, and always alert to the prcvention of "all Contraband and Fraudulent Trade between the Inhabitants and Fishermen ... and [Americans]”
454-455				A blank license to be used for the import of bread, flour, and Indian Corn (maize), from the United States of America into Newfoundland.
455-456	7 Sept. 1789	A. Graham for Gov. Milbanke	Herbert Sawyer	By the powers vested in him, Milbanke appoints Sawyer a judge of the Cort of Judicature in Nfld. His authority and responsibilities are explained. "The like Commission", same date, appoints Jacob Waller and John Trigge judges of the Court of Judicature.
456	8 Sept. 1789	Gov. Milbanke		Gov. Milbanke certifies that Jacob Waller, Herbert Sawyer, and John Trigger have taken the proper oaths to qualify them for the office of Judge in Newfoundland.
457	7 Sept. 1789	Gov. Milbanke	Captains Waller, Rose, Trigge, Nautilus, Sawyer, Pegasus	Gov. Milbanke directs these three captains of his squadron to provide him as soon as possible with all the names of the magistrates of the several districts within the limits of their stations. He provides a blank form for them to complete in preparing this information (where they live, age, by whom appointed & when, general character & suitability as magistrate, whether additional magistrates are needed, likeliest suitable person for additional magistrates)
458	8 Sept. 1789	Gov. Milbanke	Lieut. Gov. Elford	The magistrates of St. John’s have informed the governor that a number of Irish convicts have arrived, been secured, and victualled. The people of St. John’s agree to help maintain the convicts until they can be sent out of the country. Elford had victualled the convicts from the King’s Store, so Milbanke requests an account of the quantity and value of the provisions so that government may be reimbursed by the inhabitants.
459	10 Sep 1789	Gov. Milbanke	Henry Sweetland, Ferryland	Milbanke is pleased to learn that Ferrryland has been quiet this winter, thanks in considerable measure to Capt. Pellew. Milbanke unfamiliar with the plans for the new jail (gaol) in Ferryland. Sweetland is to send him the accounts for money spent and to be spent on it.
460-461	10 Sep 1789	Gov. Milbanke	Magistrates of St. John’s	Gov. Milbanke acquaints the Magistrates that while he thinks that it was appropriate to confine the Irish convicts to prevent “many irregularities in the Fishery”, they have nothing to charge them with, and therefore must determine what is to be done with them, and how to cover the expenses. Milbanke requests that the magistrates “cause a meeting of the Merchants, Traders and Inhabitants of St. John’s and propose to them that the District of St. John’s be assessed for one half of the money required for the purpose and the rest of the Island for the other half.
461-462	12 Sep 1789	Gov. Milbanke		Milbanke appoints Aaron Graham  to be a judge in the Island of Newfoundland; his authority and responsibilities are explained; the "like Commissions" to Dewes Coke (14 Sept), Archibald Buchanan (15 Sept), and Johnathan Ogden (16 Sept). Milbanke then affirms that all three have sworn the necessary oaths for these appointments (18 Sept)
End of Volume 11