Richard Hartnoll et al.; 15 September, 1707
Deposition [made at Ferryland]
Great Britain, PRO, Colonial Office,
CO 194/4 (77ix), 316.
CNS microfilm. Transcribed by P.E. Pope.
Whereas Sir David Kirke, deceased, formerly Governor of this country [Newfoundland] and resided in this Harbour [Ferryland], had four sons, viz. George, Phillip, David and Jarvis [George Kirke, Phillip Kirke, David Kirke II, Jarvis Kirke]. The latter died long since. The other three were carried prisoner to Placentia in the year 1696 by the French, when they took the country. George, the eldest son of the said Sir David Kirke, returned to St. John's and died there the same year [i.e., before March 25, 1697]. The other two, viz. David and Phillip died at Placentia, the same year 1696 [i.e., before March 25, 1697]. The above-named George Kirke, the eldest son to Sir David Kirke, had five sons, viz. George, David, William, Nehemiah and Phillip [George Kirke II, William Kirke, Nehemiah Kirke, Phillip Kirke II]. The four eldest died without issue. The youngest, which is Phillip, is now living and residing in this harbour, being the undoubted heir to that family. And whereas David Kirke [II], the second son to Sir David Kirke, married his mother's [Lady Sara Kirke] sister's [Lady Frances Hopkins] servant [Mary Kirke=Mary Benger], against the consent and without a fortune, the which proved to be a great dissatisfaction to the whole family, Mary, the widow of the said David Kirke [II], deceased, is married to James Benger, who now possesses and detains all hereditary lands, fishing rooms etc., belonging to the said family.
We whose names are underwritten do believe and allow that those fishing room or rooms, which now goes by the name of the Pool Plantation and now in dispute, was the hereditary lands of Sir David Kirke, which plainly appears to us by affidavits made by several persons before Captain John Underdown at St. John's that it doth absolutely belong to the above said Phillip Kirke and that no other person or persons whatsoever hath any right or title thereto. As witness our hands, this 15th day of September, 1707, in Ferryland.
John Clifton of the KINGSALE
Henry Burdon, vice admiral
William Hodder, rear admiral