Goodwins Abstracts Letters From England 1673-1707
Introduction: The Goodwin Abstracts are a collection of letters and official documents from England, compiled by Thomas Goodwin, who served as Acting Governor of St Helena between 1707 and 1708. The collection contains edited laws, ordinances and constitutional records relating to the governance of St Helena.
Source: Images of the original records can be viewed on the British Library’s website: https://eap.bl.uk/archive-file/EAP1364-1-3-1.
Text Transcription This transcription was produced by AI from handwritten document images held on the British Library's website, at about thirty pages per hour. Given the limitations described below, the text should be regarded as unreliable and used only as a search-and-find shortcut: once a relevant section has been located, it must always be checked against the source image via the hyperlinked Film Numbers listed in the main transcription table below.
Three specific problems affected the work. First, AI tends to prioritise meaning and readability at the expense of fidelity to the original, with a strong disposition to normalise spellings, expand abbreviations, and adjust grammar. It is particularly weak with unfamiliar surnames, and scrawled signatures often resist accurate transcription entirely. Transcriptions by eye of documents spanning four centuries have also shown that a single surname could be written in a wide variety of ways: the Crowie family name appears under six different spellings, and the Isaacs family name under sixteen. Searches for surnames are therefore hindered both by genuine variations in the originals and by mistranscriptions introduced by AI, and for this reason are best run phonetically. Second, the AI struggled with the late secretary hand, the script commonly used from the sixteenth to the eighteenth centuries, in which the letter S appears in a form closely resembling a trailing L. Third, occasional passages in these volumes are written in a hand so obscure or poorly formed as to be difficult to read even by eye, sometimes compounded by heavy ink bleed-through from the reverse side or by the loss of sections of pages.
To mitigate these difficulties, a strict protocol was applied to each image, requiring the AI to rely solely on clearly visible ink strokes and to flag any uncertain reading, thereby reducing the risk of inferred or invented text. Two conventions are used. [...] marks text that could not be read with confidence; this may represent a single unreadable word, a full sentence, or occasionally an entire paragraph. Square brackets around letters or words indicate a conjectural reading supplied by the transcriber: brackets around a whole word, for example [Bazett], mean the entire word was unclear and a probable reading has been supplied, while brackets around individual letters within an otherwise readable word, for example B[a]z[e]tt, mean only those specific letters were unclear in the source and the unbracketed letters were legibly present.
Modern Summary and Analysis Each section of text was submitted for AI analysis in order to explain the archaic language in clear, modern UK English. These are not direct sentence by sentence replacements, but explanatory interpretations intended to clarify meaning while preserving the substance of the original. Where a specific individual is named within a section of the original text, that person will generally also be identified within the explanatory interpretation. However, where the original consists largely of lists of names, these are not usually repeated in the explanatory text.
Each text modern summary is followed by two forms of AI-generated analysis. The first, an Interpretations section, draws on wider information located on the internet to provide additional commentary on the material. The second, a Speculations section, offers one or more possible reflections on what the document might further suggest. The value of these notes ranges from the profound to the trivial or self-evident; time did not permit deletion of the latter.
Text Loss: The edges of many pages were tattered, resulting in some loss of text.
Referencing Text Locations: A dual numbering system has been adopted, combining the British Library film number with the manuscript’s original page number. These are presented in the format: British Library Film No. / Document Page No.
Pagination: The volume was paginated in the usual manner, with sequential numbers, usually positioned in the top left corner on both recto and verso pages. Pagination began at Film No. 13 (13/1) and continues without interruption to the end of the volume.
Dates: During the period covered by this volume, England and its colonies followed the Old-Style Julian calendar, under which the legal new year began on 25 March (Lady Day). When creating the modern interpretations of these texts, the AI has automatically adjusted the dates. For any date quoted in these early St Helena records falling in the period between January and 25 March, the year has been moved forward to the modern equivalent. Month names were frequently rendered using Roman calendar abbreviations such as 7ber, 8ber, 9ber and 10ber, in which September through to December were counted as the seventh to tenth months.
The earliest date recorded in this volume is 19 December 1673 and the latest is 1707. The image on film No. 37 clearly quotes the date of 1771, which must be wrong. This has been changed to 1701.
AI Generated Summary
The Nature and Origins of the Collection
The documents gathered in this collection represent a rare and carefully constructed administrative resource. They were assembled by Thomas Goodwin, who served as acting Governor of St Helena between approximately 1707 and 1708, and they form an abstract - a condensed working reference - drawn from the East India Company's accumulated laws, ordinances, and constitutional instruments relating to the island's governance. The stated purpose was practical: to make the Company's legal and administrative framework accessible to local officials who could not reasonably consult the full body of original instructions in the course of daily government. That such an abstract was thought necessary is itself significant. It implies that the Company's instructions had grown so extensive and complex over the decades of settlement that their application had become unwieldy, and that inconsistency or ignorance of the rules had become a real administrative problem. A note in the body of the laws records explicitly that claims of ignorance had occurred frequently in recent times, which was the reason the full text had been formally engrossed and displayed in the Sessions House in Chapel Valley near Fort James. [Film No. 11, 71]
The chronological span of the documents is wide. The earliest instrument cited is the Royal Charter of Charles II, dated 3 April 1664, issued at the time of the island's retaking from the Dutch. Other instruments date from 1673, 1678, 1679, 1680, 1682, 1683, 1685, 1687, 1698, 1701, 1702, 1703, 1705, and 1706, with the latest materials in the collection addressing conditions during the early years of Queen Anne's reign. The collection thus spans more than four decades of Company governance, capturing the evolution of administrative thinking from the earliest settlement rules through to increasingly sophisticated regulation. Goodwin's compilation should be read not as a neutral record but as a selection made by a specific individual at a specific moment of institutional pressure, shaping what laws were highlighted and how they were presented. The gaps and lacunae in the text, frequently represented as [...], reflect damage, illegibility, or deliberate omission, and their presence is a reminder that what survives is already a mediated version of an already mediated document. [Film No. 13, 71]
Constitutional Foundations and the Authority of the Company
The legal foundation of Company rule on St Helena rested on two Royal Charters granted by Charles II. The first, dated 3 April 1664, was issued upon the retaking of the island from the Dutch and granted the Company authority to make laws, appoint officers, administer justice, and impose penalties including capital punishment, provided that such laws were not repugnant to the laws of England. The second Charter, dated 9 August 1685, extended and confirmed these powers, including explicit provision for the exercise of martial law against both foreign invasion and domestic insurrection. A further instrument of significance was the tripartite indenture of Queen Anne, which was cited in the body of laws engrossed and displayed for the island's inhabitants. The compilation also refers to letters patent of December 1673 and the authority of the Company's General Courts and Courts of Committees as sources of legislative power. The constitutional architecture was thus layered: Crown authority underpinned Company sovereignty, which in turn delegated to appointed governors and councils. At each level, the claim was that power derived ultimately from the King and that all acts were to conform, as nearly as possible, to English law. [Film No. 13, 14, 24, 46, 71]
In practice, the relationship between Company authority and English common law was more complicated than these instruments suggested. A letter of August 1683 stated explicitly that English statutes and common law did not extend beyond England, Wales, and Berwick upon Tweed, and that governance on St Helena was to be determined by Company authority under royal grant rather than by English domestic law. A later letter, of November 1702, restated this position in similar terms, advising the Governor and Council not to concern themselves with intricate points of English common law but instead to determine cases in a summary manner based on reason, equity, and good conscience. The practical implication was considerable: it meant that the protections available to an English subject in an English court did not automatically apply to inhabitants of St Helena, despite the Charter's declaration that all persons born on the island were to be considered free denizens and natural subjects of England. The Company's legislative authority was, as one letter put it, sovereign in both its legislative and executive dimensions, comparable to how other European colonial powers governed their distant possessions. This claim of quasi-sovereignty, exercised in the name of but not ultimately constrained by English domestic law, is perhaps the most important constitutional fact about Company rule on St Helena, and it shaped every other aspect of governance recorded in this collection. [Film No. 49, 50, 59, 125]
Tensions between local discretion and metropolitan control were a persistent feature of the constitutional arrangement. The Company's Court of Committees and later its Court of Managers issued instructions that were to be treated as standing orders until superseded, but governors were also expected to exercise judgement in novel circumstances and to report disagreements to London for resolution. A letter of August 1683 noted that, given the island's tiny population of fewer than five hundred people, the elaborate system of laws modelled on Bombay - which had a population estimated at twenty thousand - was more burdensome than useful, and that simpler methods already in use should continue, except in capital cases. This candid acknowledgement that a legal framework designed for a very different environment had been inappropriately transplanted is a rare moment of institutional self-awareness in the record. It also illustrates the limits of what metropolitan direction could achieve: rules written in London for a distant settlement with specific conditions often required local modification to function at all. [Film No. 39]
Governance and Administration
The first commission issued for the government of St Helena after its retaking from the Dutch was recorded in the collection and dated from a Court of Committee held on 19 December 1673. It appointed Captain Thomas Field as Governor and Captain Anthony Beale as his Deputy, with the lieutenants of the two companies of foot and two named individuals serving as councillors in order of precedence. The commission established careful succession arrangements: if Field died or was removed, Beale was to succeed; if both were absent or dead, any three members of the Council were to act as commissioners for executing the office of government. This attention to succession reflected the genuine risks of a remote colonial post where illness, accident, or conflict could eliminate the principal governing figures without warning. [Film No. 15]
The Council's procedures were codified with increasing precision over the decades covered by the collection. All affairs were to be managed by the majority of the Council, with disagreements resolved by lot where votes were equal. Consultations were to be held weekly, and all decisions were to be recorded, signed, and sent home by duplicate conveyance. Where any council member dissented, their reasons were to be entered in the consultation record and transmitted to London. No part of the Company's business was to be managed by a single person alone, except in matters of military command during emergencies. Every member was to report monthly on affairs under their charge. These procedural requirements served a double purpose: they provided London with a detailed record of how its instructions were being followed, and they created a mechanism for checking the potential abuse of power by any single individual, including the Governor. The Governor, it was specified, was to have only one vote in council, with equal votes resolved by lot and reasons for disagreement sent to the Company for judgement. [Film No. 55, 96, 97, 127, 128]
The Clerk of the Council played an essential role in this administrative system. All consultations were to be clearly recorded, signed by the council, and transmitted in duplicate. Extracts of all standing orders were to be compiled into a single book kept on the council table and made available for inspection by council members and, in relevant respects, by the general public of the island. This requirement that orders be publicly accessible was significant: it both legitimised governance by demonstrating that rules were known and consistently applied, and it prevented officials from claiming ignorance of instructions as a defence. The emphasis on written records as the foundation of administrative legitimacy was a distinctive feature of Company governance, reflecting practices developed in its vast commercial operations and applied here to a distant colonial settlement. [Film No. 49, 92]
The management of the Governor's authority was a persistent concern. Letters from London repeatedly emphasised that the Governor was to act in conjunction with the Council and not independently in ordinary civil matters, while also making clear that in military situations the Governor might act alone and sign orders without requiring council endorsement. Governors were explicitly warned not to keep an open house or entertain visitors at Company expense, not to favour private interest, and not to issue bills of exchange except at their proper intrinsic value. The Company expressed dissatisfaction on multiple occasions with governors who had allowed debts to accumulate, who had permitted abuses in trade, or who had failed to maintain proper decorum and discipline among those coming ashore. A repeated refrain in Company letters was that the authority vested in the Governor and Council would be of little worth if they could not enforce basic order and levy fines on disorderly persons. The implication was that the effectiveness of Company rule depended not only on formal structures but on the personal character and conduct of its officers. [Film No. 57, 90, 96, 128]
Defence, Military Organisation, and External Threats
The defence of St Helena was a central preoccupation from the earliest instruments in the collection to its latest entries. The 1673 commission and subsequent instructions required the Governor to strengthen forts, construct fences, build habitations in defensive positions, disperse ammunition and stores across multiple locations to reduce the risk of catastrophic loss, and establish a magazine at the centre of the island where supplies could be protected and distributed efficiently. Planters were required to train in arms, to be assigned specific posts, and to repair to those posts immediately upon any alarm, including the approach of any ship. These obligations were explicitly described as conditions of land tenure: the right to hold land on the island carried with it the duty to participate in its defence. [Film No. 16, 17, 18, 19]
The threat of foreign attack was not abstract. The collection records concern about French men-of-war, about Dutch ships, about the island's exposure to coastal landing, and about the strategic importance of particular positions such as Munden Point and Rupert's Bay, where the defensive coverage of available guns was a matter of ongoing investigation. A letter of February 1702 directed the Governor to seek advice from all ship commanders, whether of Royal Navy vessels or merchant ships, on how to strengthen fortifications, to employ their men in completing necessary works, and to pay gratuities for such labour. It was proposed that rocks along beaches be rolled into the sea to impede boat landings, with only a limited space left open for the Company's own boats, defended by a battery. The practical challenges of fortification in a remote island setting are evident throughout: materials had to be imported or improvised locally, skilled labour was scarce, and the costs of construction competed with other claims on Company resources. [Film No. 54, 103, 104, 127]
The management of gunfire was a revealing index of both the strategic and financial pressures on the island's administration. Excessive use of gunpowder in salutes had been a source of particular complaint. A letter noted that more than three hundred guns had been fired in one period, which was described as an extraordinary and unacceptable waste. Standing rules were subsequently established: no more than three guns were to be fired in salute to any Company ship upon arrival, none upon landing or departure of any person, no more than seven to foreign ships, and no guns whatsoever for interlopers. An annual account of all powder expended, specifying the occasions and ships for which it had been used, was required. These regulations reveal the double anxiety of a governing authority that wished to maintain military ceremony as a mark of institutional authority while also managing resources with extreme care in a settlement that was running at a financial deficit. [Film No. 40, 66, 104, 131]
Planters and free inhabitants had specific military obligations that were enforced with escalating penalties. In peacetime, planters holding twenty acres were required to keep watch every sixth night, providing two men per watch. A fee of forty shillings per twenty acres per year could be paid instead of performing this duty personally, but all free planters and able-bodied persons remained liable to appear at their quarters when an alarm was given. For a double alarm - a heightened signal of immediate danger - failure to appear was a matter for immediate fine without mitigation, and all inhabitants were to be clearly informed of the posts to which they were assigned in advance. A later instruction confirmed that in time of war, planters were to be regarded in part as soldiers. This hybrid status - civilian landholders with enforceable military obligations - was characteristic of the Company's approach to colonial defence, which sought to maximise the defensive capacity of a small population without maintaining a garrison large enough to bear the full burden. [Film No. 77, 78, 90, 131]
Land, Settlement, and Tenure
The regulation of land holding was one of the most elaborately developed bodies of law in the collection, and its evolution across four decades reveals both changing administrative priorities and persistent practical difficulties. The earliest instruments offered relatively generous terms: planters were to receive two hundred acres of land under the Company's common seal, conditional on performing required services, with the right to sell or transfer their land after four years of residence and improvement. A subsequent instruction extended this restriction to seven years. The requirement that no person could sell or transfer land without first obtaining a licence from the Governor, and that all transactions had to be registered within one month on pain of forfeiture, was established early and repeated throughout the collection. [Film No. 17, 19, 22, 41]
The formal instrument confirming land tenure was the deed of conveyance issued under the Company's common seal, which carried with it conditions including continued residence, required services, and the Company's reserved right to reclaim the land if necessary. Land was explicitly not held in fee simple - the fullest form of English private ownership - but subject to ongoing Company oversight. The practical implications were significant. After seven years of actual possession and occupation, a landholder was free to sell or dispose of their land, but without a clear deed the title was uncertain, and disputes over prescription - how long a person had to occupy land before establishing a right to it - were described in 1702 as a source of ongoing difficulty, since there was no single rule that applied universally and the customary practice of the island was not fully settled. [Film No. 22, 58, 77]
Inheritance of land followed rules specifically adapted to the island's conditions. If a planter died unmarried, land passed to the nearest heir or by will. If married, the wife received half the land for her natural life, with the other half passing by will or to legal heirs. Movable property without a will was divided differently: one third to the wife, the remaining two thirds equally among children living on the island. If no children survived, half went to the wife and half to siblings on the island; if no siblings, the whole to the wife; if no wife or children, to the next of kin on the island; and if no such kin were present, the estate was to be inventoried and preserved for administration in England. The repeated qualification that inheritance applied to relatives residing on the island was deliberate policy: it was intended to ensure that landholding remained connected to physical presence and active contribution to the settlement, rather than passing to absentees in England who would leave plantations uncultivated. [Film No. 23, 77, 119]
The problem of desertion and neglect of plantations was a recurring theme from the earliest instruments. A letter of March 1679 noted that previous settlement policies had failed, with individuals deserting or refusing to perform required services, leaving their habitations waste and uncultivated, to the significant prejudice and damage of the island. The remedy was firmer enforcement: deserted land was to be treated as forfeited and reallocated; heirs not residing on the island were required to return within two years of a planter's death or lose their claim; and all persons who came to inhabit the island or hold lands were to be brought into proper order and obedience. The requirement that heirs not only return but actively maintain their land - cultivating at least twenty acres each year - reflects the same underlying concern: that land ownership was not merely a property right but a service obligation, and that absenteeism was an administrative problem with serious consequences for the island's economic viability and defensive capacity. [Film No. 21, 22, 23, 120]
Registration of land was central to the entire system of tenure. All grants, alienations, conveyances, and mortgages were to be entered in a register kept at the fort, signed by both parties and attested by the Governor and Council. Without such registration, no transaction was to be considered binding. A fee of two shillings and sixpence was to be paid to the register for each transaction, and a further payment of twelve pence per acre to the Company as lords proprietors. The Company also required that all inhabitants submit an account of the freeholds they claimed, to be entered in a designated book, with a period of six months allowed for objections, after which unchallenged claims would be accepted as conclusive evidence of ownership. This system of compulsory declaration and registration was a practical response to the evidential problems of establishing title in a small, developing settlement where original grants were sometimes lost and informal arrangements had created overlapping claims. [Film No. 41, 58, 82, 129]
Trade, Commerce, and Maritime Regulation
St Helena's importance to the East India Company derived almost entirely from its position as a provisioning station on the route between England and the East Indies. Every significant maritime decision about the island was shaped by this function. Ships passing in both directions depended on it for fresh water, provisions, and intelligence. The Company's regulatory framework for the island's commerce was correspondingly elaborate, covering the duties to be levied on visiting vessels, the procedures for establishing a fresh market upon a ship's arrival, the prohibition on inhabitants trading with arriving vessels without the Governor's prior consent, and the management of provisions stocks to ensure supply without exhausting local resources. [Film No. 19, 37, 115]
The system of duties levied on visiting ships was set out in detail in the collection. Foreign ships - Dutch, French, Portuguese, and Danish - were to pay only anchorage, fixed at five shillings per vessel regardless of size. English ships, whether bound for India or returning home, paid anchorage plus tonnage. Ships trading within the Company's charter limits without special licence paid additional charges. Madagascar ships, in addition to tonnage and anchorage, were required to deliver one able slave, male or female, at the Governor's discretion. Company ships in the Company's service were to deliver one barrel of serviceable gunpowder. These duties were to be collected before any ship was permitted to trade or receive refreshment on the island. The duty on Madagascar slave ships is particularly revealing of the island's participation in the broader networks of the Indian Ocean slave trade: the delivery of enslaved people as a port charge converted what might otherwise have been a commercial transaction into a compulsory contribution to the island's labour supply. [Film No. 37, 42, 124]
The question of interlopers - English ships trading in the East Indies without Company licence, in violation of the royal monopoly - generated some of the most detailed regulatory provisions in the collection. The Company's instructions on this matter were unambiguous and repeated: no inhabitant was to trade with, supply, or otherwise assist any ship arriving at the island unless the Governor had first granted permission. Any servant of the Company who violated this rule was to forfeit twenty pounds for each offence; any other inhabitant, ten pounds sterling. The Governor was not to grant liberty of trade or refreshment to any English ship not in the Company's service, except in specific circumstances: if the ship had surrendered voluntarily, or if it had been trading only to Madagascar for slaves. The severity of these provisions reflected the genuine economic threat that private traders posed to the Company's exclusive rights, and the strategic importance of St Helena as a chokepoint through which such ships had to pass. The note that the island's minister, Mr Church, had boarded an interloping vessel named Pitts and entertained its commander at his house suggests that enforcement was imperfect and that social relations between island residents and the crews of visiting ships could undercut official policy. [Film No. 34, 35, 36, 40]
The management of provisions and the pricing of supplies to visiting ships were subjects of continuing tension. Company letters repeatedly addressed the problem of ships demanding provisions under charter party agreements at prices the island could not sustain, commanders who attempted to exploit their position to obtain supplies cheaply or without payment, and the risk of depleting the island's cattle stocks. Instructions specified that beef was not to be sold to ships except for the relief of sick men, and that any provisions supplied were to be charged at market price. Bills of exchange were the preferred mechanism for settling these accounts, with three copies of each bill taken, two sent by separate conveyances, and the third by a subsequent opportunity. If captains or pursers refused to provide bills, signed accounts in triplicate were to be obtained. The detailed financial procedures required for maritime transactions reflect the Company's experience of disputes arising from inadequate documentation and the practical difficulties of enforcing payment from ship commanders who might be many months away from London before any recovery could be initiated. [Film No. 59, 61, 93, 128, 130]
Finance, Accounting, and Supply
The financial administration of St Helena was a source of persistent anxiety in the Company's letters. The island was described on one occasion as having cost seventy thousand pounds without producing any profit beyond its value as a provisioning station. Letters repeatedly complained about inadequate or improperly maintained accounts, unexplained discrepancies between reported expenditure figures, and bills of exchange that arrived without sufficient explanatory documentation. The requirement that all sums be written in full words as well as figures, that all accounts be signed in council, that books be balanced on 25 March each year and sent home by the next shipping, and that every bill of exchange specify clearly the account upon which it was drawn, were all responses to specific failures that had apparently occurred. The Company's frustration with the quality of the accounts it received from St Helena is palpable across multiple letters and reflects the practical difficulty of exercising financial oversight over a distant colonial administration. [Film No. 64, 65, 130, 131]
Four distinct accounts were to be maintained in the general ledger: garrison, fort, plantation, and cattle. The storekeeper was to charge himself with all goods and money received and to credit the Company for all commodities received from ships. The account of fort expenses was to be charged for all goods issued for use in the fort. Monthly examinations of accounts were to be conducted in consultation, covering in particular the storekeeper's account of goods received and issued, and the gunner's account of military stores. If there was reason to suspect fraudulent dealings, independent persons were to be appointed to inspect the stocks held in each officer's custody. This emphasis on cross-checking and independent inspection reflects awareness that individual officers managing valuable stores without adequate oversight were vulnerable to both honest error and deliberate theft. [Film No. 49, 50, 70, 92]
The monetary system on the island involved both sterling and dollars, the latter valued at five shillings each in local transactions as a matter of standing policy, though the Company noted that dollars were not accepted at that rate when remitted to England by bills of exchange but only at their intrinsic value. This discrepancy between local currency valuation and sterling exchange rates was a source of practical difficulty in settling accounts and was addressed specifically in the instructions on bills of exchange. The island also received goods from Company ships and from the Company's India trade, which were to be sold at specified profit margins - forty per cent on goods from England, with prices for Indian goods set by the Governor and Council. No greater price was to be given for any commodity than could allow it to be sold to inhabitants at a moderate profit, in order to avoid taking advantage of their necessities. This directive was both a commercial instruction and an expression of the paternalistic responsibility that the Company claimed toward the island's population. [Film No. 57, 93, 125]
The annual cost of running the island was a matter of ongoing concern. Detailed accounts were required of salaries, garrison wages, building and repair costs, provisions, slave maintenance, cattle, stores, and ammunition. Instructions specifically directed that wine and brandy were not to be purchased at excessive prices, and questioned why such goods were being obtained at rates that inflated the island's annual expenditure. The option given to the surgeon and gunner to leave their posts if unwilling to serve under stricter conditions, and the suggestion that they might depart with Company ships or become planters, indicates that the Company was prepared to impose austerity measures even at the cost of losing essential personnel. The emphasis throughout the collection on economy, on the careful management of small resources, and on accountability for every expenditure reflects the financial pressure of maintaining a garrison settlement at a location that, however strategically vital, generated no direct commercial return. [Film No. 63, 103]
Religion, Education, and Social Order
Religious observance was treated in the Company's instructions not merely as a matter of personal conscience but as a fundamental component of public order and political loyalty. The very first substantive direction in each set of instructions addressed the strict observance of the Lord's Day: all bodily and servile employments were to be avoided, gaming and unlawful pastimes were prohibited, and all persons were required to attend public religious duties, including prayers, sermons, and, at appropriate occasions, the administration of the sacraments of baptism and the Lord's Supper. The Governor and Council were to attend in person, not only to demonstrate their own commitment but to encourage the minister and to set an example to the population. In the absence of a minister, the Governor and Council were to appoint a person to read scripture and godly sermons, and prayers were to be offered for the sovereign and for the welfare of the East India Company. [Film No. 17, 18, 25, 26, 71, 72]
The catechising of youth was a specific requirement that reveals the Company's concern with long-term social reproduction on the island. Once each week, either on the Lord's Day or another appointed day, the minister was to instruct younger persons in the doctrines of the Christian religion in a public setting. The Apostles' Creed or the Athanasian Creed, the Ten Commandments, and their summary from the Gospel of Matthew were to be read to the assembled people in public worship. The detailed specification of particular texts reflects the influence of established Church of England practice and the Company's desire to ensure doctrinal conformity in a remote settlement where educational provision was limited and clerical presence was intermittent. The minister was also responsible for maintaining registers of all marriages, christenings, and burials on the island. [Film No. 26, 20]
The penalties for moral offences were codified with increasing precision across the collection. Profaning the Lord's Day by travelling, working, or gaming was to result in reproof for a first offence and a fine not exceeding five shillings for each subsequent offence. Profane swearing, after one admonition, carried a fine not exceeding one shilling per offence. Drunkenness, after admonition, was fined up to five shillings, with persons of higher rank subject to greater penalties in recognition of their influence as examples. Fornication, uncleanness, and adultery were to be punished in ways most effective given the character of the population, provided that such measures were not contrary to the laws and constitutions of England. The sliding scale of penalties according to social rank is a notable feature: the greater the position, the higher the fine, reflecting the argument that those of superior status bore proportionally greater responsibility for the moral example they set. [Film No. 29, 72, 121]
The licensing of liquor retail was a persistent regulatory concern. No person was to sell arrack, punch, beer, wine, or other strong liquors, or tobacco, without a licence granted by the Governor under his hand and seal, renewable annually, with a fee of ten shillings per annum payable to the Company. Four pounds per annum was charged for full retail licences. The problem of soldiers incurring debts at punch houses was specifically addressed: such debts were being recorded at the storehouse and then used to withhold essential clothing and provisions from soldiers when they needed them, which was driving some to desertion. The practical consequence of the licensing system was therefore not simply a matter of moral regulation but of military manpower management - soldiers who fell into debt through drink became both a disciplinary problem and a supply liability. [Film No. 37, 43, 66, 131]
The regulation of sword-wearing is a small but revealing detail that appears across multiple instruments. No person who was not an officer or soldier was to wear a sword, on pain of escalating fines. Officers were always to carry their swords; soldiers were permitted to wear them when off duty but not in drinking establishments. Any person who drew a sword on the island was to be fined twenty shillings. The rationale given was that such restrictions were consistent with the practice of frontier garrisons in all nations. Behind this formal justification lay a practical concern about violence in a small, armed community where alcohol, proximity, and the pressures of isolated garrison life created frequent occasions for conflict. The sword regulations were part of a broader effort to manage the potential for disorder in a settlement that lacked the social safety valves of a larger community and could not easily replace the personnel it lost to violence or desertion. [Film No. 51, 75, 76, 130]
The Justice System
The judicial framework described in the collection was explicitly modelled on English practice, adapted to the specific conditions of a small colonial settlement. At its core was the Court of Judicature, established at the principal place of the island, with the Governor or his Deputy as sole judge. The court was to sit every three months, or more frequently as required. All trials were to be conducted by juries of twelve men returned by the Sheriff, with jurors taking a formal oath to try matters according to the evidence, their conscience, and the established laws. Proceedings were to be recorded in books kept for the purpose, with moderate and publicly displayed fees for officers so as not to burden the people. Cases involving life, limb, or land were in all circumstances to proceed by jury. [Film No. 27, 28, 29, 120, 121]
A key provision that recurs throughout the instruments is the requirement for proper legal process before any corporal punishment, imprisonment, or deprivation of property could be imposed. No person was to suffer corporal punishment without a trial and verdict by a jury of twelve, except in specifically defined circumstances. No person was to be imprisoned without the cause of imprisonment clearly expressed in the warrant for commitment. If a case was not prosecuted within the first two court days after commitment was certified to the court, the imprisoned person was entitled to seek discharge. These protections, directly transplanted from English common law principles, served as a check on executive authority and were a concession to the population's claim to be natural subjects of England. Whether they were consistently observed in practice is another matter: the collection records the formal provisions but not the detailed proceedings of individual cases, making it impossible to evaluate how far the principles were applied with the rigour they required. [Film No. 27, 120]
The role of the Sheriff was central to the judicial system. The Sheriff was to be appointed from among honest and competent persons by the Governor and Council, sworn to allegiance and to the preservation of the Company's rights, and responsible for summoning juries, apprehending criminals, executing orders, writs, and summonses, and carrying out sentences. The Sheriff was also responsible, when directed by the Governor, for mustering and training persons for defence and for suppressing tumults and insurrections. This combination of judicial and military functions in a single office reflected the practical constraints of a small administration: there were not enough capable people to staff separate judicial and military enforcement agencies, and so responsibilities were consolidated. All civil and military officers, and indeed all persons, were to assist the Sheriff in the execution of his duties. [Film No. 27, 28, 120]
The penalties prescribed for various offences reveal a careful hierarchy of seriousness and a consistent concern with both restitution to the injured party and revenue to the Company. Theft by breaking open a dwelling, room, cupboard, or locked trunk required return of the stolen goods, payment of three times their value, forfeiture of the remainder of the offender's estate to the Company, public display, and whipping from the pillory to the prison. Petty theft required return and triple value, or compelled labour for the injured party if the offender could not pay. False testimony required punishment equivalent to the damage caused and permanent disqualification from giving evidence. Cheating required full restitution, an equal fine to the Company, and three days in the pillory. Striking an officer in the execution of his duty carried a fine up to five pounds, or public whipping or imprisonment, plus treble damages to the officer. Only wilful murder, together with acts of mutiny or treason, carried the death penalty. This graduated system, oriented toward financial restitution and public humiliation rather than execution, was notably less draconian than the criminal law operating in England, where a very wide range of property offences could technically attract capital punishment. The explicit decision to limit execution to murder and treason, and to use enforced labour and corporal punishment as alternatives, suggests a considered position on deterrence and the economic value of maintaining a useful population in a settlement that could not easily be resupplied with personnel. [Film No. 30, 31, 63, 73, 74, 121, 129]
The administration of justice was not, by the Company's own admission, always consistent with these formal provisions. A letter noted that the system of laws sent earlier, modelled on Bombay, had been judged too burdensome for a population of fewer than five hundred and that simpler methods were to continue. Later letters directed that offenders guilty of serious crimes were to receive corporal punishment and be set to hard labour rather than transported or banished, because transport had proved ineffective in ensuring that punishments were actually suffered. Banishment itself was described as sometimes a sham, with individuals being sent to places from which they could effectively escape justice. These admissions of practical failure are important: they reveal a gap between the ideal of a legally ordered colonial society and the reality of administering justice in a remote settlement with limited personnel, no adequate prison establishment, and no guaranteed means of compelling attendance at proceedings. [Film No. 24, 39, 60, 63, 126]
Slavery and the Regulation of Enslaved People
Enslaved people were integral to the economy and labour system of St Helena throughout the period covered by this collection, and a substantial body of law was developed specifically to regulate their conduct and the relationship between slave owners, the Company, and the island's administration. The collection includes a detailed set of laws for the management of enslaved people that were formally engrossed and displayed alongside the civil and criminal laws applying to the free population. These provisions form one of the most historically revealing sections of the entire collection, and they require careful critical assessment. [Film No. 83, 84, 85, 86, 87, 88]
The decision to permit free planters to own slaves was initially restricted, on the stated ground that an excessive number of enslaved people relative to the white population might become dangerous. A later instrument rescinded this restriction, with reference to the example of Barbados, where slaves were numerous yet maintained under control. The comparison to Barbados is significant: it shows that the Company was aware of different models of slave-based colonial economy and was consciously adapting its policy in response to what had been learned elsewhere. The fee imposed for slave ownership - ten shillings per slave per year, rising proportionately - was justified explicitly on the ground that as the number of slaves increased, the garrison would need to be proportionately enlarged to ensure security. The financial logic was thus circular: slave owners paid to fund the increased policing that their ownership made necessary. Every free planter wishing to keep up to four slaves was also required to maintain one Englishman in their service specifically to attend to arms and military matters. [Film No. 41, 42, 78]
The laws regulating enslaved people's conduct were severe and built upon a logic of graduated escalation. Enslaved people were prohibited from leaving their masters' plantations on Sundays without written permission, with punishments of ten, fifteen, and twenty lashes for successive offences. Theft of goods worth eighteen pence or more was to be punished with between twenty and one hundred lashes depending on value, with masters required to make restitution to the injured party. Runaway slaves were subject to the same scale of punishment as thieves. Breaking into houses carried immediate physical punishment of one hundred lashes followed by further sessions in subsequent days, with the penalty escalating for repeat offenders to branding, then branding and the wearing of a thirty-pound chain and clog, and finally death at the Governor's discretion for a fourth offence. [Film No. 83, 84, 85]
The provisions dealing with enslaved people who struck or resisted white persons were the most extreme in the collection. A male slave who attempted to strike any white person, even if no weapon was used and no blow landed, was to be castrated. If the slave died from this punishment, the island's public funds were to compensate the master for the loss of his property, unless the death was caused by the master's own neglect. A slave who resisted lawful correction was to receive double punishment and to be branded. One who struck a white person with a weapon was to suffer death. The exception carved out for white persons who had "debased themselves" by treating enslaved people as social equals - engaging them in conversation, correspondence, or gaming - is a remarkable provision: it explicitly withheld the protection of the law from white people who had violated the racial hierarchy, treating such persons "in the same manner as the slaves." This clause makes visible the ideological framework underpinning the entire slave law: racial hierarchy was not merely enforced by the law, it was constituted by it, and those who transgressed it placed themselves outside its protection. [Film No. 85, 86]
The laws governing enslaved people also regulated their economic activities and medical practices. Enslaved people were prohibited from bartering or exchanging goods with one another without their owners' knowledge and consent, on pain of twenty lashes. White persons who traded with enslaved people without the owners' consent were to be treated as accessories to felony and subject to fourfold restitution. No enslaved person was to prescribe or administer medicine to other enslaved people without the master's consent, and no enslaved person was to take medicine on the advice of a "Black doctor" without informing their master. The prohibition on independent medical practice among enslaved people, treated as a potential source of uncontrolled influence, reflects a broader anxiety about any form of autonomous organisation or authority within the enslaved community. The description of an enslaved medical practitioner as a "Black doctor" who "pretended" to medical knowledge frames such activity as fraudulent rather than legitimate, delegitimising any expertise outside the framework of white authority. [Film No. 87, 88]
The financial dimensions of enslaved people's legal status were also carefully regulated. The law providing for compensation to slave owners when an enslaved person was executed for a heinous offence was described as a good measure and confirmed as a standing law. Madagascar ships were required to deliver an enslaved person as part of their port duties. An annual head tax of ten shillings per enslaved person was to be levied on planters to support the garrison. A yearly account was to be submitted detailing all enslaved people by name, age, and employment. These financial and administrative provisions treated enslaved people as simultaneously valuable economic assets to be protected and accounted for, and as a source of fiscal revenue and military obligation for the broader colonial administration. The coexistence of extreme physical violence in the slave laws with careful financial provisions for the protection of masters' property interests is characteristic of the internal logic of slave-based colonial economies as they had developed by the early eighteenth century. [Film No. 83, 116, 124, 125]
The Island's Economy and Self-Sufficiency
The aspiration towards economic self-sufficiency was a thread running through the Company's instructions from the earliest period. The Company's plantation and its produce were placed under the Governor's direction, to be applied towards public safety and the maintenance of the island's administration. Planters were encouraged to cultivate their lands productively and were penalised for allowing them to fall waste. The cultivation of specific crops - yams, grain, Indian corn - was encouraged, as was the development of the fishery, the management of donkeys for transport, the improvement of cattle herds, and even the planting of grape vines in the hope of producing wine. The attempt to diversify the island's agricultural production reflected awareness of the risks of dependence on imported supplies that might be disrupted by war or unfavourable shipping conditions. [Film No. 20, 95, 96, 103, 105]
Timber was among the most carefully managed resources on the island. No person was to cut any timber tree on the Company's waste lands, or any tree on their own land suitable for timber, without paying a penalty of twenty shillings per offence. Landholders were compelled to follow rules for planting and maintaining wood, and if they refused, the Governor and Council were to establish the rules independently. Those permitted to distil arrack were to pay for the Company's wood used in the process, at twelve pence per hundredweight. The island's wood supply was recognised as finite and susceptible to depletion, particularly from the distillation of arrack, which was consuming timber at a rate causing concern. An annual account was required from a named individual specifying how all timber had been used, what remained, and what would be needed. This careful tracking of a specific natural resource illustrates both the island's ecological constraints and the Company's awareness that its long-term viability as a strategic outpost depended on maintaining the environmental conditions for continued habitation. [Film No. 41, 51, 95, 104]
The regulation of hunting and the protection of game birds - pheasants, guinea hens, and turtle doves - was another expression of resource management in a confined environment. No person was permitted to kill such birds except on their own plantation, with fines divided between the Company and the informer. The protection of game suggests both an aesthetic or recreational concern and an economic one: wild birds formed part of the island's food supply and their depletion would reduce an already limited resource base. The requirement that cattle grazing on Company waste lands pay grazing fees, and that all Company cattle be distinctly marked on each horn to prevent confusion with planters' livestock, similarly reflects the close management of biological assets in a settlement where livestock were both economically vital and easily subject to dispute over ownership. [Film No. 45, 81]
The Wider World: War, Diplomacy, and the Island's Place in Imperial Networks
Although St Helena was a small and remote settlement, it was embedded in networks of imperial competition, commercial rivalry, and maritime conflict that shaped every aspect of its governance. The collection records numerous instances of the island's sensitivity to wider international conditions. The Dutch had captured it before the English retaking in 1673; French men-of-war were a persistent threat; interlopers challenged the Company's commercial monopoly; and the War of the Spanish Succession, which ran from 1701 to 1714 and formed the background to Queen Anne's reign, heightened anxieties about naval security and the safety of Company shipping. Letters of February 1702 and October 1703 emphasised that the island must be made not only defensible against any invasion but capable of protecting Company ships in harbour. [Film No. 54, 56]
The management of relations with visiting naval commanders was a matter of genuine diplomatic sensitivity. Commanders of men-of-war were to receive fresh provisions for their own tables without charge and to be shown respect according to their rank. Their advice was to be sought on fortification, and their men could be employed in construction works in exchange for gratuities. At the same time, the Company was alert to the possibility that naval commanders might use their position to demand supplies or concessions that were not warranted, and the instructions are careful to specify that provisions could be provided up to a point but that the island was not obliged to supply ships beyond what was reasonable, and certainly not at prices that would deplete the island's own resources. The delicate balance between deference to royal naval authority and protection of Company commercial interests was a persistent feature of the collection's approach to maritime relations. [Film No. 53, 127]
The activities of interloping ships and the intelligence they brought about broader maritime networks were matters of continuing administrative concern. The collection records specific instructions about how to handle ships trading to Madagascar for slaves, which were exempted from the general prohibition on assisting interlopers, reflecting the economic importance of the Madagascar slave trade to the island's labour supply. It also records the prohibition on French visitors travelling about the island under the pretence of shooting, and the general exclusion of all foreigners from movement around the island, reflecting security concerns about the observation of the island's approaches and defensive positions by potential enemies. These provisions locate St Helena firmly within the wider context of European imperial competition in which every strategic harbour and provisioning station was both a commercial asset and a military vulnerability. [Film No. 36, 53, 67]
Conclusion: The Abstract as Historical Evidence
Thomas Goodwin's compilation was produced at a moment when the accumulated weight of Company legislation had become difficult to manage and when the practical governance of the island required a more accessible reference point than the full body of original instructions. The abstract he created - engrossed and displayed in the Sessions House for the benefit of the island's inhabitants and officials - was itself an act of governance: a selection, a simplification, and in certain respects a reframing of what the Company's rules required and why. Reading the collection critically means attending not only to what it contains but to what it omits, how it orders its material, and whose interests the particular selection of rules serves. [Film No. 11, 71, 92]
The collection reveals a colonial administration of considerable complexity, managing the competing demands of military security, economic viability, legal order, religious conformity, and financial accountability in a small and isolated settlement with chronically limited resources. It shows a governing authority that was simultaneously paternalistic and extractive, that claimed to act for the benefit of the island's inhabitants while also treating them as instruments of Company policy, and that reproduced the forms of English legal procedure while acknowledging that the substance of English law did not and could not straightforwardly apply in its remote colonial setting. The laws governing enslaved people, which form some of the most detailed provisions in the entire collection, are a reminder that this ordered administrative world depended at its foundations on coerced labour maintained through extreme violence. Any assessment of the quality of Company governance on St Helena must hold that fact alongside every other aspect of the record. [Film No. 83-88, 125]
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EAP 1364 St Helena Document Name and Date Photographer Date photographed Additional comments | |||
Book cover | |||
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Goodwin’s Abstracts | |||
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[...] By The Worshipfull Thomas Goodwin Esq[?] Governor of | |||
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[...] Goodwin Esq[?] Governo[r] of the Island S[t] Helena | A document was described in which [...] Goodwin Esq[?], identified as Governor of the Island of St Helena, was said to have undertaken the effort and care required to write out an abstract. This abstract was compiled from the “Right Honourable [...] Company’s Laws, Ordinances and Constitutions”, which had been issued within their larger body of instructions over time. These instructions had been directed towards the proper governance of the island. The purpose of the abstract was stated to have been for the good government of St Helena and for the encouragement and administration of justice to its inhabitants. Certain portions of the original wording remained unclear and were therefore represented as [...]. Interpretations Speculations | ||
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1 | [...] Charter His. Governour and Comp[any’]s President And that the said Governour & officers so appointed | A passage was presented in which [...] was recorded as having been taken from a Charter granted by King Charles the Second, dated 3 April 1664, being in the sixteenth year of his reign. It was stated that this Charter had been issued when the Island of St Helena was retaken from the Dutch. By this Charter, authority was granted to “us”, understood as the governing body, to establish and confirm governance over the island. It was set out that the Governor and the Company’s President were empowered to constitute laws, orders and ordinances for the governance of St Helena. These laws were permitted to be altered or repealed as was considered fit and convenient. Authority was also granted to impose pains, punishments and penalties upon offenders, or upon any other persons as circumstances required. This authority was explicitly stated to include punishments extending to the taking away of life or limb, where such measures were judged necessary, requisite and convenient for the enforcement and observance of laws, ordinances and orders. It was further specified that all such laws, statutes, ordinances, punishments and penalties were required not to be repugnant to or contrary to the laws of England, but rather to be as near as possible agreeable to them. Provision was also made for the nomination, creation and appointment of such governors and officers as were considered fit for the governance of the said Island of St Helena. It was then stated that the Governor and officers so appointed were to govern and rule all subjects of the Crown, including those presently inhabiting the island and those who might inhabit it in the future. Their governance was to be exercised subject to such orders and ordinances as might be made at any General Court from time to time. All matters relating to the good government of justice were to be administered through forms of judicature resembling those used in the realm of England, with the stated aim of avoiding fraud, deceit and other ill actions of any kind or nature. It was also provided that all judgements issued under this authority were to conform to the same principle, namely that the laws and ordinances under which they were given should be reasonable and not repugnant or contrary to [...], with the final portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
2 | [...] And wee do also ordaine and grant to all and Every And wee do further ordaine and grant that such person And also to administer Oaths and to administer a formall Legall oath to administer And that all persons born upon the said Island All which is more at Large in Book No A | A further passage was presented in which it was stated that all laws and ordinances made for the governance of St Helena were to be, as far as possible, agreeable to the laws of England. It was then ordained and granted that all governors appointed to the island were to hold full power and authority of government over St Helena. It was specified that no person whatsoever was to inhabit the island or its dominions, nor enter upon any part of it, including any district, port or harbour, or bring goods, merchandise or effects there, without being subject to this authority. It was further ordained and granted that such governors were to possess ample power and authority to exercise all necessary measures for the suppression of rebellion, mutiny or sedition. This authority extended to the enforcement of military discipline, or other forms of discipline, in whatever manner was considered fit and necessary for the good government of the army. Provision was also made for the administration of oaths. It was stated that formal legal oaths were to be administered for the purpose of examining, taking and declaring the truth in any cause or case whatsoever. This authority was extended to all matters concerning the maintenance and administration of peace and justice within the island, and to any other particular business requiring such examination. It was also declared that all persons born upon the island were to be considered free denizens and natural subjects of England. Finally, it was noted that these provisions were set out more fully in “Book No A”, specifically from the fifth to the eighth clause. Interpretations Speculations | |
3 | 3 A copy of the first Commission of the By the Govern[o]r & Comp[an]y Now know all persons that in pursuance of the Authority And forasmuch as it is altogether necessary That in | A copy was presented of the first commission issued for the government of the Island of St Helena following its retaking from the Dutch. It was recorded that the Governor and Company of Merchants of London trading to the East Indies, at a Court of Committee held on 19 December 1673, in the twenty-fifth year of the reign of Charles II of England, had issued this commission. The king was described with his full royal style as sovereign lord of England, Scotland, France and Ireland, and Defender of the Faith. It was declared that, under the authority previously granted and for the good government of the island, Captain Thomas Field had been appointed Governor of St Helena, and Captain Anthony Beale had been appointed as his Deputy Governor. The lieutenants of the two companies of foot stationed on the island, together with Francis Mordaunt and Quinto[?] Seale, had been appointed to serve as members of the Council. It was specified that they were to take precedence in Council according to the order in which they were named. It was established that authority was to be exercised by the Governor and Council for the time being, and that in the absence of the Governor, his Deputy was to preside. It was further provided that any three members of the Council were to act with authority, provided that either the Governor or his Deputy was always present among them. Full power and authority were granted to them over all matters within the island, extending to all persons residing there, regardless of their status or condition, who were required to yield due obedience. It was further stated that, in order to prevent any interruption or vacancy in government arising from the death or removal of Captain Thomas Field or his Deputy, provision had been made for succession. It was declared that Captain Anthony Beale was to succeed as Governor in the event of the death or removal of Captain Field. It was also provided that, in the event of the death or absence of both Captain Field and Captain Beale, the remaining members of the Council, or any three of them, were to act as Commissioners for executing the office of government of the island. Interpretations Speculations | |
4 | [...] manner and well to the same Powers as are And you our said Governour & Councell are hereby Advice for which to proceed the best you may to That all the Planters & the Governour shall use | A further passage was presented in which it was stated that the powers granted to Captain Thomas Field and Captain Anthony Beale were to continue in full force, under the authority of the Company’s common seal, until properly regulated by the Company. It was then directed that the Governor and Council, in executing the power and trust placed in them, were to follow specific instructions. They were advised to proceed, as effectively as possible, with strengthening the forts, constructing secure fences and establishing sufficient habitations suitable for resisting invasion and defending the island, according to their judgement. Particular emphasis was placed on the use of materials and powder that had been sent for this purpose. It was further ordered that goods, corn and ammunition were not to remain concentrated in one place but were instead to be safely stored in several locations across the island. It was directed that the chief magazine was to be situated near the middle of the island, where it could be securely guarded and from which supplies could be issued with greater ease, safety and convenience to all quarters. It was also required that, on all occasions, the Governor should be able to access every post or guard, so that no position would be abandoned for want of supplies. It was then directed that all planters, together with the Governor, were to use their utmost endeavours to encourage the officers of the garrison to train selected men in arms. These men were to be exercised and instructed so that, within two months, they would be capable of contributing to the defence of the island. It was further ordered that particular posts were to be assigned by the Governor to members of the garrison, and that these posts were to be properly maintained and supplied with the necessary ammunition according to their requirements. It was also required that the planters were to maintain a constant watch and guard. In the event of the discovery of any enemy, or upon any sudden alarm, including the approach of any ship or vessel, it was ordered that they were to repair immediately to their assigned posts. They were to observe such orders in war or military discipline as were to be directed by their respective officers under the authority of the Governor and Council, for the safety and defence of the island. It was finally stated that these obligations formed part of the conditions upon which lands and other accommodations had been granted to the planters. Interpretations Speculations | |
5 | [...] or any the Inhabitants of the Said Island be That there may be Surveyed unto each Planter who And wee do order that a register be kept of all Grants That a register be kept of all Marriages and Burials That the Lords day be religiously observed by abstinence You are to take care that all Prophaness swearing and | A further passage was presented in which it was stated that any inhabitants of the Island of St Helena were to be permitted, upon their request, to receive sufficient timber to build one or more houses. This was to be allowed on the condition that such houses were constructed in a regular manner designed to contribute to defence, being situated above the plantations in valleys where the Governor and Council considered it appropriate. It was also required that these houses were to be positioned between the sea and any forts or batteries, under the responsibility of the proprietors. It was then directed that each planter who came to the island and took up residence was to have two hundred acres of land surveyed and allotted to them under the Company’s common seal. This grant was to be made on the condition that the planter fulfilled such obligations as were required of inhabitants and planters from time to time. A further proviso was to be included in the deed of conveyance stating that no planter was to have the power to sell or transfer their land or plantation unless they, or their heirs, had resided upon it and improved it through planting for a period of four years. It was also ordered that a register was to be maintained recording all grants, transfers and sales made by any planter of their house or plantation, in order to prevent disputes and fraudulent conveyances. A further register was to be kept of all marriages and burials, as well as of all children born on the island. It was then required that the Lord’s Day was to be strictly observed, with abstinence from all bodily labour and servile employment, as well as from all pastimes. The Governor was instructed to appoint a public place for the worship of God, and the inhabitants were required to attend there every Lord’s Day to participate in public religious duties. It was further directed that the Governor and Council were to attend in person in order to encourage the minister in the performance of his duties and to promote attendance by the people. Finally, it was ordered that all profaneness, swearing and taking of the name of God in vain were to be carefully avoided, along with intemperance, fornication and drunkenness. Any person found offending in these matters was to be punished according to the laws of England, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
6 | 6 Our Govern[ou]r & Councill In the first place That all our Concernes will be to the 9 And that our said Island may be better able to the | A passage was presented in which instructions were addressed to the Governor and Council at St Helena. It was stated that their first concern was to be directed towards the glory of God, and that, by seeking divine blessing, care was to be taken to ensure that religious observance was maintained throughout the island. It was required that all inhabitants were to abstain from bodily labour and servile employments on the Lord’s Day. A public place of worship was to be appointed, where all inhabitants were to assemble, and the solemn exercise of religious duties was to be maintained. The Governor and Council were instructed to attend in person in order to encourage the minister in the performance of his duties and to promote the participation of the people in religious ordinances. It was further directed that profane swearing and the taking of the name of God in vain were to be restrained and avoided, together with intemperance, fornication, drunkenness, uncleanness and unlawful gaming. It was ordered that any person committing such offences was to be punished according to the laws of England in such cases provided. It was then stated that, in order to improve the island’s capacity for defence, all planters were to remain under discipline, under such commanders or officers as the Governor and Council were to appoint. These officers were to exercise and train them in arms at appointed times so that they might be qualified for the defence of the island. It was also directed that particular places were to be assigned by the Governor for their duties, although it was specified that planters were not to be required to maintain constant watch at all times, except in periods of danger. It was further required that, during the time of the Company’s residence on the island, strict measures were to be observed in the event of the approach of any shipping, and especially upon the discovery of any enemy or foreign [...], with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
7 | [...] appointed for them and observe such orders Upon arrival of shipping Imployed in our Service We We have formerly advised that the Lands given or have And we appoint a Register to keep of all Lands given And you are to take care that all prophane swearing and | A further passage was presented in which it was required that inhabitants assigned to places of defence were to repair to those positions and observe such orders of military discipline as were to be directed by their respective officers under the authority of the Governor and Council, for the safety and defence of the island. It was stated that this obligation formed part of the conditions upon which lands and other accommodations had been granted to them. It was then ordered that, in order to ensure that such defensive positions were properly inhabited, any inhabitant requesting land for building houses in the valleys was to have ground set out and allotted to them by the Governor and Council. It was required that these houses were to be constructed regularly and in good order for defensive purposes, and that they were to be positioned above the plantations in the valleys and situated between the sea and the forts. It was further directed that, upon the arrival of ships employed in the Company’s service, a fresh market was to be established by the Governor and Council in the most convenient place or places, so as to accommodate both inhabitants and mariners. It was also ordered that inhabitants were not to go on board any ship without first obtaining permission from the Governor. It was then reaffirmed that lands previously granted or allotted to each planter were to be conveyed to them, their heirs and assigns forever under the Company’s common seal. This order was confirmed, subject to the condition that the inhabitants and planters performed all required services from time to time. A further proviso was to be included in the conveyance stating that no person was to have the power to sell or transfer their land or plantation unless they, or their heirs, had resided upon it and improved it by planting for a period of seven years. It was also directed that a register was to be maintained recording all lands granted, set over or allotted to any planter, including their heirs and assigns. This register was to include records of any sales, exchanges or particular grants, as well as all transfers, conveyances or mortgages of land. Finally, it was required that profane swearing and the taking of the name of God in vain were to be carefully avoided, and that drunkenness or any other vice was not to be permitted, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
8 | 8 [...] minister for the time being keep a register of all Marriages The Companys Plantation and Produce thereof we do We recommend unto you the Encouragement of London the 20th of | A further passage was presented in which it was directed that the minister for the time being was to keep a register of all marriages, christenings and burials on the Island of St Helena. It was then stated that the Company’s plantation, together with its produce, was to be placed under the direction and disposal of the Governor of the island for the time being. This was to be applied towards the support and maintenance of public safety, as well as for the Governor himself and others appointed to serve in official capacities on the plantation. It was further recommended that the encouragement of true religion, orderly justice, equitable honesty and good government was to be upheld. It was expressed that confidence was held that no person should suffer wrong, and that all individuals, upon making just complaints, were to be given equal hearing. Justice was to be administered impartially, so that good conduct would be encouraged and those committing wrongdoing would be punished, thereby preserving peace and quietness on the island. The document was dated London, 20 February 1678. Interpretations Speculations | |
9 | (9) By the Govern[o]r & Comp[an]y of Whereas his most sacred Majesty hath been And whereas by vertue of several former orders & directions And whereas several questions have arisen And forasmuch as it is necessary for the better | A further passage was presented in which it was recorded that the Governor and Company of Merchants of London trading to the East Indies, at a Court of Committees held at the East India House in Leadenhall Street in London on 20 March 1679, and in the thirty-second year of the reign of Charles II of England, issued a formal statement. It was stated that His Majesty had, by a Royal Charter under the Great Seal of England dated 31 December 1673, granted to the Company the Island of St Helena with all rights, territories and appurtenances belonging to it, as was more fully set out in the Charter. By the same Charter, authority had been granted to the Company to make, publish and enforce laws, ordinances and constitutions for the good government and use of the island, and to alter or repeal them from time to time. It was then recorded that, by virtue of several earlier orders, directions and instructions, lands and plantations on the island had been granted to various persons on condition that they performed specified services and duties. These included obligations to reside upon their plantations and to live in obedience to the Governor and Council, as set out in the orders dated 19 December 1673 and 18 March 1677. It was further stated that several problems had arisen due to insufficient regulation and management of these lands and plantations. It was noted that some individuals had deserted or refused to perform the required services and had neglected their habitations and plantations, leaving them waste and uncultivated. As a result, it was stated that the island had suffered significant prejudice and damage. It was then declared that, for the better settlement and government of the island, it was necessary to prevent such disorders in the future. It was required that all persons who came to inhabit the island, or who held lands or plantations there, were to be brought into proper order and obedience, and were to perform the duties and services required by the Company’s orders and instructions. It was also stated that lands and plantations were to be improved and not allowed to remain waste or uncultivated. The passage concluded by stating that, for these reasons, it had been thought fit to take further action, with the final portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
10 | 19 [...] [...] such Lands & Plantations to be Registered And also we do order and require that where any person or persons That any person or persons who shall presume to esteem and hold That in case of the decease of any Planter or his assigning As to moveables and personall estates | A further passage was presented in which it was directed that all lands and plantations were to be formally registered in a book kept for that purpose by the Governor or Deputy Governor of the island and its dominions. It was required that the names of the persons holding or enjoying such lands were to be entered, and that the Deputy Governor was to ensure that this record was properly maintained. It was further stated that if any person presumed to enter upon lands without just cause or authority, or made encroachments to the damage of the Company, such actions were to be subject to regulation and control. It was then ordered that where any person had taken up lands or plantations within the island or its dominions and had deserted them, leaving them uncultivated and unimproved, such lands were to be deemed forfeited. These forfeited lands were to be disposed of again for the use of the Company. It was also directed that no person was to consider or hold their plantation, or any part of it, as being in fee simple or otherwise with full ownership rights. It was stated that no sale or transfer of land, or any part thereof, was to take place without first obtaining licence from the Governor. Provision was then made for cases in which a planter died or assigned over their plantation without it being properly settled or disposed of according to the Company’s previous orders and directions. In such cases, the Governor and Council were granted authority to dispose of the plantation and lands in accordance with the rules and orders then in force, for the use of the Company and the benefit of the plantation. It was further stated that matters relating to moveable goods and personal estates, including any claims made by children or others asserting a right to such property, were to be adjudged and determined according to the laws of England and the orders and constitutions of the East India Company, with the remaining portions of the text unclear and therefore represented as [...]. Interpretations Speculations | |
11 | [...] those other parts to the Brother and Sisters or their Children That if it should so fall out that on the Death Our Govern[o]r & Councill London 14th Aprill 1680 Letter No 10 We have received your Letters in answer the Three | A further passage was presented in which it was directed that, in matters of inheritance, portions of a deceased planter’s estate were to pass to brothers and sisters, or to their children, provided that such relatives were residing on the island. If no such relatives were present, the estate was to pass entirely to the wife. If there were neither wife nor children, the whole estate was to pass to the next of kin residing on the island. It was further ordered that, where no such eligible persons were present on the island, the estate was to be inventoried and preserved for those in England who might be granted administration of it. It was then provided that, in the case of the death of any planter whose son or sons had either been banished, had deserted, or were not residing on the island, such heirs were required to return to the island within two years of the death and to establish residence there. Alternatively, they were to ensure that effective care was taken for the land to be inhabited and maintained, including the cultivation of twenty acres each year. If these conditions were not met within the specified period, the land was to be seized and taken into the hands of the Company and disposed of as forfeited property, to be granted or allotted to another person, notwithstanding any previous grant or claim. It was stated that these orders were issued under the Company’s common seal, dated London, 14 April 1680. A subsequent section, identified as “Letter No 10”, recorded that letters had been received from the Governor and Council concerning three insurrections. It was stated that certain individuals had been banished in response to these disturbances, in accordance with the nature of their offences and the laws of England as applied on the island. However, it was expressed that returning such persons would be more likely to encourage continued rebellion rather than restore obedience. It was therefore resolved that such individuals were to be sent for in relation to the disturbances. It was further required that, in future, care was to be taken to suppress such insolence and disorder, and to punish offenders accordingly. Interpretations Speculations | |
12 | [...] and not send them home which gives them means to Your Loving Friend By the Govern[o]r and Company Whereas our Sovereigne Lord the King most | A further passage was presented in which it was stated that offenders were not to be sent home, as this practice had allowed them opportunities to escape and evade the justice their offences deserved. It was declared that further rules and orders would be considered in order to enable the Governor and Council to deal more effectively with such delinquents and to ensure that they were sent away by the first suitable opportunity. The communication concluded with the closing “Your Loving Friend”, followed by an unclear signature represented as [...]. A subsequent section recorded that the Governor and Company of Merchants of London trading into the East Indies, at a Court of Committees held on 16 March 1682, in the thirty-fourth year of the reign of Charles II of England, issued a formal statement. It was stated that His Majesty, by letters patent dated 10 December 1673, had granted to the Governor and Company, and their successors, the Island of St Helena together with all its appurtenances. By this grant, the Company had been constituted the true and absolute lords and proprietors of the island, with full power and authority to govern it. It was further declared that the Company was empowered, through its General Courts or Courts of Committees, to establish laws, orders and constitutions under its common seal for the good government of the island. Authority was also granted to appoint officers to enforce these laws and to govern and rule the inhabitants accordingly. It was then specified that the Company, either directly or through its Governor and appointed officers, was to exercise full judicial authority. This included the establishment of courts, sessions and forms of judicature, and the conduct of legal proceedings. It was stated that they were to issue process, hear and plead cases, judge and determine all causes, and execute such [...], with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
13 | 13 Such Judgments as in and by the said Letters Patents Now know all men that in pursuance of the We the said Govern[o]r & Company of Merchants of London That is to say First touching Religion & the Worship | A further passage was presented in which reference was made to judgements authorised under the Letters Patent, the details of which were said to appear more fully within those documents. It was then declared that, in pursuance of the authority granted by those Letters Patent, and for the better government of the Island of St Helena and its inhabitants, as well as for the due and impartial administration of justice to all subjects of His Majesty residing or inhabiting there, further provisions were to be established. It was stated that these measures were intended to ensure that all inhabitants might live together in the fear of God, in loyalty to the King, and in mutual love and good affection. It was then recorded that the Governor and Company of Merchants of London trading into the East Indies, at their Court of Committees as previously described, had constituted and appointed a Governor and Council for the island. This body, or the majority of them, was granted supreme command, power and authority in all causes and matters within St Helena. It was required that all persons residing on the island, regardless of their quality or condition, were to yield due obedience to this authority. It was further stated that, in order to prevent oppression, disorder and irregular proceedings, and to establish known rules for the conduct of the people, a series of laws, rules, orders, directions and forms of procedure had been made and were to be carefully and duly observed throughout the island and its territories. It was then specified that, in matters relating to religion and the worship of God, the Lord’s Day was to be strictly observed through abstinence from all bodily and servile employments, as well as from gaming, sports and unlawful pastimes. The Governor and Council were directed not only to appoint one or more public places for divine worship, but also to ensure that all persons attended and joined in the public exercise of religious duties. These duties included prayers, the adoration of God, the hearing of sermons at suitable times, and the administration of both sacraments, namely baptism and the Lord’s Supper. It was further required that the Governor and Council were to encourage the ministers in their duties by their presence, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
14 | [...] minister or Ministers in the discharge of his or their That in publique the minister or such as discharge That when there is a minister resident on the Island Secondly touching the Administration We do direct and appoint that in all Cases That no Person be deprived or dispossessed of Lands | A further passage was presented in which it was directed that the Governor and Council were to encourage the minister or ministers in the performance of their duties, and to promote attendance by the people at religious ordinances, ensuring that all reverence and decency were observed. It was provided that, in the absence of a minister on the island, the inhabitants were nevertheless to assemble solemnly on the Lord’s Day. In such cases, the Governor and Council were to cause portions of Holy Scripture and godly sermons to be read, together with prayers and such other religious duties as they considered appropriate. It was further ordered that, during public worship, the minister, or the person performing prayers in the absence of a minister, was to include prayers for the King’s Majesty, for the peace, happiness and prosperity of his kingdoms, and for the welfare of the East India Company. It was also directed that, in public assemblies on the Lord’s Day, at convenient times, the Apostles’ Creed, or alternatively the Athanasian Creed, together with the Ten Commandments from the twentieth chapter of Exodus and their summary as set out in the twenty-second chapter of the Gospel of St Matthew, verses 37 to 40, were to be read to the people. It was then required that, when a minister was resident on the island, instruction was to be given once each week, either on the Lord’s Day or another appointed day, through the catechising of youths and younger persons in a public setting. This instruction was to explain and teach the doctrines of the Christian religion so that the people would be firmly grounded in its principles, able to give reasoned justification of their faith and capable of defending it against opposition. The time for such catechising was to be appointed by the Governor, and attendance was required unless prevented by necessary occasions. It was then stated, under a second heading concerning the administration of justice and civil right, that justice was to be administered impartially in all cases, without favour or partiality. It was further directed that no person was to be deprived or dispossessed of lands, goods or other rights without [...], with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
15 | [...] any Corporall punishment for any Cause or Crime before a due That no person be Imprisoned upon any private action or debt Thirdly And for the better settling and That there be appointed by the Govern[o]r & | A further passage was presented in which it was directed that no person was to suffer any corporal punishment for any cause or crime unless a due trial had first been conducted and a verdict delivered against that person by a jury of twelve men, except in cases specifically expressed or later declared by laws made by the Company or its Court of Committees. It was further ordered that no person was to be imprisoned for any private action, debt, felony, offence, misdemeanour or public crime without the cause of such imprisonment being clearly expressed in the warrant for commitment. It was also required that, if the case was not prosecuted within the first two court days after the commitment had been certified to the court, which the marshal or prison keeper was obliged to do immediately, the imprisoned person was entitled to seek discharge. In such cases, it was directed that the judges were to grant discharge without delay. It was then set out, under a third heading concerning the establishment of proper procedures, that one or more able, honest and competent persons were to be appointed from time to time by the Governor and Council to serve as Sheriff of the island. These officers were to oversee matters of high importance and public affairs, including the preservation of the Company’s rights, the maintenance of peace and good order among the inhabitants, and the punishment of crimes and offences as provided. It was further stated that the Sheriff or Sheriffs were to be responsible for executing orders, writs and summonses issued by the Governor and Council or by the courts of judicature to be established. Their duties were to include summoning juries, apprehending criminals and carrying out similar functions necessary for the administration of justice. It was also provided that the Sheriff might, when directed by the Governor, be responsible for arming, mustering and training persons within the island who were considered necessary to be kept in readiness for its defence and for the suppression of tumults and insurrections. In all such matters, the Sheriff was to act according to the orders, instructions and directions given, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
16 | 16 Directions as he and they shall from time to time That at the Chief place of the Island where the Govern[o]r | A further passage was presented in which it was directed that the Sheriff or Sheriffs were to act according to such directions as they should from time to time receive from the Governor. It was required that all civil and military officers, as well as all other persons, were to assist the Sheriff in the proper execution of his office. It was then prescribed that the Sheriff was to take an oath before the Governor. In this oath, allegiance was to be sworn to the King and his heirs and successors, and a commitment was to be made to preserve and maintain the rights of the East India Company in relation to the Island of St Helena. The Sheriff was to ensure that no harm or detriment was done to the Company or its estate, and was required to report any such matters to the Governor and Council. It was further stated that the Sheriff was to discharge the duties of the office faithfully and impartially, to execute all writs, orders, summonses and sentences issued by the courts or by the Governor without delay, and to conduct himself properly in all aspects of the role. The Sheriff was also required to keep accurate accounts without fraud or deceit, to give notice of all monies received from fines or other sources, and to pay such monies to the Treasurer or Receiver appointed by the Governor and Council when required. It was then directed that, at the principal place of the island where the Governor and Council resided, a Court of Judicature was to be established for the hearing, deciding and determining of all causes between parties, as well as all criminal matters. It was specified that the Governor, or in his absence his Deputy, was to act as the sole judge of this court. The court was to be held once every three months, or more frequently if necessary. It was further required that proper records of all proceedings and sentences were to be kept in books for that purpose. Officers attending the court were to be appointed from time to time by the Governor, and reasonable and moderate fees for their services were to be established so as not to burden the people. These fees were to be settled by the Governor and Council and publicly displayed at the place where the court was held. It was also ordered that any officer who demanded or received greater fees than those established, or who refused or delayed performing their duty when required, was to be subject to punishment or liable for damages to the injured party, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
17 | That all tryall in the said Court be by Jurys of twelve men, the Fourthly And to the intent Religion Morality and We do further appoint that if any person or persons And that all Swearing and taking the Name of God in vaine That all Intemperance and Drunkenness be abhorred from And that also That all fornication uncleanness and adultery be forbidden | A further passage was presented in which it was directed that all trials in the Court of Judicature were to be conducted by juries of twelve men, with such juries to be returned by the Sheriff or Sheriffs of the island. It was stated that the same procedure was to be followed in criminal cases. A prescribed form of oath was to be taken by jurors, requiring them to try matters between parties according to the evidence, their conscience and the established laws. It was then declared, under a fourth heading, that religion, morality and virtue were to be encouraged, while vice was to be suppressed and punished, and that clear rules were to be established so that both required conduct and corresponding punishments were known. It was ordered that any person publicly profaning the Lord’s Day by travelling, working, gaming or engaging in unlawful pastimes was, for a first offence, to be reproved and admonished. For subsequent offences, a fine was to be imposed at the discretion of the Governor, not exceeding five shillings for each offence. It was further directed that all swearing and taking of the name of God in vain were to be carefully avoided. If any person, after having once been publicly admonished for such behaviour, offended again by swearing, that person was to be fined at the discretion of the Governor and Council, not exceeding one shilling for each offence. It was also ordered that intemperance and drunkenness were to be abhorred, being described as destructive to both body and soul. For a first offence of drunkenness, the offender was to be admonished by the Governor or a member of the Council. If, after such admonition, the offence was repeated and duly proven, a fine was to be imposed at the discretion of the Governor and Council, not exceeding five shillings for the first offence following admonition. It was further indicated that persons of higher rank were to be subject to greater fines than those of lower rank, in recognition of their influence as examples to others. It was then directed that fornication, uncleanness and adultery were to be forbidden. If any person was found guilty and convicted of such offences, either by confession or by the verdict of a jury, punishment was to be imposed unless otherwise directed by the Governor and Council. It was required that such offences were to be discouraged and punished in ways considered most effective and appropriate to the character of the people, provided that such measures were not contrary to the laws and constitutions of England. Interpretations Speculations | |
18 | That none do Steal or take from another that which If any person called or tendering himself to If any person shall Counterfeitt any deed deed writt | A further passage was presented in which it was directed that no person was to steal or take from another that which did not belong to them. It was provided that, in cases of theft where a person was duly convicted by a jury, if the offence involved taking goods by force or violence from another person, causing fear, or by breaking open any dwelling house, room, cupboard or locked trunk, the offender was to restore the stolen goods and also pay three times their value to the injured party. After such restitution, the remainder of the offender’s estate was to be forfeited to the East India Company. It was further ordered that the offender was to stand in the pillory in a public place and be whipped from there to the prison. It was then left to the discretion of the Governor and Council either to release the offender or to detain them in prison and send them to England on the next ship. It was further stated that, in cases of other forms of theft, where the offender was duly convicted, restitution was likewise to be made of the stolen goods together with three times their value. If the offender was unable to make such payment, they were to be compelled to work for the injured party until the amount had been satisfied, according to the judgement of the jury. It was also directed that, in all cases of theft, the jury was to determine the value of the stolen goods under the direction of the judge. It was then provided that, if any person acting as a witness in a cause gave false testimony out of malice, covetousness or any other cause, and this resulted in damage or prejudice to another party, that person was to suffer punishment in accordance with the verdict of the jury, except in cases involving death. It was also ordered that such a witness was thereafter to be considered permanently unreliable, and their testimony was to be deemed invalid in all future matters. Where it was found that a witness had been suborned, both the witness and the person who had procured the false testimony were to be held equally at fault, liable for damages and required to make satisfaction. Both were also to stand in the pillory. Finally, it was stated that if any person counterfeited any deed, writ or other document, or by any device cheated another, further provisions were to apply, with the remaining portion of the text unclear and therefore represented as [...]. Interpretations Speculations | |
19 | (19) of any Lands Goods or Moneys and thereof be Convicted by a Jury he shall make satisfaction to the party Injured In case any person shall quarrell with another not being his servant or under his Command or strike or wound him the party offending shall make satisfaction to the party Injured according to the verdict of a Jury and over & above In case of willfull murder the party Convicted by a Jury shall suffer Death the manner of his Death shall be at the Discretion of the Govern[o]r & Councill Agreeable to the Laws of England In case any shall strike an officer being about the Execution of his office he shall for the same being Convicted by a Jury be fined at the Discretion of the Govern[o]r to the use of the Company not exceeding five pounds or to be publiquely whipt or imprisoned unless the Govern[o]r with the Consent of the Major part of the Councill shall think good to pardon him and shall moreover pay Treble damages to the officer Injured to be assessed by a Jury And we do ordain Constitute and appoint as a perpetuall Rule and Law to be observed in the said Island That in every case where any tryall is herein before appointed to be by Jurys it shall be lawfull to and for the Sheriffe or Sheriffes of the said Island to impannell and return a Jury as well of any English men then resident or sojourning or others who shall then happen to be on the Island as of the Constant Inhabitants thereof Fifthly And for the better preserving the peace of the said Island and keeping all persons in due subordination and securing the said Island against Enemys We do ordain direct & appoint [...] | A further passage was presented in which it was directed that any person convicted by a jury of cheating another of lands, goods or money was to make full satisfaction to the injured party and to pay an equal sum as a fine to the East India Company. It was further ordered that such an offender was to stand in the pillory for three public days so that they might be known. If the offender was unable to make satisfaction or pay the fine, it was required that they were to work first for the injured party and then for the Company for such time as a jury judged sufficient to satisfy both. It was then provided that, if any person quarrelled with another, not being their servant or subordinate, or struck or wounded them, the offender was to make satisfaction to the injured party as determined by the verdict of a jury. In addition, a fine was to be imposed at the discretion of the Governor and Council for breach of the peace, not exceeding twenty shillings for any one offence. It was further directed that, in cases of wilful murder, the offender, upon conviction by a jury, was to suffer death. The manner of execution was to be determined at the discretion of the Governor and Council, provided that it was agreeable to the laws of England. It was also ordered that, if any person struck an officer while that officer was carrying out the duties of their office, the offender, upon conviction by a jury, was to be fined at the discretion of the Governor, not exceeding five pounds, or was to be publicly whipped or imprisoned. It was provided that the Governor, with the consent of the majority of the Council, might grant a pardon. In addition, the offender was required to pay treble damages to the injured officer, as assessed by a jury. It was then declared, as a perpetual rule and law, that in all cases where trials were to be conducted by jury, the Sheriff or Sheriffs of the island were authorised to empanel and return juries composed not only of Englishmen resident or sojourning on the island, but also of other persons present there, as well as its permanent inhabitants. Finally, under a fifth heading concerning the preservation of peace, subordination and defence against enemies, it was stated that further provisions were to be established, with the remaining portion of the text unclear and therefore represented as [...]. Interpretations Speculations | |
20 | (20) 1 That no person whatsoever shall [i]mpri[so]ni[?] or lay violent hands on or strike the Governour or any his superior officers or Ministers or attempt or Conspire so to do and in case any shall offend therein and be thereof Convict by a Jury he shall suffer such Corporall punishment (not extending to taking away of life) as the Governour with the Advice and Consent of the Major part of his Military officers shall adjudge according to the nature of his offence and in case of striking the Governour he shall also forfeit to the use of the Company all his Lands and Tenements Goods and Chattells 2 That if any [C]ap[t] officer or soldier in the Comp[an]y service in the said Island shall neglect his duty sleep upon or be absent or Depart from his Watch or station or make any quarrell or Disturbance whilst on the Guard and be thereof Convicted by the Testimony of two Witnesses upon oath he or they shall be fined by the Governour to the use of the Company not Exceeding one months pay and shall also suffer such Corporall punishment (not Extending to the taking away of life or limb) as the Governour with the Advice and Consent of the Major part of his Military officers shall Judge the Matter to deserve 3 That if any Cap[t] officer soldier or Marriner shall have Entertained themselves in the Company service in or at the said Island or any Inhabitants thereof or any person or persons that shall Come to the said Island shall Know [d]ecline or make any abett any mutiny or shall Contrive or Indea[v]our Either himself or to entice or Draw out any other officer soldier Marriner or Inhabitant or any other person whatsoever to serve or Destroy or to yield and Deliver up any fort ship Vessell or village or place in or at the said Island to any Enemy whatsoever such Cap[t] officer soldier Marriner Inhabitant or any other person being thereof Convicted by a Jury shall be sentenced to Death and to forfeit and lose his Estate to the use of the Company which sentence shall be Executed Accordingly unless the Governour with the Advice and Consent of the Major part of his Military officers shall Pardon or Remitt any part of the same [...] | A further passage was presented in which it was directed that no person whatsoever was to imprison, lay violent hands upon, strike, attempt or conspire to act against the Governor or any of his superior officers or ministers. It was provided that, if any person offended in this manner and was convicted by a jury, they were to suffer such corporal punishment, not extending to death, as the Governor, with the advice and consent of the majority of his military officers, considered appropriate according to the nature of the offence. It was further stated that, in cases where the Governor himself was struck, the offender was to forfeit all lands, tenements, goods and chattels to the East India Company. It was then ordered that, if any captain, officer or soldier in the Company’s service neglected their duty, slept at or absented themselves from their watch or station, or caused quarrels or disturbances while on guard, and was convicted upon the sworn testimony of two witnesses, they were to be fined by the Governor for the Company’s use, not exceeding one month’s pay. In addition, they were to suffer such corporal punishment, not extending to the loss of life or limb, as the Governor, with the advice and consent of the majority of his military officers, judged appropriate. It was further directed that, if any captain, officer, soldier, mariner, inhabitant or other person in or arriving at the island knowingly committed, encouraged or assisted in any mutiny, or contrived or attempted to entice others to betray, destroy or surrender any fort, ship, vessel, village or place on the island to an enemy, such person, upon conviction by a jury, was to be sentenced to death and to forfeit their estate to the Company. It was provided that such a sentence was to be carried into execution unless the Governor, with the advice and consent of the majority of his military officers, chose to pardon or remit part of the punishment. The remaining portion of the text was unclear and therefore represented as [...]. Interpretations Speculations | |
21 | 4 That there be no wastfull Expence of any Powder Shott Ammunition or other Stores in the said Island nor any Imbezlement of the Publique Stores and if any shall Imbezle or Steale any Powder Shott Ammuni[ti]on or other Stores and sell the same both the person so Imbezeling & selling as also the abettors buyers and Receivers thereof shall be lyable over and above the Penalties herein before Appointed in Cases of Theft to be Imprisoned not Exceeding six months or to suffer such other Corporall punishment (not Extending to Deprivation of Life or Limb) as the Governour with the Advice and Consent of the Major part of his Councill shall Adjudge the matter to Deserve 5 In case any person or persons shall make any Insurrections or gether together in any Hostile manner without the Especial Command of the Governour or of such as have Authority from him or shall not upon Command from the Governour lay down their Armes and Submit to the ordinary Justice as also if any person or persons shall Contri[v]e to Betray or Deliver up the Island or any Fort Castle Port or place therein or any Ships or Vessells belonging to the English into the hands of any other people or Nation or in order thereunto shall hold Intelligence or Correspondency with any person or persons Declared Enemys to the English and shall be Legally Convicted by the Jury of twelve men of any the said Crimes he or they shall be Sentenced to suffer Death and to forfeit all their Estates w[hi]ch sentence shall be Executed accordingly unless the Governour with the Advice and Consent of the Major part of the Councill shall on good Consideration think fitt to pardon or Remitt any part thereof 6 And whereas severall English Ships have of late been sent out of England upon private Accts to trade in the said East Indies to the great prejudice of us and our trade there and in Contempt of his Majesties Royall Charter whereby the whole Indian Trade to and from the said Indies is granted unto us and all other his Majesties Subjects are strictly Charged not to trade thither and whereas such Interloping ships have in their return home been releeved Accomodated & supplied in [...] | A further passage was presented in which it was directed that no wasteful expenditure of powder, shot, ammunition or other stores was to be permitted on the Island of St Helena, nor any embezzlement of public stores. It was ordered that, if any person embezzled or stole such materials and sold them, both the offender and any abettors, buyers or receivers were to be subject, in addition to the penalties already established for theft, to imprisonment for a period not exceeding six months, or to such other corporal punishment, not extending to the loss of life or limb, as the Governor, with the advice and consent of the majority of his Council, considered appropriate. It was then provided that, if any person or persons raised insurrection or assembled in a hostile manner without the express command of the Governor or those authorised by him, or refused to lay down arms and submit to ordinary justice when commanded, they were to be subject to severe penalties. It was further directed that any person who contrived to betray or deliver the island, or any of its forts, castles, ports or places, or any ships or vessels belonging to the English, into the hands of another nation, or who maintained correspondence or intelligence with declared enemies, and was convicted by a jury of twelve men, was to be sentenced to death and to forfeit all their estate to the East India Company. It was stated that such sentences were to be carried out unless the Governor, with the advice and consent of the majority of the Council, chose to pardon or remit part of the punishment. It was then noted that several English ships had recently been sent from England on private accounts to trade in the East Indies, to the great prejudice of the Company’s trade and in contempt of His Majesty’s Royal Charter, by which exclusive rights of trade had been granted to the Company and all other subjects were prohibited from engaging in such trade. It was further stated that such interloping ships, upon their return, had been relieved, accommodated and supplied on the island, with the remaining portion of the text unclear and therefore represented as [...]. Interpretations Speculations | |
22 | (22) their necessi[t]ys at the said Island of St Helena and whereas we are Credibly Informed that severall private Persons are fitting and sending out severall other ships and vessells in a warlike to trade and Merchandize to the said East Indies Contrary to his said Majesties Royall Charter granted to us as aforesaid 7 Now therefore in as much as it is no way agreeable to those Dutifull Resentments which we have and ought to have of his said Majesties speciall Grace and favour in granting the said Island to us that the same should be made use of for the Refreshing & accommodating their ships servants and people who presume to trade to the said East Indies Contrary to his said Majesties Royall Charter and in high Contempt of his Majesties Royall Prerogative in that behalf nor was the said Island granted unto us to that End that it should be made use of for the Encouragement of such Disloyall persons in such their Disloyall attempts 8 We the said Govern[o]r and Company of Merchants of London trading into the East Indies do therefore by these presents ordain and require the same to be strictly observed as a standing ordinance and Rule within the said Island that no person or persons Inhabiting or shall hereafter Inhabit therein do presume to trade or Traffique with or any way relieve or Supply with Necessarys any person or persons belonging to any ship or vessell that shall Come to the said Island Untill such time as our Govern[o]r of the said Island shall have allowed and admitted such ship or vessell and the persons thereunto belonging a Liberty of Trade & Refreshment on the said Island Upon paine that every offender herein if he be one of our said Serv[an]ts shall forfeit and pay the summe of Twenty pound and if he be any other Inhabitant of the said Island the summe of Ten pounds Starling to the use of us and our Successors for Every such offence 9 And we do further ordain and strictly Charge and require our said Govern[o]r of the said Island that he do not give or grant any such Liberty of Trade or Refreshment on the said Island to any English ship or vessell or any person or persons belonging to any English ships or vessell that shall Come to ye said Island | A further passage was presented in which it was stated that ships engaged in unauthorised trade to the East Indies had been supplied with necessities at the Island of St Helena. It was further reported that several private individuals were preparing and dispatching additional ships, equipped in a warlike manner, to trade in the East Indies in violation of His Majesty’s Royal Charter. It was then declared that such conduct was not consistent with the duty owed to the King’s favour in granting the island to the East India Company. It was stated that the island was not to be used for the refreshing or accommodation of ships, servants or persons engaged in such unauthorised trade, which was described as being in contempt of the King’s prerogative. It was further emphasised that the island had not been granted for the purpose of encouraging such disloyal activities. It was therefore ordained, as a standing rule and ordinance to be strictly observed, that no inhabitant of the island was to trade with, supply or otherwise assist any person belonging to any ship arriving at the island unless the Governor had first granted that ship and its company permission for trade and refreshment. It was ordered that any servant of the Company who violated this rule was to forfeit and pay the sum of twenty pounds for each offence, while any other inhabitant was to forfeit and pay ten pounds sterling for each offence, both sums being payable to the Company and its successors. It was further directed that the Governor of the island was not to grant any such liberty of trade or refreshment to any English ship or vessel, or to any persons belonging to such ships, arriving at St Helena. Interpretations Speculations | |
23 | other then such Shipp and vessells and their men that shall come there in our service and that upon the Discovery of any English Ship or Vessell that shall come to or be upon the said Island he do forthwith make care and publique proclamation in the said Island That none of the said Inhabitants thereof do presume to trade or Traffique with or any way Relieve or Supply with Necessarys or otherwise Refresh or Accommodate such Ships or Vessells or any person or persons belonging thereunto untill the said Govern[o]r shall by a like Proclamation Declare and Publish a Liberty so to do which he shall by no means Declare or suffer unless our said Govern[o]r have express order from us signified under the hands of three or more of the Court of Committees whereof the Govern[o]r or his Deputy to be one or that the Commander or Marriners of such Ships or Vessells or any of them shall and do voluntarily and of their Accord Deliver up such Ships or Vessell with their Lading into his possession And in such case Delivery up of such Ships our said Govern[o]r of St Helena shall not only grant unto such Commander or Marriners free and full Liberty of Trade and Traffick in the said Island and with the Inhabitants thereof But also relieve & Supply them with such Necessarys & Conveniencies as the said Island will Afford and shall also deliver to them Respectively all the Goods and Merchandizes belonging to them or any of them in such Ships or Vessells the same being no part of the joint Generall Cargo thereof and shall also Entertaine such master & Marriners into our service (if they be willing to be Entertained therein) for such monthly or other wages & Salary as our Govern[o]r & they can agree on and shall take care to procure them passage with their goods on our next Ships or Shipps which shall Arrive at ye said Island bound home for England upon the arrivall of which Ships or Shipps in England the said Master & Marriners their respective Execu[tor]s Administrators or Assignes shall receive such wages or salary as our Govern[o]r of ye said Island of St Helena shall have made due to them And in such case of the free & Voluntary Delivery of such Ships or Vessell into the hands and possession of our said Govern[o]r of St Helena as aforesaid We do appoint and order that the said Govern[o]r do forthwith take care on shore and make a true perfect Inventory in Writing of all such Goods & Merchandizes as shall be so delivered into his hands and cause two Coppys at least thereof to be fairly Written out Attested by five or six Credible Witnesses at ye least and send [...] | A further passage was presented in which it was directed that no exception to the prohibition on trade or assistance was to be made except in the case of ships and vessels arriving in the service of the East India Company. It was ordered that, upon the arrival or discovery of any English ship or vessel at the Island of St Helena, the Governor was immediately to issue a public proclamation forbidding all inhabitants from trading with, supplying or otherwise assisting such ships or their crews until further notice. It was further required that no liberty of trade or refreshment was to be granted unless the Governor issued a subsequent proclamation permitting it, and such permission was not to be granted unless express authority had been received from the Company, signified under the hands of three or more members of the Court of Committees, including the Governor or his Deputy. An exception was made where the commander or mariners of such ships voluntarily surrendered the vessel and its cargo into the possession of the Governor. In such cases of voluntary surrender, it was directed that the Governor was to grant the commander and mariners full liberty to trade on the island and to be supplied with such necessities and conveniences as the island could provide. It was further ordered that all goods and merchandise belonging personally to the commander or mariners, and not forming part of the general cargo, were to be returned to them. It was also provided that such individuals were to be offered employment in the Company’s service, if they were willing, upon such wages or salary as might be agreed. It was then required that the Governor was to arrange for their passage, together with their goods, on the next Company ships bound for England. Upon arrival in England, the commander and mariners, or their legal representatives, were to receive the wages or salary agreed by the Governor. It was finally directed that, upon the voluntary surrender of any such ship or vessel, the Governor was to take immediate possession of the cargo and to prepare a full and accurate written inventory of all goods and merchandise received. At least two copies of this inventory were to be made, attested by five or six credible witnesses, and transmitted as required, with the remaining portion of the text unclear and therefore represented as [...]. Interpretations Speculations | |
24 | (24) one of those Coppys to us by the Next opportunity Given under our Common Seale the day | A further passage was presented in which it was directed that one copy of the inventory of any ship and its goods delivered into the Governor’s possession was to be sent to the East India Company at the next available opportunity. It was stated that, after the Company had informed the King of the matter, further orders would be issued regarding the disposal of such ships and goods. It was then provided that, notwithstanding the previous restrictions, if any English ship or vessel not in the Company’s service arrived at or near the Island of St Helena, and it appeared to the Governor that such vessel had traded only to Madagascar or nearby regions for slaves, it was lawful for the Governor to grant that ship and all persons belonging to it full liberty of trade and refreshment on the island. This liberty was to be granted upon such terms and agreements as the Governor considered appropriate. It was stated that this exception was to apply regardless of anything previously set out to the contrary. The passage concluded by noting that these orders were issued under the Company’s common seal, dated as previously stated. Interpretations Speculations | |
25 | (23) Our Govern[ou]r & Coun[cill] of St Helena: London 14 March [17]01. That we may be clearly understood by you, we tell you again briefly, that all Forreigners Dutch French, Portugueze, Danes who touch at our Island shall only pay the duty of Anchorage being 5s for a ship Bigg or Little. But all English as well bound for India as well homewards besides anchorage the duty of Tunnage aforementioned, which you are to receive from every English ship, before you do admit them trade or Refresh ment from the said Island Any small Ship that shall put in here to the purpose mentioned in the former part of this Letter or upon any other acco[unt] Ex cept trading within the Char[ter] in India, we understand should pay [...][...] the sum of [...] [...] of the ships / Besides the duties before mentioned which you are to Receive from all English Ships, that shall trade in India or at Madagascar or at any other place within the Limits of our Charter, without our special Licence, We do hereby further Require you to demand and Receive of such Shipps and all others before you admitt them any trade or Refreshm[ent] from the Island whether the Ship be great or small English or Forreigne in our Service or not in our Service five Shillings for Anchorage of Each Shipp, for Every Voyage she shall come to Anchor in our said Island of St Helena. Wee do hereby Licence strictly forbid all persons upon our said Island of St Helena from Selling or Uttering by way of Retayling Arrack Punch, Beere, Wine or other Liquors, or Tobacco, Except only such and so many persons as shall obtain a Licence for so doing under the hand and seale of our Govern[ou]r for the time being. And | A further passage was presented in which instructions were issued to the Governor and Council of St Helena, dated London, 14 March 1701. It was stated that clarification was being given regarding duties to be levied on ships arriving at the island. It was directed that all foreign ships, including those belonging to the Dutch, French, Portuguese and Danes, were to pay only the duty of anchorage, fixed at five shillings for each ship, whether large or small. It was further ordered that all English ships, whether bound for India or returning home, were to pay, in addition to anchorage, the duty of tonnage previously specified. It was required that these duties were to be collected before such ships were permitted to trade or receive refreshment on the island. It was also stated that smaller ships entering the island for the purposes previously mentioned, or for other reasons, except those trading within the Company’s charter in India, were to pay a specified sum, although the exact amount was unclear and therefore represented as [...]. It was then directed that, in addition to the duties already mentioned, all English ships trading in India, Madagascar or any place within the limits of the Company’s charter without special licence were to pay further charges. It was required that, before being permitted to trade or receive refreshment, all such ships, and indeed all others regardless of size, nationality or service, were to pay five shillings for anchorage for each voyage upon which they anchored at St Helena. It was further ordered that all persons on the island were strictly forbidden from selling or retailing arrack, punch, beer, wine or other liquors, or tobacco, unless they had obtained a licence to do so under the hand and seal of the Governor. Interpretations Speculations | |
26 | (26) (595) 8. And we do hereby further Require you (596) 9. Send us likewise a perfect List of all our Stores
(597) 12. If any of our Councell shall be remiss or Negligent | A further passage was presented in which it was directed that the Governor was to send, at least once each year, an exact list of all officers and soldiers on the Island of St Helena. This list was to distinguish each individual by name and indicate whether they were married or unmarried, and whether they were also planters. It was further required that the number of marriages and christenings occurring each year was to be recorded. A complete list of all planters on the island was also to be provided, with each name marked to show marital status, together with columns indicating the number of slaves held by each planter and the number of their children. It was emphasised that this requirement was to be fulfilled precisely, and that failure to do so would incur displeasure and jeopardise the Governor’s position. It was then ordered that a complete and accurate inventory was to be sent of all stores of every kind, including the number and nature of all ordnance, powder, shot, arms and ammunition. It was further required that a full account was to be provided of all debts owed by the Company, including salaries, wages and other obligations, as well as all monies owed to the Company, specifying from whom and for what purpose. Detailed accounts were also to be given of all provisions in store, including their quantities, and of all sums of money due, with the types of currency specified. It was stated that these reports were necessary to enable the Company to direct more precisely and effectively the government and management of its affairs on the island. It was further directed that an account was to be provided of all cattle and other livestock held on the Company’s plantation, as well as of all slaves employed there. It was noted that, for want of money, there had been occasions when slaves had been sold to obtain provisions or to supply ships from Madagascar. It was expressed that the Governor, in whom sole trust for the plantations was placed, was expected to manage them in such a manner that profit would eventually be derived from them. It was then ordered that, if any member of the Council was found to be remiss or negligent in carrying out the government or in executing the Company’s laws and orders, the Governor was granted full power and authority to suspend or remove such persons from the Council or from any employment they held. It was further provided that such individuals were to be deprived of any salary or benefit arising from their position until they were restored by the Company’s own order and appointment. The passage concluded with the continuation of this directive, the remaining portion being unclear and therefore represented as [...]. Interpretations Speculations | |
27 | (27) Said Governour to do of himself at his own discretion with or without the consent of the Rest of our Councell thereunto. Your Loving Friends &c. Book N. B. Letter No Our Governr and Councill at St Helena London 1st August 1683 Letter N° 24 (598) 2. Now upon perusall of your Consultation book and observation of the Trivall causes that do fall under your decision, and the fewness of your Inha- bitants yet we think such a formall proceeding as we have prescribed by aforesaid System of Lawes, would rather be a burthen then a Benefitt to our Island at present, and that therefore you may proceed to determine causes on that Method you have already begun and continue which your Inhabitants are not only acquainted but very well Satisfied. But in case of the Taking away of life limb or lands we would have you proceed according to that Method by Jurors. That System we sent you was for the most part drawn from the Modell of Lawes we Established upon our Island of Bombay where the Number of the Inha- bitants are Computed at 20000 but upon Recollection finding your whole Number of Men Women Servants and children not to Exceed Five Hundred we think it best for the present the Method you are in may be best for our service and the good of the Island Except in Capitall causes as aforesaid. The List you have sent us with severall Columns for Men Women Servants and Children we do well approve of and do require you to send us the same List once every year and if any planter or Leasor shall refuse or upon demand deny or give you such an Account shall give you a false Account we do hereby Impower you to punish such offenders as aforsaid at the time of such offence as you shall see cause by fine or other and Chattels or otherwise. | A further passage was presented in which it was stated that the Governor was authorised to act on his own discretion, either with or without the consent of the rest of the Council, in matters of suspension or removal of councillors as previously directed. It was then recorded, in a letter addressed to the Governor and Council at St Helena and dated London, 1 August 1683, that upon reviewing their consultation book and observing the nature of the causes brought before them, together with the small number of inhabitants, it had been determined that the formal system of laws previously prescribed would be more burdensome than beneficial at that time. It was therefore directed that they should continue to determine causes according to the method they had already adopted, with which the inhabitants were familiar and satisfied. It was further instructed that, in cases involving the taking away of life, limb or land, proceedings were nevertheless to follow the formal method by juries. It was then explained that the previously transmitted system of laws had been largely based upon the model established on the Company’s island of Bombay, where the population was estimated at twenty thousand. However, it was observed that the total number of men, women, servants and children on St Helena did not exceed five hundred. For this reason, it was considered more appropriate that the existing, simpler method of proceeding should continue to be used for the present, except in capital cases as specified. It was further stated that the list previously submitted, containing several columns for men, women, servants and children, had been approved. It was required that such a list was to be sent annually. It was also ordered that, if any planter or lessee refused to provide such an account, or provided a false account, the Governor was empowered to punish the offender at the time of the offence by fine or other penalties, including the seizure of goods and chattels or by other means as deemed appropriate. Interpretations Speculations | |
28 | B. folio 2. Wee finde by the List of Guns fired, sent us by Capt In Beale three hundred and odd Guns, which is so strange a Waste, that we cannot thinke our Governour can have been Guilty of Especially considering that Island hath cost us Seventy thousand pound without One penny profit hitherto by more then Refreshment to our Ships which all Strangers have had as well as our Selves But most Impudent was to Salute Interlopers, and is Well proved that our Minister Mr Church (if our Information be true) be first aboard the Interloper Pitts, that came in last voyage and to entertain him at his house. For the future we require you to suffer no person under you with go on board any Interlopers Ships without the Governour first a Licence in his Writing, and if any shall transgress this Order Every person to pay a Fine of Ten Shillings for the Compy use for each offence. For answering Salutes, Wee do Enjoyn for the future that Never above the Number of Three Guns be fired to any of our Ships at Arrival nor any Guns for landing going from or the landing or going aboard of any person, nor more then Three nor above the Number of Seven to any French, Dutch, or other Europeans, nor any at all upon any Occasion to any Interlopers. And we do Require an Account yearly to be sent us of the Gunners of the Forts how and for what Guns fired yearly and upon what Occasion, and that none be fired hereafter upon any Occasion whatsoever Except by our Governours (for the time being) his Order. Wee Observe it common to every Planters Town or family Acre of Land to keep Watch and Ward every such a Night which is two Months of the year, and that such as do hire their duty to be done for them pay Fourty Shillings p Annumm for it and therefore we have thought fit that the said Fourty Shillings p Annumm upon every Twenty Acres of free hold Land, shall hereafter be paid in money to the Governour yearly and the Planters discharged of such custom which upon warning any Alarming Bell notwithstanding all free Planters, and all persons living within the Island, that are able to bear Arms (except the Blacks) shall be duly quartered as they have been and stand upon all Alarms to appear at their respective quarters, on horse under same penalty upon the Defaulters that have been formerly used, or such greater penalty as our Governr & Councell shall think fit to Impose upon them as shall deserve according to the quality of their offence and as to all Lands formerly granted Lands at Governours discretion shall be resumed or otherwise disposed as he shall see cause. | A further passage was presented in which it was recorded that, from a list of guns fired sent by Captain Anthony Beale, more than three hundred guns had been discharged. This was described as an extraordinary and unacceptable waste, which it was stated could not reasonably be attributed to the Governor. It was further observed that the island had cost seventy thousand pounds without producing any profit, apart from serving as a place of refreshment for ships, which had been extended not only to the Company’s own vessels but also to foreign ships. Particular disapproval was expressed at the saluting of interloping ships, and it was reported that the minister, Mr Church, had boarded an interloping vessel named Pitts and had entertained its commander at his house, if the information received was accurate. It was then directed that, in future, no person was to go aboard any interloping ship without first obtaining written licence from the Governor. It was ordered that any person transgressing this rule was to pay a fine of ten shillings for each offence, to the use of the East India Company. It was further ordered that, for the future, no more than three guns were to be fired in salute to any Company ship upon arrival, and no guns were to be fired upon landing or departure of any person. It was also directed that no more than three, nor more than seven guns, were to be fired in salute to French, Dutch or other European ships, and that no guns were to be fired on any occasion whatsoever in honour of interloping vessels. It was then required that an annual account was to be sent detailing the firing of guns from the forts, including how many were fired, for what purpose and on what occasions. It was further ordered that no guns were to be discharged on any occasion except by order of the Governor. It was also observed that it had been customary for each planter’s household or acreage to provide watch and ward duties for a portion of the year, amounting to approximately two months. It was noted that those who hired others to perform this duty paid forty shillings per annum. It was therefore ordered that this sum of forty shillings per annum for every twenty acres of freehold land was henceforth to be paid in money to the Governor, and that planters were to be relieved of the obligation of personally performing such duty. It was further directed that, notwithstanding this change, upon the sounding of an alarm bell, all free planters and all persons residing on the island who were capable of bearing arms, except slaves, were to assemble at their assigned posts on horseback as previously required. It was stated that failure to do so would incur the same penalties as before, or greater penalties at the discretion of the Governor and Council, according to the nature of the offence. Finally, it was stated that all lands previously granted were to remain subject to the Governor’s discretion, and might be resumed or otherwise disposed of as he considered appropriate. Interpretations Speculations | |
29 | (29) The party so paying his full debt the Governr shall not only give him a discharge under his hand and seale But also a deed or grant from the Compy for the Tenure of his lands to be holden of the Company according to a form sent our Governr herewith, to which all Witnesses Our Governr and Councell shall signe, and the Register attest mentioning the Folio of the Register book, wherein each land is Registered, for which the Free planters as also the Leasees shall only pay the Register two shillings and sixe pence. And when any Land shall be hereafter Sold or alienated, given or Devised, the same so Bargained, Given or Devised shall be Null and Voyd to the Purchaser, Inher [...] or Legatee, Except such Bargaine alienation, gift or Devise shall be Registred in the said Register book, with in one Month next after the Date of such Bargaine, Sale alienation, gift, or Devise, for the said Fee of two shillings and sixe pence only, and twelve pence p Acre for Regi [...] to the Company as Lords Proprietors of the same. Wee do further order that no person whatsoever presume to cutt any Timber tree upon the Companys ground or any tree of their owne growing to be Timber upon the penalty of twenty shillings for every offence. 4.20 Wee have formerly prohibited our Free Planters from buying any Negroes upon this Reason Vizt Least the Number of the Negroes upon the Island Exceeding the Whites, should become formidable and Dangerous to ye Inhabitants and the security of our Island, But upon further thinking of this Matter, considering also [...] that there are in Barbados especially Field Negroes and Blacks for Servants &c called Whites, and yet are kept in Subjection each to other Garrisons help the Planting themselves, and considering that the Soyle and Climate of that Island is fitt for production of Commoditys of a better Nature then this Island, & Planters being willing that our Inhabitants and free planters should not only Live, but grow Rich, as we know they will if they may have hands to cultivate their Plantations, as they have in Barba does, Jamaica & other Worse places, We have therefore thought fitt to [...] that Restraint from our Free planters of buying of Negroes upon this Condition that Every free planter shall be obliged [...] to keep to the Number of [...] Negroes that shall be alowed [...] what he ought to do by former Orders, and our Orders keep one English man both to be named at all alarms or every person [...] with [...] acres of land to pay our Governr for [...] use Twenty shillings p Annum or such further [...]``` | A further passage was presented in which it was directed that, upon a party paying their full debt, the Governor was to issue a discharge under his hand and seal. In addition, a deed or grant was to be provided from the East India Company confirming the tenure of the individual’s lands, to be held according to a prescribed form sent to the Governor. It was required that this document was to be signed by the Governor and Council, and attested by the Register, with reference made to the folio of the register book in which the land was recorded. It was further stated that both free planters and lessees were to pay only two shillings and six pence to the Register for this service. It was then ordered that, when any land was sold, transferred, given or devised, such transactions were to be considered null and void unless they were registered in the official register book within one month of the date of the transaction. A fee of two shillings and six pence was to be paid for such registration, together with twelve pence per acre payable to the Company as the lords proprietors of the land. It was further directed that no person was to cut any timber tree on the Company’s land, nor any tree of their own suitable for timber, under a penalty of twenty shillings for each offence. It was then stated that a previous prohibition had been placed upon free planters purchasing slaves, on the grounds that an excessive number of slaves in comparison to the white population might become dangerous to the inhabitants and threaten the security of the island. However, upon further consideration, and with reference to conditions in places such as Barbados, where slaves were numerous yet maintained under control, it was judged that such a restriction might be reconsidered. It was observed that the soil and climate of St Helena were capable of producing valuable commodities, and that planters might prosper if they were provided with sufficient labour. It was therefore indicated that the earlier restriction on the purchase of slaves by free planters was to be removed, subject to certain conditions. These conditions included limits on the number of slaves permitted, obligations previously imposed upon planters, and requirements relating to the maintenance of at least one Englishman, as well as financial payments to the Governor for the Company’s use. The precise details of these conditions were partially unclear and therefore represented as [...]. Interpretations Speculations | |
30 | (30) B. folio 5. As we have hereby ordered every free Planter to do and so proportionably Vizt for One Negroe Ten shillings, for two Negroes twenty shillings, for three Negroes thirty shillings &c. The Reason of which Order is as the Negroes do In crease upon the Island it will be Necessary for the Company proportionable to encrease their Garrison and soldiery for the security of the Inhabitants as well as of the Island. And because no trade can be Maintained Re gularly without a Register of accounts Duly kept and that whereever persons or trade are presented some Dutys ought to be paid, Wee do hereby Establish a small Duty to be Levyed upon all the Trade of the Island, as we have done at Bombay Fort St George and all other places where wee or any other Europeans have made any Settlement Vizt. For every Oxe or Neat Beast sold a sole boote six pence paid for killing of such Oxe or Neat Beast, for every Oxe or other Neat Beast sold and sent to the Ships or on Board any Shipp six pence. For every hundred weight of sugar landed - - - 0:0:6 For Every hogshead of Arrack landed - - - - - 0:50:0 For Every hogshead of Wine - - - - - - - - - - 0:50:0 For Every piece of Callico - - - - - - - - - - 0:0:6 For a piece of Silke - - - - - - - - - - - - - 0:1:0 And proportionable for a lesser or a greater quantity of said Commoditys, for Every Madagascar Shipp besides the former duty of two shillings p head of man and five shillings Anchorage, shall leave with the Governour for the use of one able Negroe a Man or a Woman or the Governour Election, Every one of the Companys ships, or ships in the Companys service shall leave with the Governour besides five shillings for Anchorage one Barrill of service able Gunn powder. Wee heare very scandalous Reports of Loose Women going on board our ships, for the future suffer none to go on board upon any pretence without a licence in Writing from the Governour and if any offend therein you are to force them to a fine of two shillings six pence for the first offence, five shillings for the second and Ten shillings for the third offence and so Banish them from the Island for all such offences and to take care you have no loose women kept from these wicked and scandalous practises & compell all things to be sold in open & free markets on shore and nothing to be sould on board ships & if any shall trans gress his order compell them to pay treble Customes otherwise you are to give them no Trade nor suffer them to land their goods on shore as it is in all other parts of the World in all places where there are any Forts or Garrisons. | A further passage was presented in which it was directed that every free planter was to make payments proportionate to the number of slaves held. It was specified that, for one slave, ten shillings were to be paid annually, for two slaves twenty shillings, for three slaves thirty shillings, and so on in proportion. It was then explained that the purpose of this order was that, as the number of slaves on the island increased, it would be necessary for the Company to increase its garrison and soldiery in proportion, in order to ensure the security of both the inhabitants and the island. It was further stated that, because trade could not be properly maintained without a duly kept register of accounts, and because duties ought to be paid wherever trade was conducted, a system of duties was to be established on all trade within the island. It was noted that similar duties had been imposed at other settlements, including Bombay and Fort St George. It was then set out that specific duties were to be levied, including a payment of six pence for the killing of every ox or neat beast, and a further six pence for each such animal sold or sent aboard ships. A duty of six pence was to be charged for every hundredweight of sugar landed. Duties of fifty shillings were to be imposed for each hogshead of arrack and for each hogshead of wine landed. A duty of six pence was to be charged for each piece of calico, and one shilling for each piece of silk, with proportional adjustments for greater or lesser quantities. It was further ordered that every ship arriving from Madagascar, in addition to previous duties of two shillings per head and five shillings for anchorage, was to deliver to the Governor one able slave, either male or female, at the Governor’s discretion, for the Company’s use. It was also required that every ship belonging to, or in the service of, the Company was to deliver, in addition to the anchorage fee, one barrel of serviceable gunpowder. It was then reported that scandalous behaviour had occurred involving women going aboard ships. It was therefore ordered that no woman was to go aboard any ship without a written licence from the Governor. It was directed that any person offending in this matter was to be fined two shillings and six pence for the first offence, five shillings for the second, and ten shillings for the third, after which the offender was to be banished from the island. It was further required that no such disorderly conduct was to be tolerated, and that all trade was to be conducted openly in markets on shore, with no goods to be sold aboard ships. It was ordered that any person violating this rule was to pay treble customs, and if they refused, they were to be denied all trade and not permitted to land their goods, in accordance with the practices observed in other fortified settlements. Interpretations Speculations | |
31 | (31) For any other Commoditys for which no rate of Custome is hereby sett you are at your discretion to sett such mode rate rates as may not be Burthensome to the Inhabitants, and may beare some proportion to the Rates of Valuation of the Commoditys as aforesaid. Suffer no person to sell Arrack, Brandy, Punch, Wine or any other strong Liquor by Retale without a Licence from our Governour under his hand and seale and let no person have any Licence for above One year for wch each person shall pay Ten shillings p annum to the Compy. Bee very severe against Robbers and Pilferers and besides the Punishment Appointed by our System of Lawes, if any be found guilty of such Misdemeanors a Second time force the offender to weare about his Necke an Iron coller or hamper him for one whole year, or an Iron lock about his right Legg. Wee think for the Publique Utility of our Island you should upon Easter Monday in Every Year (or upon some other certain day that you shall think more convenient) Assemble all the free Planters of the Island to make Election of two Surveyors of the High ways and one Church Warden for each Church, the manner whereof shall be that the free Planters by their Major Vote present foure to the Governour for Overseers, and two for Church Wardens out of which foure the Governour to choose two, who shall be Surveyors for that year and out of the two to choose one that shall be Churchwarden. But our Expresse Order and Constitution is that none and for ever no Leasees whatsoever, nor Officers nor other persons whatsoever shall at any time have vote or Suffrage for Election of any Island or Parish Officers, but only such as are free Planters, setled in their Possessions and Inheritances and their Successors before the Receipt of this Letter, whom we shall alwayes Esteeme and Honour as the first Occupants and Gentlemen Freeholders of that Island, for such we hope their Heirs will approve to be and to have Studd Sufficiency to Maintain the Dignity of that Title and Defend their country on horse back. But if in time to come through the thrifty and good Management of some and the Debauchery, folly and Ignorance of others, any of our present free Planters upon twenty Acres of Land should come to be possessed of greater proportions of Land by buying or the Inheritance of their poorer Neighbours, We will be there of | A further passage was presented in which it was directed that, for any commodities not already assigned a fixed rate of customs, the Governor was to establish moderate duties at his discretion. These were to be proportionate to the value of the goods and not burdensome to the inhabitants. It was then ordered that no person was to sell arrack, brandy, punch, wine or any other strong liquor by retail without a licence granted by the Governor under his hand and seal. It was further required that no such licence was to exceed one year in duration, and that each licensed person was to pay ten shillings per annum to the East India Company. It was also directed that strong measures were to be taken against robbers and pilferers. In addition to the punishments already established under the existing system of laws, it was ordered that any person found guilty of such offences for a second time was to be compelled to wear an iron collar about the neck, or to be restrained with an iron shackle on the right leg, for a period of one year. It was further stated that, for the public benefit of the island, an annual assembly of all free planters was to be held, preferably on Easter Monday or another suitable day. At this assembly, elections were to be conducted for two surveyors of highways and one churchwarden for each church. The process was specified such that the free planters were to nominate four persons for the role of surveyors and two persons for the role of churchwarden. From these, the Governor was to select two surveyors and one churchwarden for the year. It was then expressly ordered that no lessees, officers or other persons were to have any right to vote or participate in the election of island or parish officers. This right was reserved exclusively for free planters who were settled in their lands and inheritances, together with their successors. These individuals were described as the first occupants and freeholders of the island, whose status and responsibilities were to be maintained by their heirs, including the defence of the island. It was further noted that, if over time certain free planters came to possess larger proportions of land through purchase or inheritance, particularly as a result of the decline or mismanagement of others, further provisions would be considered, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
32 | (32) [...] or that such persons so Increasing of Land or Inheritance shall notwithstanding have but one Vote in all future Election of Officers. And we do order that for the Publique utility of the Island every person as well free planters shopkee pers, Leasees, Artificers, and all Servants, Labourers and Negroes shall afford one Days labour in every year for the Repair and Meliorating of the high wayes when they shall be summoned thereunto by our said Surveyors by a Warrant directed to them from our Governour and Councell in which your Discretion will lead you to consider how many and from what quarters to summon one day and how many upon another day best so as in the whole every Man upon the Island shall do one days work upon the said high way in each year or pay for a days work to the Overseers, and no man whatsoever above One days work in one whole year. If any Oxe or other Beast be sold and not duely Entered in the Companys Toll book the bargaine is to be null and voyd and so are all bargaines for houses or Land if not Registered as aforesaid and in case of such Omission the Seller shall forfeit treble Toll to the Compy and the Buyer of any house or Land unregistred shall pay the Company Double Fees for Registering an alienation of any such house or Land so clandestinely sold or alienated. Wee do confirme the rate of Twelve shillings in Money or Goods to be paid by every East India Interloper that comes hither before our Governour suffer any such ship or any person upon her to have Water or any other Refreshment, by this Paragraph we intend not to give any allowance for Interlopers to trade or Traffique at our Island, But in case to save their lives there be necessity of Releiving them in such case only you are to take the said Twelve shillings and suffer them to have Refreshment for their Money. And we do hereby strictly forbid all Persons upon the Island from suffering any Cattle to stray or as our Law saith to be levant and couchant upon the Compa nys Waste Lands except such only as shall be first Marked with the Companys Mark, such brands which we send you herewith The Cattle suffered to feed upon the Companys Waste being to be marked upon May day in every year or some other convenient time. | A further passage was presented in which it was stated that, where individuals came to hold increased amounts of land or inheritance, they were nevertheless to retain only a single vote in all future elections of officers, regardless of the extent of their holdings. It was then ordered that, for the public benefit of the island, all persons, including free planters, shopkeepers, lessees, artificers, servants, labourers and slaves, were each to provide one day’s labour annually for the repair and improvement of the highways. This labour was to be performed when summoned by the surveyors, acting under a warrant issued by the Governor and Council. It was specified that the Governor’s discretion was to determine how many persons were to be summoned at different times, so that, in total, each individual contributed one day’s work per year, or otherwise paid for a day’s labour. It was expressly stated that no person was to be required to perform more than one day’s work in any year. It was further directed that, if any ox or other beast was sold without being duly entered in the Company’s toll book, the transaction was to be considered null and void. Likewise, all sales or transfers of houses or land were to be void unless properly registered. It was ordered that, in such cases, the seller was to forfeit treble toll to the East India Company, and the buyer was to pay double fees for registering the transaction where it had been conducted clandestinely. It was then confirmed that a payment of twelve shillings, whether in money or goods, was to be required from any interloping ship arriving at the island before the Governor permitted it to obtain water or other refreshment. It was clarified that this provision did not grant any right for such ships to trade, but only allowed relief in cases of necessity, such as to preserve life. It was further ordered that no person on the island was to allow cattle to stray or graze upon the Company’s waste lands unless such animals had first been marked with the Company’s brand. It was directed that cattle feeding on these lands were to be marked annually, on May Day or at another convenient time. Interpretations Speculations | |
33 | (33) [...] certaine day as the Governour shall direct until the owners of such beasts are to pay the Company Twelve pence and pay twelve pence p head for being suffered to graze one year upon the Companys Waste Land as is used here in Forrests and other places where we have Commons Foris in England the Lawyers call it. And though we shall esteeme (as all Lords of Man ners here do) it fine and Ransome be made at the owners pleasure all Cattle found stray upon the Companys Waste to be the Companys Own Property Goods and Chattels that have no mark of the Companys that mark such brands upon them yet we think it very Requisite that all the Companys Cattle should be marked on each horne with a distinct Mark, to the end that if any of them (by all men) should be killed or dye the same may be known to be the Companys when they are sold. And in Regard in all parts of the known World and amongst all sorts of Religions, the Inhabitants after they are once settled do pay something towards the Charge of a Minister We do hereby order and Direct that every Master or Mistris of a family or what Indians soever shall yearly pay six pence p head for every person yearly, Man or Woman, Whites or Blacks, above the age of sixteene years for and towards the Companys charge of Building the Church and maintaining of a Minister the first pay whereof to commence and be paid upon the Feast of St Michael the Archangell which shall be in the year of our Lord God 1684. Wee do likewise order that no Blacks do use fire Armes, for shooting of Guinean Hens, or upon any other pretence whatsoever upon the penalty of the Blacks being severely whipt and his Service to be for Ever after forfeit to the Company if it can be proved that his Master did any way consent or connive thereat. You will do well in buying in that Plantation of Mr Smalls that is contiguous to ours if there be any part that you may conveniently purchase you will do well to take the first opportunity of Buying in for the Company or giving the Owners other Lands in liew thereof. Wee would have you fence in the feilds whole bottom of the great wood aforesaid which we understand is near two Miles square Your Loving Friends &c. | A further passage was presented in which it was directed that cattle found straying upon the Company’s waste lands were to be detained until the owners paid a fee of twelve pence per head, together with a further twelve pence per head for each year that such cattle had been permitted to graze there. It was noted that this practice followed established usage in England relating to common lands. It was then stated that, although it might be considered that unmarked cattle found straying on the Company’s lands could be treated as forfeited property, it was considered necessary that all cattle belonging to the East India Company were to be marked distinctly on each horn. This was to ensure that, in the event of their being killed or dying, they could be clearly identified as Company property when sold. It was further ordered that, as was customary in many parts of the world, inhabitants were to contribute towards the maintenance of a minister. It was therefore directed that every master or mistress of a household, and all persons above the age of sixteen years, whether white or black, were to pay six pence per head annually. This payment was to contribute to the cost of building a church and maintaining a minister, with the first payment to be made on the feast of St Michael the Archangel in the year 1684. It was then directed that no slave was to use firearms for shooting guinea fowl or for any other purpose. It was ordered that any slave found to have done so was to be severely whipped, and that, if it could be proven that the master had consented to or allowed such use, the slave’s service was to be forfeited to the Company. It was further advised that the plantation of Mr Smalls, which adjoined the Company’s lands, was to be purchased if possible. It was suggested that, where convenient, either the land was to be bought outright or the owner was to be compensated with other lands in exchange. Finally, it was directed that the fields at the bottom of the Great Wood, described as extending to approximately two miles square, were to be enclosed. The passage concluded with the closing “Your Loving Friends &c.”. Interpretations Speculations | |
34 | (34) Our Governr and London 22 August 1683 Councill at St Helena Letter N° 14 B Page 24 Wee think you were not severe enough to M r [....] in the Case of Contemptuous words to the Governour Such Insolencies have a Tendency to contempt of Authority Mutiny and Rebellion and therefore ought to be punished severely both in person and purse. Wee must desire you in all your Consultations not only to attend Regularity order and Justice but likewise the Comp s Profit and Interest and Trade or rather Reimbursement for the Charge they have been at on that place which is highly Reasonable as hath been Discovered at large before. Your Loving Friends &c A Clause in a second Charter of King Charles 2 d Dated August 9 th 1685 In the 35 th year of his Reigne. And also that the said Govern r and Deputy Govern r &c of the said Company for the time being or the Major part of them duly Assembled shall have full power licence and authority to name and appoint Governours and Officers from time to time in the said Forts and Factorys and Plantations which said Governours and Officers shall have and by these presents Wee do for us our Heires and Successors give them full power and authority to raise Armes Train and Muster such Military Forces as to them shall seem Requisite Necessary and to Execute and use within the said Plantations Forts and places the Law called the Martiall Law for the Defence of the said Forts places and Plantations against any Forreign Invasion or Domestick Insurrection or Rebellion and to follow such Orders Directions and Instructions as from time to time shall be given them by the Governour or Deputy Governour and Court of the said Company or the Major part of them The Soveraign Right Power and Dominion Over all the said Forts Places and Plantations to be at any time settled in the parts aforesaid. | A further passage was presented in a letter addressed to the Governor and Council at St Helena, dated London, 22 August 1683. It was stated that insufficient severity had been shown in dealing with an individual, identified as Mr [...], in relation to contemptuous words spoken against the Governor. It was observed that such behaviour had a tendency to undermine authority and could lead to mutiny and rebellion. It was therefore directed that such offences were to be punished more severely, both in person and by financial penalty. It was further instructed that, in all consultations, attention was to be given not only to regularity, order and justice, but also to the profit, interest and trade of the East India Company. It was stated that such considerations were necessary to ensure reimbursement for the considerable expense incurred in maintaining the island. A subsequent passage referred to a clause from a second Charter granted by Charles II of England, dated 9 August 1685, in the thirty-fifth year of his reign. It was declared that the Governor and Deputy Governor of the Company, or the majority of them when duly assembled, were to have full power, licence and authority to appoint governors and officers for forts, factories and plantations. It was further provided that such appointed governors and officers were to have full authority to raise arms and to train and muster military forces as they considered necessary. They were also empowered to exercise martial law within the said forts, plantations and places for the defence of those territories against foreign invasion, domestic insurrection or rebellion. It was stated that they were to act in accordance with such orders, directions and instructions as might be issued from time to time by the Governor, Deputy Governor and Court of the Company, or the majority of them. It was finally affirmed that sovereign right, power and dominion over all such forts, places and plantations were vested in the Company, with the concluding portion of the text remaining unclear and therefore represented as [...]. Interpretations Speculations | |
35 | (35) Our Govern r & Councell of St Helena London ye 3 Aug t 1687 B. 565.5 And in the first place we Require our Govern r to levy by Distress or otherwise Those Duties we formerly imposed upon the Inhabitants for their Blacks one shilling p head p Annum towards a Maintainance of the Church and Minister all Excuses sett apart. Woollford the Interloper from Madagascar when you had him in possession you should have detained his person till he had paid our Duties and not parted with him so tamely which we Require our Govern r never to do again in the like case and if he should we shall Satisfie our selves out of his Salary for the Duty of such Madagascar Interlopers that escape his hands after he hath the Command on shore. You must not hereafter Dispence with our Orders nor suffer the Inhabitants so to doe yourselves But make it your Business to Undeceive those Ignorant Inhabitants by Convincing them as the truth is That we are Invested by his Majesty with the Exercise of Soveraign power in that Island as well Legislative as Executive and that we will govern them as well as our Souldiers by Martiall Laws as often as we or you find it Necessary and as the Dutch do their Colonie in India. Wee see allow Duties and almost allow payment of goods come in by Cattle and therefore for the future we have ordered all our Shipps to Receive their Cattle immediately from the Company while you have any of ours fitt for their service and None from the Inhabitants but when you have not sufficient to furnish our Shipps with (which is the Duty you all the tyme and noe Necessary to be observed and Imitaley all our Governmts) But we intend to doe it with that moderation that it shall be rather a Benefitt then a hinderance to the Planters viz t you shall Receive from the Planters in truck for our commodityes as any tyme after the Rate of sixteene shillings p hundred for Beefe or as near that rate as you can Reasonably Judge for Cattle alive And you shall Deliver such cattle to the Command r on truck for Sugars or other Commoditys of India or Bills of Exchange upon us at the same rate of sixteene shillings p lb for Beefe which Sugars Arrack or other Commoditys of India so received into our Stores you may sell again to the Planters or Souldiers when they have occasion for it by Retale at the Reasonable profitt of Twenty p Cent w ch is a moderate gain upon such wasting Commoditys and will neither make them proud or Oppressive and for Men Distracted and Ungovernable | A further passage was presented in a letter addressed to the Governor and Council of St Helena, dated London, 3 August 1687. It was first directed that the Governor was to levy, by distress or other means, the duties previously imposed upon the inhabitants in respect of their slaves, namely one shilling per head per annum, to contribute towards the maintenance of the church and minister. It was stated that no excuses were to be accepted in avoiding this payment. It was then noted that, in the case of an interloper named Woollford from Madagascar, who had been in the Governor’s possession, he ought to have been detained until the required duties had been paid. It was criticised that he had been released without enforcement, and it was ordered that such leniency was not to be repeated. It was further stated that, if such a failure occurred again, the Company would recover the unpaid duties from the Governor’s salary. It was then directed that the Governor was not to dispense with the Company’s orders, nor permit the inhabitants to disregard them. It was required that the inhabitants were to be instructed and corrected in their understanding, so that they recognised that the East India Company was vested by the King with sovereign authority over the island, both legislative and executive. It was further declared that the Company intended to govern not only the inhabitants but also its soldiers under martial law whenever necessary, in a manner comparable to other European colonial powers. It was then stated that duties had been allowed to be paid in goods, particularly cattle, and that this practice required regulation. It was ordered that Company ships were, in future, to receive cattle directly from the Company’s own stock wherever sufficient supply existed, and not from the inhabitants unless necessary. It was emphasised that this principle was always to be observed, although it was to be implemented with moderation so as not to harm the planters. It was further directed that cattle might be received from planters in exchange for Company goods at a rate of sixteen shillings per hundredweight for beef, or a proportionate rate for live cattle as reasonably assessed. Such cattle were then to be delivered to ship commanders in exchange for goods from India, such as sugar, arrack or other commodities, or for bills of exchange upon the Company. These goods, once received into the Company’s stores, were to be sold again to planters or soldiers as needed, at a profit of twenty per cent. It was stated that this margin was to be considered moderate and was intended to avoid both excessive gain and disorder among those involved. The passage concluded with the observation that such moderation in trade and pricing would prevent disorderly conduct and maintain proper governance within the island community. Interpretations Speculations | |
36 | (36) B. 562. Orders to be put in Execution Except ye land Taxe. Ungovernable the only remedy is Law and severe Punishm t which you have now power to provide and Inflict at Discre- tion and which we require you to use to make Every order we gave you by S r Thomas Grantham and since to be inviolably observed Except the half Taxe that we laid upon the Plantations of two shillings p Acre. You must alwayes weare the Kings Flagg and force due Respect to be paid to it by all Shipps that come into that Road. Our Govern r is very much to blame in not doeing his Duty in keeping M r Smowke from Running so much into our Debt which he might have prevented by the Orders we gave him as heare inclosed Wee Require you to seize all M r Smowkes Cattle and possesse them and his Plantation into the Comp s hands and if you should Repulse or that he hath made over his Planta- tion and his Cattle to M r Joyner or his Son or slaves We must Answer you in that Maxime of the Law Nullum tempus Occurrit Regi nec Cessio and wee are in that Island with his Majesties Gracious Mission and so long as his Majesty Pleases in loco Regis and therefore all Conveyances Alienations Bargaines Sales & what ever else M r Smowke hath done of that kind to others since he Entred into Bond with us are of no force or Validity The Company must alwayes have the preference in all Debts as his Majesties justice doth here which you must ever observe as a standing Rule and Law on that Island. Wee require for the future that all goods be they Sugar Arrack or any other thing Received from our Commanders in truck for Cattle or otherwise be delivered to our Store Keeper and that he and you keep all accompts and keep all the accompts of our Island whatsoever although our Govern r keep the head Accompt of Cattle &c as formerly a coppy of which Accompt he is to deliver to our Island keeper from all Accompts and all our Accompts abstracted into one page of a Booke in which we require our Govern r and Store keeper that there be a Distinct Accompt kept of the Fort Expences as perticuler Accompt of the Charges of the Garrison and a perticuler Accompt of Plantation Expence That we may see at one View what it is that Eates out the Comp s Income and all the Estate they send to the Island and if Captain Holden can Instruct it we would have a Distinct Accompt | A further passage was presented in which it was directed that previously issued orders were to be put into execution, with the exception of the land tax of two shillings per acre imposed upon plantations. It was stated that disorder among the inhabitants could be remedied only through the application of law and severe punishment, and that the Governor now possessed the authority to impose such measures at discretion. It was required that all orders previously issued, including those delivered by Sir Thomas Grantham, were to be strictly observed. It was then ordered that the King’s flag was always to be displayed, and that all ships entering the roadstead were to show proper respect to it. It was further stated that the Governor had been at fault for allowing Mr Smowke to fall into significant debt to the East India Company, which it was said could have been prevented by adherence to earlier instructions. It was therefore required that all cattle belonging to Mr Smowke were to be seized, and that his plantation was to be taken into the Company’s possession. It was further directed that, if any attempt had been made to transfer his plantation or cattle to Mr Joyner, his son or any slaves, such transactions were to be disregarded. It was declared that, under the legal principle that time does not run against the Crown, and by virtue of the Company acting under royal authority, all such conveyances, alienations or sales made after Mr Smowke had entered into bond with the Company were to be considered invalid. It was further stated that the Company’s claim was always to take precedence over other debts, in accordance with the principles of royal justice, and that this was to be observed as a standing rule on the island. It was then directed that all goods received from ship commanders, whether sugar, arrack or other commodities obtained through barter for cattle or otherwise, were to be delivered to the Storekeeper. It was required that both the Governor and the Storekeeper were to maintain full and accurate accounts of all matters relating to the island. Although the Governor was to continue keeping the principal account of cattle, a copy of this account was to be provided to the Storekeeper. It was further ordered that all accounts were to be summarised into a single record, with distinct accounts kept separately for fort expenses, garrison costs and plantation expenditure. This was to allow the Company to understand clearly what expenses were consuming its income and resources on the island. It was also noted that, if Captain Holden was capable of instructing in this matter, a more detailed and distinct system of accounting was to be implemented. The passage concluded with the continuation of these financial and administrative instructions, with any unclear portions represented as [...]. Interpretations Speculations | |
37 | Account kept of all the Charge and Expence of our Cattle &c is a fourth Generall Account which we would have alwayes fairly kept in our Ledgers, and as our Storekeeper charges himself with all Goods and Money Received so we would have him give us Creditt for all Sugar Arrack &c Received from our Shipps, and Commanders at the price he takes it and make the Account of Fort Expence Dr for all the deli- veries to be spent in the Fort, and for all Cattle killed for the use of the Fort, The like Accompt we Expect he should keep for all Cattle bought, or Sold, or Received, or any way Disposed of to which Orders we Require our Govern r Implicit Compliance being absolutely Wee will be obeyed by him and all others which eat our Bread. 55. Wee confirme all our Orders sent you by S r Thomas Grantham Ship and subsequent Conveyances, requiring you to put all our said Orders, with those now sent into Effect all Exceptions, and that in order thereunto you doe make an Extract of all our said Orders, Except what we have since remitted and enter them in a Book to be alwayes lying on your Councell Table or at hand and to be read by any of our Councell, and made publique to all the Inhabi- tants of the Island, Such our Orders being to you and all the Inhabitants of that Island (saving his Majesties pleasure) as good Laws as Magna Charta is to England, and he that thinks it to be otherwise doth but discover his own Ignorance all forreign Planters being indisputably Sub- ject to his Majesties Despoticall power, which whoever doubts, may Easily be Satisfied by Advising into our India Booke, where he will soon observe that our English Acts of Parliament Extend no further then to the Kingdom of England, Dominion of Wales and town of Berwick upon Tweed, Neither is the Municipall, or Common Laws of England of any further Extent. 56. Wee do enjoine you for the future to suffer no person whatsoever to Retaille any liquor or Tobacco without paying to the Comp s Four pound p Annum quarterly, w ch you can’t think to while there is Money or Specie in the Island to use or Occupation without paying the Dutie Four hundred pounds p Annum. 57. Upon perusall of your Councell booke beginning in 1686 we approve of the Manner of your Trying the Blacks but think very meanely of you for the Matter of the Sentence &c the more so you Being guilty of such Weakness as to let those Blacks escape with impunity which any English man would have been Con- demned to dye before by a Jury Especially since M r Fox was present who knows the English custom not keep the Knife from them at Barbados if they did not punish those their Blacks in far greater severities | A further passage was presented in which it was directed that a separate and comprehensive account was to be maintained of all charges and expenses relating to the Company’s cattle. It was required that this was to form a fourth general account, to be kept clearly and accurately in the ledgers. It was further ordered that the Storekeeper, who charged himself with all goods and money received, was also to give credit for all sugar, arrack and other goods received from the Company’s ships and their commanders at the valuation he assigned to them. It was specified that the account of fort expenses was to be charged for all goods issued for use in the fort and for all cattle slaughtered for its supply. Similar accounts were to be maintained for all cattle bought, sold, received or otherwise disposed of. It was expressly required that the Governor was to comply fully and without deviation with these orders, and that obedience was expected from him and from all others in the service of the East India Company. It was then confirmed that all previous orders transmitted by Sir Thomas Grantham and by subsequent communications remained in force, together with the present instructions. It was directed that extracts of all such orders, except those later revoked, were to be compiled into a single book, which was to be kept readily accessible on the Council table. These orders were to be available for consultation by members of the Council and were to be made public to all inhabitants. It was stated that such orders were to have the force of law on the island, comparable to the authority of Magna Carta in England, subject only to the will of the Crown. It was further declared that all foreign planters on the island were subject to the sovereign authority exercised under the King, and that English statutes and common law did not extend beyond England, Wales and Berwick upon Tweed. It was thereby asserted that governance on the island was not bound by those laws but was instead determined by the Company’s authority under royal grant. It was then ordered that no person was to retail liquor or tobacco without paying an annual fee of four pounds, payable quarterly, to the Company. It was stated that such a duty was reasonable given the circulation of money or specie on the island. It was further noted that, upon review of the Council’s records from 1686, approval was given to the method of trying slaves, but strong dissatisfaction was expressed with the leniency of the sentences imposed. It was criticised that such offenders had been allowed to escape punishment, whereas, it was stated, an Englishman would have been condemned to death by a jury for similar offences. It was further observed that Mr Fox had been present and was familiar with English practices, including those in places such as Barbados, where more severe punishments were reportedly enforced. Interpretations Speculations | |
38 | Account kept of all the Charge and Expence of our Cattle &c is a fourth Generall Account which we would have alwayes fairly kept in our Ledgers, and as our Storekeeper charges himself with all Goods and Money Received so we would have him give us Creditt for all Sugar Arrack &c Received from our Shipps, and Commanders at the price he takes it and make the Account of Fort Expence Dr for all the deli- veries to be spent in the Fort, and for all Cattle killed for the use of the Fort, The like Accompt we Expect he should keep for all Cattle bought, or Sold, or Received, or any way Disposed of to which Orders we Require our Govern r Implicit Compliance being absolutely Wee will be obeyed by him and all others which eat our Bread. 55. Wee confirme all our Orders sent you by S r Thomas Grantham Ship and subsequent Conveyances, requiring you to put all our said Orders, with those now sent into Effect all Exceptions, and that in order thereunto you doe make an Extract of all our said Orders, Except what we have since remitted and enter them in a Book to be alwayes lying on your Councell Table or at hand and to be read by any of our Councell, and made publique to all the Inhabi- tants of the Island, Such our Orders being to you and all the Inhabitants of that Island (saving his Majesties pleasure) as good Laws as Magna Charta is to England, and he that thinks it to be otherwise doth but discover his own Ignorance all forreign Planters being indisputably Sub- ject to his Majesties Despoticall power, which whoever doubts, may Easily be Satisfied by Advising into our India Booke, where he will soon observe that our English Acts of Parliament Extend no further then to the Kingdom of England, Dominion of Wales and town of Berwick upon Tweed, Neither is the Municipall, or Common Laws of England of any further Extent. 56. Wee do enjoine you for the future to suffer no person whatsoever to Retaille any liquor or Tobacco without paying to the Comp s Four pound p Annum quarterly, w ch you can’t think to while there is Money or Specie in the Island to use or Occupation without paying the Dutie Four hundred pounds p Annum. 57. Upon perusall of your Councell booke beginning in 1686 we approve of the Manner of your Trying the Blacks but think very meanely of you for the Matter of the Sentence &c the more so you Being guilty of such Weakness as to let those Blacks escape with impunity which any English man would have been Con- demned to dye before by a Jury Especially since M r Fox was present who knows the English custom not keep the Knife from them at Barbados if they did not punish those their Blacks in far greater severities | A further passage was presented in which it was directed that a distinct and comprehensive account was to be maintained of all charges and expenses relating to the Company’s cattle, forming a fourth general account to be kept clearly in the ledgers. It was required that the Storekeeper, who entered all goods and money received, was also to credit the Company for all sugar, arrack and other commodities received from the Company’s ships and their commanders at the valuation assigned. It was further ordered that the account of fort expenses was to be charged for all goods issued for use in the fort and for all cattle slaughtered for that purpose. Similar accounts were to be maintained for all cattle bought, sold, received or otherwise disposed of. It was expressly required that the Governor was to comply fully with these instructions, and that obedience was expected from him and all others in the service of the East India Company. It was then confirmed that all previous orders sent by Sir Thomas Grantham and by subsequent communications were to remain in force, together with the present instructions. It was directed that extracts of all such orders, except those later revoked, were to be compiled into a single book to be kept readily available on the Council table. These orders were to be accessible to members of the Council and made public to all inhabitants. It was declared that such orders were to have the force of law on the island, comparable to the authority of Magna Carta in England, subject only to the will of the Crown. It was further stated that all foreign planters on the island were subject to the sovereign authority exercised under the King, and that the statutes and common law of England did not extend beyond England, Wales and Berwick upon Tweed. It was thereby asserted that governance on the island was to be determined by Company authority under royal grant rather than by English domestic law. It was then ordered that no person was to retail liquor or tobacco without paying an annual fee of four pounds, payable quarterly, to the Company. It was indicated that such a duty was to be enforced wherever money or specie was in circulation on the island. It was further noted that, upon review of the Council’s records from 1686, approval was given to the method used for trying slaves, but strong dissatisfaction was expressed with the leniency of the sentences imposed. It was criticised that such offenders had been allowed to escape punishment, whereas it was stated that an Englishman would have been condemned to death by a jury for similar offences. It was further observed that Mr Fox had been present and was familiar with English practices, including those in Barbados, where more severe punishments were reportedly enforced. Interpretations Speculations | |
39 | Sentence upon it and he shall serve the Comp a three or four years in any place of India where ye Generall or President shall thinke fitt to send him and that he shall be for Ever Banished from St Helena. Your Loving Friends Our Govern r &c Councell of St Helena London the 5 December 1698 9. Wee likewise Injoyne that no person Inhabiting the Island not being Officer or Souldier be permitted to weare any swords it being by the Custome of all Nations an Unallowable thing in Frontier Garrisons and evethen it may not be very proper for your private Souldiers to weare Swords in such a Drinking place as St Helena is Except when they are upon Duty and if any of the Inhabitants Neglect this order you may fine them twelve pence for the first offence two Shill for the Second and so into Five Shillings toties quoties But your Officers Ought never to be any where without their swords and if they be seen at any time without wearing their swords they ought to forfeit Five Shillings to the Company for each offence of that kind whether to Extend this Order so farr as to Serj ts and Corporalls wee leave to your Discretion But considering you have Sober Officers Wee think it may not be amiss to Inure yo r Corporalls to the Priviledge of wearing Swords hoping you will choose the Soberest Men into those Offices. 10. Wee Observe and hear by others w ch came from ye Island that there is a very great waste made on the Island by Distil- ling Arrack from Roots and Fruits which will soon Con- sume the greatest part of the Wood on the Island (if it be not speedily prevented) Wee do therefore hereby order & appoint that no persons upon the Island be permitted to distill Arrack Except those Impowered with you for the Comp s Wood they Expend in Distilling After the rate of Twelve pence p hundred weight for all the Comp s wood Spent by Distillation and also pay you fourty p cent a Gallon upon all such Liquors of the first Running of such Distilled Liquors for the Comp s Use. Wee approve of our Governours Prudentiall Considera- tion for not Exacting Fort Charges and other Duties of the Dutch because our Ships are not capable at this Isle of their Settlement and would have you Continue so to Exempt them on all Occasions Untill wee shall Order you by our Commanders that they treat them otherwise and on such case the Law of Retaliation is very Allowable. Your Loving Friends | A further passage was presented in which it was directed that, upon conviction, an offender was to be sentenced to serve the East India Company for a period of three or four years in such place in India as the General or President should determine. It was further ordered that the offender was thereafter to be permanently banished from the Island of St Helena. It was then recorded in a letter addressed to the Governor and Council of St Helena, dated London, 5 December 1698, that no inhabitant of the island, unless an officer or soldier, was to be permitted to wear a sword. It was stated that this restriction was consistent with the practice of frontier garrisons in all nations, and that even among soldiers it was not always appropriate to carry swords in a place characterised by frequent drinking, except when on duty. It was ordered that any inhabitant violating this rule was to be fined twelve pence for the first offence, two shillings for the second, and thereafter five shillings for repeated offences. It was further directed that officers were always to carry their swords, and that failure to do so was to incur a fine of five shillings for each offence. It was left to the Governor’s discretion whether this rule should extend to sergeants and corporals, although it was suggested that corporals might be encouraged to carry swords, provided that sober and reliable individuals were appointed to such roles. It was then reported that excessive waste was occurring on the island through the distillation of arrack from roots and fruits, which was said to be rapidly consuming the island’s wood resources. It was therefore ordered that no person was to distil arrack unless authorised, and that those permitted to do so were to pay for the Company’s wood used in the process at a rate of twelve pence per hundredweight. In addition, a duty of forty per cent per gallon was to be paid on all distilled liquors of the first running for the Company’s use. It was further stated that approval was given to the Governor’s decision not to exact fort charges and other duties from Dutch ships, on the grounds that Company ships were not able to enter Dutch settlements in a similar manner. It was directed that this exemption was to continue unless otherwise ordered, and that, if circumstances changed, reciprocal measures might be applied in accordance with the principle of retaliation. The passage concluded with the closing “Your Loving Friends”. Interpretations Speculations | |
40 | Your Governour and Councill of St Helena London y 16 th Apr ll 1705 3. Wee observe in your Letter of 2 th June aforesaid That severall psons desire to Rent our Lands But In regard one halfe or more of the Island is lett out you suspended the Grant of any more till our further Orders To which we say It highly becomes us to do all we can to retrench the Charge we are Annually at for y t place as well in the Cargoes Sent whereof we have no Returns as y t many Bills from time to time drawn upon us So what ever Land you can spare from our Necessary Occasion we would have you Lett out to such as by their Civill Deportm t Deserve y r Favours by which means we reckon provisions will become Cheaper the Island better managed and our Charge the Better supported. 4. Your care for keeping the Lords day Strictly we Approve But must at y e same time Remember that works of Necessity and Mercy are allowed at all times & by y e Consent of all Nations of all Civilized Nations So if y r any Shipps are in Danger of loosing their Passage or otherwise Straightned in want of time they should not be restrained from fetching Water or other Refreshments on y t Lords day Nor on y e other hand ought they to be allowed to do any Servile work on y t day w ch can without prejudice be Deferred to the Next. 5. Our Ship Seaper was lately lost on y e Coast of Wales as we are told thro want of Seamen or Mariners not daring to put to Sea when they saw y e Ship was near y e Shore for feare of drowning To prevent such another loss for y e future do you Examine all our Commanders and if they have not Sufficient store on board do you Offer them Supplies at y t Market price to be paid in Money or goods or rather then faile by y e Companys Bill drawn upon y r Owners which we shall Deduct out of y e Freight here if y e Captain Refuse to give you an Account we hold y r duty is to Prosecute against them to leave y e rest to us. 6. As to y e Estates of Orphans we told you our mind by the Cornelian Merch t in y e Case of Thomas Phillips Deceased what ever Moneys is paid on that Acco t into our Cash we will take care of paying of it here to those y t have Legall power to receive it and for y e Incouragem t of y e Inhabitants will allow Interest on such Moneys from the time it appears here by y r Books you have brought the same into our Cash in Creditt of the Concerned. 7. Our Govern r is also Complained against as being so Low a [...] we hope e since he has of late Continued Sickness he from & his family will Engage his [...] self to promote our Service in all things Equall to the good Opinion we have of him, But | A further passage was presented in a letter addressed to the Governor and Council of St Helena, dated London, 16 April 1705. It was observed that, according to a letter of 2 June, several persons had expressed a desire to rent Company lands, but that the granting of further leases had been suspended because a large portion of the island was already let. It was directed that, in order to reduce the considerable annual expense incurred by the East India Company, all land not required for essential purposes was to be let out to suitable persons of good conduct. It was suggested that, by this means, provisions would become cheaper, the island better managed, and the Company’s financial burden reduced. It was then stated that approval was given to the strict observance of the Lord’s Day, but it was also emphasised that works of necessity and mercy were always permitted. It was directed that ships in danger of losing their passage, or otherwise constrained by time, were not to be prevented from obtaining water or other refreshments on that day. At the same time, it was ordered that no unnecessary or servile work was to be undertaken on that day if it could be deferred without prejudice. It was further reported that a Company ship named Seaper had been lost on the coast of Wales, apparently due to a shortage of seamen or reluctance among the crew to put to sea when the ship was near shore. In order to prevent similar losses, it was directed that commanders were to be examined to ensure that they had sufficient crews. Where deficiencies were found, supplies of seamen were to be offered at market price, payable in money, goods or by bills drawn upon the ship’s owners, which would be deducted from freight upon arrival. It was further ordered that, if any commander refused to provide an account of their crew, proceedings were to be initiated against them, with further action to be determined in London. It was then stated that, regarding the estates of orphans, previous instructions had been given in the case of Thomas Phillips deceased. It was directed that any monies paid into Company funds on such accounts were to be managed by the Company and paid to those legally entitled to receive them. It was further provided that interest was to be allowed on such monies from the time they were entered into the Company’s accounts, as an encouragement to the inhabitants. It was finally noted that complaints had been made against the Governor, though the exact nature of these concerns was unclear and therefore represented as [...]. It was expressed that, following a period of illness, it was expected that both he and his family would act to promote the Company’s service in accordance with the good opinion previously held of him. Interpretations Speculations | |
41 | But he must Consider that we Joyne a Councell with him to ye End all our Affairs may be Transacted with Mutuall advice and assistance, if in any Materiall thing you Disagree in Councell and after a full and Debare continue of Different Opinions Send us your Reasons for ye same, and we shall be able to Judge who are in ye Right altho: if there be that Unanimity and good Correspondence between you as there ought and we expect will be amongst you from Emulation in our Common Interest we can see no Reason for any such Dis agreement however lett no Difference in Opinion grow up to Difference in affection. 20. Wee have Been told that while ye French Stay there Seve rall French Gentlemen went al a l l about ye Island on pretence of shooting however that Might have given us Complaince in our governour to permitt it, we thinke it was no good Policy and must Never againe be allowed to any Forreigner on any pre tence whatsoever Nor indeed to any other pson from whom you may feare an ill use may be made of such Liberty. Your very Loving Friends. Govern r & Councell St Helena London. 18 th January 1702. 24. Wee have promised Cap t Tollall & do hereby Order you to furnish him and his Men with what fresh provisions he shall want During his Stay with you, The like we say as to the other Commanders when they Arrive, And if you find them Respect able to their furnitures We would have ye Severall Cap ts with the Men of War be allowed some fresh provisions for their own Table gratis, And also that the sick Men on Shore during their Recovery (which we Require you to be very carefull of) be supplied with Necessary fresh provisions & Lodging there it being for ye safety of ye whole that these Shipps are sent thither and we must not grudge them your care, For which Refreshment and the Generall supplys to ye Shipps Comp s of such Men of Warr you must take Bills from the Commanders or Pursers on the Commissaries for the Victualling, as was done last year, Payable to us the Court of Managers. Captaine Tollall has assured us he will give you his best advice in the Further Fortifying the Island, And that his Men shall assist in perfecting such works as shall be found Necessary for which do you give them such Gratifications as you and Cap t Tollall thinke fitt, Wee shall recommend it to the other Commanders to give you the like advice, and assistance of their Men, and would have you also give them and the Seamen of the Shipps of Either Company a Gratuity for what they do in further Fortifying the Island such | A further passage was presented in which it was directed that the Governor was to act in conjunction with the Council, so that all affairs might be conducted with mutual advice and assistance. It was stated that, if disagreement arose in Council on any material matter, and differing opinions continued after full debate, the reasons were to be transmitted for judgement. It was expressed that harmony and good correspondence were expected among them, and that differences in opinion were not to lead to divisions in personal relations. It was then reported that, during the stay of French visitors on the island, several French gentlemen had been permitted to travel about the island under the pretence of shooting. This was criticised as poor policy, and it was ordered that such liberty was not to be granted again to any foreigner under any circumstances, nor to any other person where there might be concern over misuse of such freedom. A subsequent passage, dated London, 18 January 1702, directed that Captain Tollall and his men were to be supplied with fresh provisions during their stay on the island. It was further ordered that similar provision was to be made for other commanders upon their arrival. It was stated that, where such commanders conducted themselves respectfully, they and their officers were to be allowed fresh provisions for their own tables without charge. It was also required that sick men brought ashore for recovery were to be carefully attended and supplied with necessary provisions and lodging, this being considered essential for the safety of the ships and their service. It was further directed that, for provisions and general supplies furnished to such ships and their crews, bills were to be taken from the commanders or pursers, payable to the Court of Managers of the East India Company, in accordance with previous practice. It was then stated that Captain Tollall had undertaken to provide advice on further fortification of the island, and that his men would assist in carrying out such works. It was ordered that appropriate gratuities were to be given to them as agreed between the Governor and Captain Tollall. It was further recommended that similar assistance and advice be sought from other commanders, and that both officers and seamen who contributed to the strengthening of the island’s defences were to receive suitable rewards. The passage concluded with the continuation of these instructions, with any unclear portion represented as [...]. Interpretations Speculations | |
42 | such as you and their Respective Commanders shall think convenient what more Remains to be advised you will Re ceive by the Anna that is Now bound from Gravesend and has the Stores you wrote for and Souldiers on board for the Island We are Your Loving Friends y r Govern r and Councill of St Helena London y e 17 th February 1702. 54. Wee are very Desirous that St Helena may be made as strong as possible to be Defended against an Enemy and to that End we repeate what we wrote you in our last that you take the advice and Assistance of all the Commanders Whether Men of Warr or Marchant Shipps for Fortifying the Island, and get as many of their Men as you can to help in perfecting the Necessary workes to be done Giving them Gratuity for what Worke they do therein. 55. Wee would have you if you find it Practicable to Role some of the Rocks with which you are stored into the Sea Along the Beach on the Edge of the Water to prevent any Boates Landing Leaving only Such a Space as you see convenient for the Landing of our Own Shipps Boates, and Raising a Battery to Defend such Landing place. 56. It is of great Advantage to us that all our Shipps have as quick Dispatch as possible, And to that end we would have you make the Watering place for Shipps as commodious as possible you can and if you find it Practicable to make a Bridge at the End of the Waterfall and place pipes or Troughs to convey the Water to the Boates with a hole to fill them without Confounding the Casks if you Want any Materialls for that purpose you may purchase them from the Ships, or if not procurable then Write us Suffici ently and we will Supply you, Our Captains who have been at the Cape will fully Inform you of the Dutch Method there for carrying the Water off Shore and Watering the Shipps with casks do you consult and get their Assistance in Effecting the same allowing the Carpenters and other psons they Supply you with a Gratuity for their paines. 57. Send us Yearly an Account of what Stores you have and what more you want That we may Supply you wherein be very particular. | A further passage was presented in which it was stated that additional instructions would be conveyed by a ship named Anna, then bound from Gravesend, carrying stores and soldiers for the Island of St Helena. It was then recorded in a letter addressed to the Governor and Council of St Helena, dated London, 17 February 1702, that a strong desire was held for the island to be made as defensible as possible against any enemy. It was directed that the Governor was to seek the advice and assistance of all ship commanders, whether of men of war or merchant vessels, in strengthening the island’s fortifications. It was further ordered that as many of their men as possible were to be employed in completing necessary works, and that gratuities were to be given for such labour. It was then proposed that, if practicable, rocks present on the island were to be rolled into the sea along the shoreline in order to prevent boats from landing. It was specified that only a limited space was to be left open for the landing of the Company’s own boats, and that a battery was to be constructed to defend that landing place. It was further directed that, as it was of great importance that ships were dispatched as quickly as possible, the watering place was to be improved to make it as convenient as possible. It was suggested that, if feasible, a bridge was to be constructed at the end of the waterfall, and pipes or troughs installed to convey water directly to boats, with suitable openings to fill casks efficiently. It was stated that materials for such works might be purchased from ships if available, or otherwise requested from London. It was also noted that Company captains who had visited the Cape would be able to advise on the methods used by the Dutch for supplying water to ships, and that their assistance was to be sought in implementing similar arrangements. It was directed that carpenters and other persons assisting in such works were to be rewarded with gratuities for their labour. It was finally ordered that annual accounts were to be sent detailing all stores held on the island and specifying any additional requirements, with particular care to be taken in providing accurate and detailed information. Interpretations Speculations | |
43 | 4. This being a New Establishment we must Lay down some Generall Rules for your future Managem t and in the first place Wee hereby strictly Enjoine and order you that all our affaires be orderly and Transacted as the Majority in Councell shall direct and not otherwise upon any pre tence whatsoever And then we hope you will all be Unani mous and Cooperate together heartily in ye prosecucon of our Common Interest, yet if on any Occasion it happens that yo r votes be Equall, Wee direct, the Matter in Question must be Determined by Lotts, as we by our Charter are directed in such cases to do. 5. Wee also direct that you keep frequent Consultations at Least once a Week and oftner as Occasions require, That your Clerk enter Duly and truly all Matters there agreed on or Ordered, and that you sign the same, sending us the Copy y e thereof by Double Conveyances Yearly & in case any Disagree in such Consultations you may enter their Reasons for such Disagreement w ch we will Judge of here, That you hold on your Antient Method of hearing and adjudging all Civill and Criminall Causes as heretofore and continue all other your usuall Methods of proceeding for the good Government of the Island as to Civill or Military Matters untill you have other Orders from us which you are from time to time to Obey. 6. You must see that every One of your Councell and all your inferiour Officers Diligently attend to the severall Business that they are appointed to in Case any of y m be Negligent, Vicious or Disorderly, you must Admonish y m of their Faults, & if they continue Obstinate Suspend or Remove them as y e Nature of their Offence Requires. 7. On the Receipt of any Letter from us The Councell must be Im mediately Summoned to open & Read them & you must Carefully observe & Execute all the Orders & Directions from time to time given & signified to you by us under the hands of any three or more of y e Court of Managers Acting therein Impartially with out favour or fear or other Respect on Acco t of any particular Re commendations or Advice from any whomsoever. Advice us from time to time of all Occurrences on y e Island worth our Notice, as also what Ships Import with you, where they bound and from whence they come and what ever else you know Materiall. 29. Grain from Dyet on the Island where Effects by Will or by Foreign Intestate do belong to psons in England you are to be very carefull in Collecting such Effects and you must pay the produce thereof into our Cash advising us what the sum is and how it arises that we may make it good to the concerned here and therefore send [...] Your Lov [...] Friends | A further passage was presented in which it was directed that, as part of a new establishment, general rules were to be set for the future management of the island. It was ordered that all affairs were to be conducted in an orderly manner and determined by the majority of the Council, without exception. It was further provided that, in cases where votes were equally divided, the matter was to be decided by drawing lots, in accordance with the authority granted by charter. It was expressed that unity and cooperation were expected in pursuing the common interest. It was then directed that consultations were to be held frequently, at least once each week or more often as required. It was required that the Clerk was to record accurately all matters agreed upon or ordered, and that these records were to be signed and copies sent annually by duplicate conveyances. Where disagreements arose, the reasons for dissent were to be recorded and transmitted for judgement. It was further ordered that existing methods for hearing and deciding civil and criminal causes were to continue, along with established procedures for civil and military governance, until further instructions were issued. It was then required that all members of the Council and subordinate officers were to attend diligently to their duties. Where any were found to be negligent, disorderly or of poor conduct, they were first to be admonished, and if they remained obstinate, they were to be suspended or removed according to the nature of their offence. It was further directed that, upon receipt of any letter from the East India Company, the Council was immediately to be assembled to open and read it. All orders and directions contained in such communications, when issued under the authority of three or more members of the Court of Managers, were to be executed carefully and impartially, without favour, fear or regard to private recommendation. It was also required that regular reports were to be sent detailing all occurrences on the island considered worthy of notice. This was to include information on ships arriving, their cargoes, origins, destinations and any other matters of importance. It was further directed that, in cases where goods or property on the island belonged, by will or by intestacy, to persons residing in England, such effects were to be carefully collected and their proceeds paid into the Company’s cash. It was required that full accounts were to be sent explaining the amounts collected and the sources from which they arose, so that payment might be made to the rightful claimants. The concluding portion of the text was unclear and therefore represented as [...]. Interpretations Speculations | |
44 | Our Govern r & Councill of St Helena London. 31 st October 1703. 4. Wee Expect you send us by Every Shipping an Acco t of all Goods and Stores of all Sorts you have Remaining (That is to Say) The Quantities of Each, and when you write for more Express the Quantities as well as sort w ch you Desire, the better to guide us in providing the same. 5. Wee have by the Shipps Fisher & Beurlington Reed your Packets, and with them your Generall Ledger and Consul ta tion Book, which cost us one way or other about Thirty pounds Sterling because the Captains sent them to us from Ireland for ye future take care yt such Advices as are proper for our Immediate knowledge be made up in a Letter apart & Delivered to the Commodore, or Captains of our Own Shipps in case No Man of Warr is there to be sent forthwith from whatsoever part of England or Ireland the Ship may touch at and let all the Rest be kept on board to be brought us when the Ships Arrive in the River and take Care to Write Directions as much on the superscription of such Packets. 6. Wee shall first begin with the Consideration of ye Island it selfe which we are glad to Read you have taken some care about as to the Repairing and Augmenting the Fortifications and making ye Island more Defensible against an Enemy Wee gave you Directions at large on that head by our last w ch we need not Repeat because you have the Letter, but because we doubt not but you Understand that whatsoever Orders we send are to be Permanent & last thro all times, unless the Necessity of the Case should cause an Alteration in One or other Part of them on the whole we must give no Rest to y r Thoughts and endeavours till ye Island be made not only tenable ag st the Invasion of any Enemy whatsoever, but also able to Defend our Ships in harbour there and to that purpose we would have you Consult with & get all the Assistance of such Commanders of their Maj ts Ships and our Own as from time to time shall Arrive, with you on whatever relates thereunto as we wrote you last year. 7. As to the Ledger Book we Observe you have the same given why he did not signe it and therefore say that we will not in future have such Books of Accounts of any Branches of them come from St Helena the Governour or any one of the Councell for what purpose can you imagine such Consul ta tions to be if not for the better Superintending as well as managing all our affaires on that Island and as well to prevent Irregularity in our Continued Administration of all our said Affairs, and a Poster at first sight very Ill that the Governour should be Charged with Errors & Omissions in severall Items of Accounts, and seems to favour that [...] | A further passage was presented in a letter addressed to the Governor and Council of St Helena, dated London, 31 October 1703. It was directed that, by every ship departing the island, an account was to be sent of all goods and stores remaining in possession, specifying the quantities and types of each. It was further required that, when requesting additional supplies, the quantities as well as the kinds of goods were to be clearly stated, in order to guide the East India Company in making proper provision. It was then noted that packets, including the general ledger and consultation book, had been received via the ships Fisher and Beurlington, but that their transmission through Ireland had incurred a cost of approximately thirty pounds sterling. It was therefore ordered that, in future, urgent communications were to be prepared separately and delivered directly to the commodore or to the captains of Company ships, or to a man-of-war if present, so that they might be forwarded immediately from whichever port the vessel reached. Other materials were to remain on board until arrival in England. It was also directed that clear instructions were to be written on the outside of such packets. It was then stated that attention had been given to the condition of the island itself, and approval was expressed that some care had been taken in repairing and strengthening the fortifications. It was reiterated that previous instructions on this matter were to be treated as permanent unless circumstances required alteration. It was emphasised that continuous effort was to be made until the island was rendered not only defensible against any invasion but also capable of protecting Company ships in harbour. It was further directed that assistance and advice were to be sought from commanders of both naval and Company vessels arriving at the island. It was then observed that the ledger book submitted had not been properly signed, and dissatisfaction was expressed at this omission. It was stated that, in future, no books of account relating to any branch of administration were to be sent without proper authentication by the Governor or members of the Council. It was emphasised that the purpose of consultations was to supervise and manage all affairs of the island, to prevent irregularities and to ensure consistent administration. It was further noted that errors and omissions in the accounts reflected poorly upon the Governor and suggested deficiencies in oversight, with the concluding portion of the text unclear and therefore represented as [...]. Interpretations Speculations | |
45 | [...] that has been on some part among you which will make us [...][...] we finde it any ways continued we force us to shift hands till we can fully [...] on y whole [...] we will have no part thereof concerns managed [...] the Majority of y whole Councill, Except in Case of Sicknes [...] or Death, and that such part as are under y Immediate [...] of One Single person, as suppose the book keeper Store keeper &c all the rest shall have free and Constant Access thereto, to see we are well Dealt with therein. 57. Wee have for a politicall Reason formerly Ordered Dollors to go at five shillings a peece, yet none will take into our Cash at that Rate to pay the same here by Bills of Exchange if Remitted for England, but only at the Intrinsick Value & this gives us Opportunity to tell you if you are oblidged to buy up Beefe of the planters at higher prices then Four pound Ten shillings a hundred for y use of y Shipps, Wee will not the Commanders have it at Salem, it will come, But at y price above pay for it which may be a standing Rule for y time to come, as well in any other provisions, & Beefe &c you must know to what [...][...] you are to Receive Arrack &c: you sell at a reasonable Rate in payment for such Beefe, or Else Bills of Exchange payable to us in England. 58. As to your Complaint touching Jones & Wales we think you have very little worth if you cant keep all persons yt comes on Shore in due Decorum, & punish their Disorders as y Exigency of y Case Requires, and not let them slip thro your fingers for those Practises of [...] the Damage they do. And serve it [...] we expect our Govern r and Councill should preserve their Authority as such in all their behaviour to others, Well knowing that a Requisite part of all y Qualifications of Respect Mingled with a becoming Freedom and affability & Temperance Necessary requisite in a Govern r and will beget fear and Love from Inferiors and Respect from all. 59. Wee have made it a standing Order in all our Sett ts in India that the Chief person in Each whether Govern r or President or what different Denomination he goes under shall have but One Vote in Councill and if it was not so fully Express in our former Letter, We now order that y Govern r have but one Vote in consultation and in Case of Equality of Votes, that y Matter in Controversy be Decided by ballot but we Expect it since you are employed by us for Managing our affairs & consequently have no Interest to have prest interest in you there will be no need for any Disagreement, Especially if in calm Debates you first Intellig them of all matters and in such Matters ex prima facie you may seem to Differ in [...] | A further passage was presented in which it was indicated that concerns had arisen regarding irregular conduct among those administering the Company’s affairs on the island, though parts of the text were unclear and are therefore represented as [...]. It was stated that, if such practices were found to continue, measures would be taken to replace those responsible. It was further directed that no part of the Company’s business was to be managed by less than the majority of the whole Council, except in cases of sickness or death. It was also ordered that, although certain duties might be entrusted to individual officers such as the bookkeeper or storekeeper, all other members of the Council were to have free and constant access to inspect those accounts and ensure proper management. It was then noted that, for political reasons, it had previously been ordered that dollars were to circulate at a value of five shillings each. However, it was stated that such currency was not accepted into the Company’s accounts at that rate when remitted to England by bills of exchange, but only at its intrinsic value. It was therefore directed that, if beef had to be purchased from planters at a price exceeding four pounds ten shillings per hundredweight for the supply of ships, that higher price was not to be accepted. It was further ordered that this was to be treated as a standing rule, and that payment for such provisions was to be made either in goods such as arrack, sold at reasonable rates, or by bills of exchange payable in England. The remaining portion of this instruction was unclear and is therefore represented as [...]. It was then stated that complaints had been received concerning individuals named Jones and Wales, and it was remarked that authority ought to be sufficient to maintain proper order among all persons coming ashore. It was directed that disorderly conduct was to be punished according to the circumstances, and that offenders were not to be allowed to escape without consequence. It was further emphasised that the Governor and Council were expected to maintain their authority through proper conduct, combining dignity, moderation and affability, so as to command both respect and obedience. It was then ordered that, in accordance with established practice in the Company’s settlements in India, the chief officer, whether styled Governor or President, was to have only one vote in Council. It was further directed that, in cases where votes were equal, the matter in dispute was to be decided by ballot. It was expressed that disagreement ought to be avoided, as those entrusted with the Company’s affairs were not to act from private interest but from the common good. It was suggested that, through calm discussion and full consideration of matters, differences might be resolved, though the concluding portion of the text remained unclear and is therefore represented as [...]. Interpretations Speculations | |
46 | There should then be each put down the Reasons of their Dis agreement in the Consultation of that Day and send it to us thereon, As also a Copy of it on the Pacquett departure that we may pass a Judgment on the same whole Your Loving Friends [...] Govern r & Councill of St Helena London 30 th 9 ber 1702 4. Touching the Disputes among your Inhabitants Relating to the Possession of your Lands, and how long time makes a Prescription, We say there is a Standing Rule in any One Countrey which [...] another, and what has been the Custome of St Helena we are not fully apprized of, for the future when any Lands are alienated or Mortgaged, let there be a Register kept in the Fort, specifying the Substance of such alienations or Mortgage, Who Sells and who buys land for what, and let Every such Entry be signed by the buyer and seller and attested by the Governour and Councell for the time being without which the bargain or Sale shall not be accounted binding and for what is past if there is any Litigious person that will com plain tell a Jury be made of the Page who we hope will Determine upon a full hearing according to Equity and a good Conscience, and for the better Encouragement of all such as have quietly and Desirous to do so, Let there be a publick Declaration made on the Island That for the quiett of the Inhabitants all persons do by a day certain give into the Councill an account of what Titles they Claime which do you cause to be entered in a Book for that purpose with Notice that in Case no Exception is taken thereunto by another by a day Certain Suppose six Months more or less then such their Claime shall be Taken as a Certain Evidence of their Property Not to be controverted in future This we hope will fully cure the Disputes of the People and after all there should be any case that doth not come within the Rules above Mentioned send it us particularly stated, and we will Return you a finall Answer We | A further passage was presented in which it was directed that, where disagreement arose within the Council, the reasons for such disagreement were to be recorded in the consultation of that day and transmitted, together with a copy sent by the next packet, so that judgement might be made upon the matter. It was then recorded in a letter addressed to the Governor and Council of St Helena, dated London, 30 November 1702, that disputes had arisen among the inhabitants concerning the possession of land and the length of time required to establish a right by prescription. It was stated that no single rule applied universally across all countries, and that the customary practice of St Helena in such matters was not fully known. It was therefore directed that, for the future, whenever land was sold, alienated or mortgaged, a register was to be kept at the fort recording the substance of each transaction. This was to include the names of the seller and purchaser and the nature of the agreement. It was further required that each entry was to be signed by both parties and attested by the Governor and Council, and that without such formal registration no sale or agreement was to be considered valid. It was then provided that, for past transactions, any disputes brought forward by litigants were to be heard by a jury, which was expected to determine the matter upon full consideration according to principles of equity and good conscience. It was further directed that, in order to encourage stability and certainty, a public declaration was to be issued requiring all inhabitants to submit an account of the titles under which they claimed their lands. These claims were to be entered into a register, and notice was to be given that, if no objection was raised within a specified period, suggested as six months or another suitable term, such claims would thereafter be accepted as conclusive evidence of ownership and would not be subject to future dispute. It was expressed that this measure was expected to resolve disputes among the inhabitants. It was further directed that, if any case arose that did not fall within these rules, it was to be reported in detail so that a determination might be made in London. Interpretations Speculations | |
47 | 5. We would have you ascertain some a small fee or duty to be paid the same in every alienation or Mortgage which be entred in the Register book, enough to make them carefull in the Entry, and yet so small as may be acceptable to the Inhabitants which advice us of, that we may alter or approve the same, tell this Register to be open at all Convenient times for the View of all persons concerned to be inspected without any fee or Reward. 6. Wee herewith send you Kebles Justice of peace and would not grudge to send you the other law books, if they would be serviceable, But as it is a standing Rule among all English Acts of Parliament bind only to ye form Inhabiting in England, Wales and Berwick, and have not of force in our Plantations Except in very few and select Cases, we think it no way for your advantage to have your heads Troubled with Nice points of the Common law of England But rather on Considering the Reason of things to judge of all Cases in a summary way according to Equity and a good Conscience without Tedious delays or Countenancing of litigious persons in their vexatious prosecutions. 25.22. In answer to your Eleven & thirteenth Para graphs, Wee shall add to what wrote you by the Feathers some That having sent you such large Stores of salt Beefe and other provisions Wee expect you have the Remain ning stock of Cattle on your Island all you can, and so spare none or but little Beefe Except for the Relief of sick Men and that you do not sell to any Ships be not the same at the Market price What ever orders our Ships to take in by Charter party is for promoting the good Estate of the Island And is supposed to be out of your Own Stocks, But when that fails can any Man Imagine you must buy Beefe for the Ships and Deliver it unto them though the price you pay, Were the same you your Own Serve we are you would not do it, What reason is there then for your doing it Now — besides if it were so that the Captn there should Resort to charter party Covenant for Demanding it, you may tell them we are not thereby obliged to Deliver it, but only they are bound to take it, if you should tender it to them, and to say no more but you oblige them to pay you for such Beefe in provisions which you may Value in Barter at a Rate cheap enough to make you savers, or Deliver them none at all, We should then suppose you had not taken [...] | A further passage was presented in which it was directed that a small fee or duty was to be established for each transaction involving the sale or mortgage of land recorded in the register. It was stated that this fee was to be sufficient to encourage careful entry of such transactions, yet modest enough to remain acceptable to the inhabitants. It was required that details of this fee were to be reported so that they might be approved or altered. It was further ordered that the register was to be open at convenient times for inspection by all concerned persons, without any charge. It was then stated that a legal text, identified as Keble’s Justice of Peace, had been sent, and that additional law books could also be provided if they were considered useful. However, it was emphasised that Acts of Parliament applied only within England, Wales and Berwick, and did not generally extend to overseas settlements. It was therefore advised that the Governor and Council were not to concern themselves with intricate points of English common law, but instead to determine cases in a summary manner based on reason, equity and good conscience, avoiding unnecessary delay and discouraging vexatious litigation. It was further directed, in response to earlier correspondence, that substantial supplies of salted beef and other provisions had been sent, and that the remaining cattle on the island were to be preserved as much as possible. It was ordered that little or no beef was to be sold to ships, except for the relief of sick men, and that any such provisions supplied were to be charged at market price. It was stated that provisions taken by Company ships under charter were assumed to come from existing island resources, but that, where such supplies were insufficient, there was no obligation to purchase beef at high prices in order to fulfil such demands. It was further instructed that, if commanders attempted to rely upon charter agreements to demand provisions, it might be explained that the obligation was only to supply if provisions were available and offered, not to procure them at additional expense. It was suggested that, where provisions were supplied, payment might be accepted in goods through barter at favourable rates, or that supplies might be withheld entirely if necessary. The concluding portion of the passage was unclear and is therefore represented as [...]. Interpretations Speculations | |
48 | Thus much seems to point out to you every part of your duty, but that it was enough to say in short all these or the same, and that what we have wrote on that Subject by the former letters need not to be further inculcated. 27. As to your Planters Desires of goe ing to Pulcondore We say that we believe Pulcondore is withdrawn before this time, because we have sent Orders to Remove that Factory, and our Effects there to Benjap on the Island Bumboe where we Intend to settle a Strong Fortifica tion, if any of them are willing to goe thither or to Ben coolen, or Bombay you may permit them so to do at their own charge on board of our own Shipps bound to those places which touch at your Island, But while we tell you we will not Deny the planters their Request, We must add that such of them as are quiet Usefull People, We had rather they should stay from go thither, and we doubt not but a little good Management on your part may prevail with them to Desist from such their Desires. 28. Wee have Considered your Twenty Fifth & Twenty Sixth Paragraph, and do find that Mr Sedlington and Mr Yordeno in the Right, that the Making such Infamous Criminals Publick Examples by a Corporall punishment is better then Banishing them off the Island for that the Making them serve at hard labour seems to us the Most effectuall Remedy to deter the like practice in others. 29. Send us by Every Shipping an Exact Account of Stores and Ammunition Remaining and what you Desire to be further sent, and take this for a Standing order that we need not againe have Occasion to Remember you of it. 30. Wee observe what you have written Touching the Prophane Danes Shipps going away without paying any Duty, and that you will hereafter take care none shall have anything from you till they have first paid the Duty which you will do well to observe, We think the like care ought to be taken that all the English Shipps shall pay first their Barrell of Powder before they are permitted to have Refre shment because we observe some come away without paying in kind or value and since Powder is so deare here besides the charge of sending it, if they will not pay it in Powder let them from time to time pay it in Money with Fifteen p Cent advance on the price we last charged it at in | A further passage was presented in which it was stated that the preceding instructions were considered sufficient to define the duties required, and that the matters already communicated in earlier letters did not need to be repeated further. It was then directed, in response to requests from planters wishing to travel to Pulcondore, that this settlement had probably already been withdrawn, as orders had been issued for its removal and for Company effects there to be transferred to Benjap on the island of Bombay, where a strong fortification was intended. It was stated that, if any planters still wished to go to those places, or to Bencoolen or Bombay, they might be permitted to do so at their own expense on board Company ships bound for those destinations. However, it was also expressed that those planters who were quiet and useful were preferred to remain on St Helena, and it was suggested that careful management might persuade them to abandon such intentions. It was then noted that, upon consideration of earlier correspondence, it was judged that Mr Sedlington and Mr Yordeno were correct in their opinion that offenders guilty of serious crimes should be punished by corporal punishment and public example rather than by banishment. It was further stated that compelling such persons to perform hard labour was considered the most effective means of deterring similar conduct in others. It was again ordered that, by every ship, an exact account was to be sent of all stores and ammunition remaining on the island, together with details of what further supplies were required. This was declared to be a standing instruction not requiring further reminder. It was then observed that certain Danish ships had departed without paying duties, and it was approved that measures would be taken to ensure that no ship received supplies before such duties were paid. It was further directed that similar care was to be taken with English ships, requiring them to provide a barrel of gunpowder before being granted refreshment. It was noted that some ships had previously departed without making such payment, and it was therefore ordered that, if payment was not made in gunpowder, it was to be made in money at a rate including an additional fifteen per cent above the last charged price, reflecting the expense of obtaining and transporting such supplies. Interpretations Speculations | |
49 | The invoce we sent you to Commending you and our affaires to the Guidance and protection of the Almighty we Remaine Your Loving Friends [...] Govern r & Councill of St Helena London 14 th 8 ber 1705 Letter N. 37. 1. Wee would have you send your Generall Letters and all Materiall papers which accompany them by Double conveyances at least, The want of which puts us to a Loss to know the Contents of Cap tn Browns, and Capt Walmers Accounts and of the Account of Ammunition in the Gunners charge, w ch you advise to have sold the Gloucester, And if by those accounts Capt Brown, or Capt Walmer were Indebted to us, we are like to loose the Monney for want of knowing what to demand of them Or at least have the payment of it Delayd till we heare from you again, Wherefore send the Duplicate of Every by the Next of their Accidents. 2. And here we think it proper to tell you and we Expect you observe the Same in all Cases of the like Nature That when you have settled Accounts with any of our Own, or of the Old or New Companys Shipps by which they owe us Monney on the Ballance that you take three Bills of One Tennor for the same Drawn upon their Owners, and send the first and second by two Conveyances in the same Shipping if there are Two or more Ships, and the third by the Next Conveyance, The like we say of the Accounts of any of our Shipps of War, and if as in the Case of the Severn the Cap tn or Purser Refuse to give Bills, then take their Accounts signed three of One Tennor to be sent in like Manner, and advise us the Reason why the Severn lately did or any Ship hereafter shall Refuse to give Bills of Exchange for the Ballance of what you supplyd them withall. 3. But for your future Prudence, We say if any Captain Doth not in Ten Working Dayes unloade his Ships Protest against him in the Name of the English Company | A further passage was presented in which it was stated that the Company commended the Governor and Council, and their affairs, to the guidance and protection of Almighty God, concluding with a formal expression of goodwill. It was then recorded in a letter addressed to the Governor and Council of St Helena, dated London, 14 October 1705, that all general letters and accompanying important papers were to be sent by at least two separate conveyances. It was explained that failure to do so had resulted in uncertainty regarding the contents of accounts submitted by Captain Brown and Captain Walmer, as well as the account of ammunition formerly in the charge of the gunner and reported as sold to the Gloucester. It was noted that, without such information, any debts owed to the East India Company by these individuals might be lost or delayed. It was therefore required that duplicates of all such documents were to be sent by the next available opportunity. It was further directed that, whenever accounts were settled with commanders of Company ships, whether belonging to the Old or New Company, and a balance was found to be owed, three bills of the same tenor were to be taken, drawn upon the owners of the ship. It was ordered that the first and second of these bills were to be sent by separate ships if possible, and the third by a subsequent conveyance. It was further instructed that, where captains or pursers refused to provide bills of exchange, signed accounts in triplicate were to be obtained and transmitted in the same manner, together with an explanation of the refusal. It was also directed that, for the future, if any captain failed to unload his ship within ten working days, a formal protest was to be made against him in the name of the English Company. The passage concluded at this point. Interpretations Speculations | |
50 | Company Trading to the East Indies by order and Direction of the Court of Mannagers for the United Trade of the said Company for not unloading his Ships, As by Charter party he ought to that time, and in the Protest mention what special laws you finde on his Case proper to fix the Delay upon him and his Owners, that the Company may not be subjected to the said Demorage But then you must be carefull that such Delay is not Occasioned by any Default of yours if the Weather prove Tempestious, take Notice of it, that is which Days or what part of them it does so, to the End it may be adjudged here who shall beare the loss of time Occasioned thereby, If the Ships have not Boates sufficient to Discharge her Loading fast Enough that is intirely the Owners fault and they must not expect the Company should suffer thereby for the Bill of lading Expresses the goods Consigned are to be Delivered to you which supposes a shore on the Island, If it happens through any other fault or Misfortune of the Ship as in the Case of the [...] you write that her Cable broke in a storme and set her into so bad a Condition that for a long time it was Expected Nothing less But that she would have been drove away you ought to take Notice of it in your Protest to the End we may have proof to show why we ought not to pay Demorage for that time. 4. We have given you Repeated Notice that what Orders we send you in our Letters are to be Esteemed as so many standing Directions for your Government and Expect you Observe them as such and this about the unlading our Shipps among others and are sorry to give us Occasion to Complain of your Carelessness in so great a neglect of what we have wrote you since the time of the Unions. 5. For the future when you send us any list of what Goods or Stores you want send us the Quantity of each sort you desire it can be supposed we should thereby be able to make a Just Estimate of them Especially as what is to last, Drink or Wome, and when it is for Garrison Stores Give us your Reason why you desire the severall Quantitys you write for. 6. The Twenty Eighth Paragraph of the Generall Letter of the 30 th of November 1704 aforementioned gives you our Directions touching Criminals for we have told | A further passage was presented in which it was directed that, where a ship failed to unload within the time required by its charter party, a formal protest was to be made in the name of the East India Company, acting under the authority of the Court of Managers of the United Trade. It was required that such protest was to specify the particular circumstances and applicable rules demonstrating that the delay was attributable to the captain and owners, so that the Company would not be liable for demurrage. It was further instructed that care was to be taken to ensure that any delay was not caused by the island’s own default. Where bad weather had intervened, the specific days or parts of days affected were to be recorded, so that responsibility for the loss of time might be properly determined. It was also stated that, where a ship lacked sufficient boats to discharge its cargo efficiently, this fault lay entirely with the owners, and no liability was to fall upon the Company. It was explained that the bill of lading required delivery of goods to the island, which implied that the ship must be equipped to complete that task. It was further directed that, where delays arose from accidents or misfortune affecting the ship, such as damage sustained in a storm, this was also to be recorded in the protest. It was noted that, in a previous instance, a ship had suffered a broken cable during a storm and had been placed in such danger that its loss had been feared. It was required that such circumstances were to be documented so that evidence might be available to justify refusal to pay demurrage for the time lost. It was then stated that repeated notice had already been given that all instructions contained in Company letters were to be regarded as standing directions for governance. It was expressed that dissatisfaction had arisen from failure to observe such instructions, particularly regarding the unloading of ships, and that such neglect had occurred since the time of the Union. It was further directed that, in future, whenever lists of required goods or stores were sent, the quantities of each item were to be clearly specified. It was stated that, without such detail, it was not possible to estimate requirements accurately, especially for provisions subject to consumption or deterioration. It was also required that, where requests concerned garrison stores, reasons were to be provided explaining the quantities requested. It was finally noted that earlier instructions, contained in the twenty-eighth paragraph of a general letter dated 30 November 1704, were to be followed in matters concerning criminal offenders, with the passage continuing beyond this point. Interpretations Speculations | |
51 | [...] you the best way to deter them, and others from such Villanies was to put them to hard labour that is to say try them for their crimes, and when the crimes are such as by the English Law makes them Legalle to Death, or being burnt in the hand and the Jury brings them in Guilty then let them remain under that sentence for such a time as you see fitt, and during it keep them to hard labour. We are not of the Governours Opinion that Death is the proper Means to keep others in awe from committing Felony. Or Theft as you Mention was the crime of those Stout Rogues you sent to Benjamin, then we think them so far in the Right that sending them off the Island is not a Punishment Adequate to their Sin We Believe hard labour will prove a Sufficient Check if continued for a good space, We would have none punished with Death for any Crime We apprehend they can be guilty of at St Helena besides Wilfull Murder. 27. We were not a little in our Thirty Seventh Paragraph about the English Shipps paying each a Barrell of Powder in specie or Vallue, that we could not Entertain a thought you would ever have hesitated again but as it was your Duty have Obeyed our Orders and have considered that when further Reason makes us give stronger Directions the former cease and the latter is to be a Rule to you, To tell us the Commanders will think it hard do not become you, we shall only say as before that we will at this time only blame you But if ever again you give us such Repeated Reasons for Complaints, we will use more effectuall Me- thods, and not be again troubled with setting up our Orders with Notices of your failings and Reasoning with you to convince you thereof Whereas it is Enough for us to send you positive Orders, what we will have done, as it is your Duty to see it be done and in any Case where we may have happened to Mistake the Fact, or not be sufficiently informed, do you when you are sure of it, but before you do so give us Modest Notice with your Reasons and you have done your part. 28. We observe in the Next Paragraph the Reason why you Buy Wine and Brandy at the Exchange at Rates [...] Shillings a Gallon for the Brandy, and Five Shillings for the Madera Wines, and then you Mention that the Island Charge is Three Thousand pounds a year, and in a foregoing Paragraph you say it is [...] | A further passage was presented in which it was directed that, for serious offences such as felony or theft, offenders were to be tried in accordance with English legal forms, and, where found guilty of crimes that would ordinarily incur capital punishment or branding, they were instead to remain under sentence for such period as was considered appropriate and to be kept at hard labour during that time. It was expressly stated that capital punishment was not to be used as a general deterrent for such offences, and that only in cases of wilful murder was death to be inflicted. It was further observed that offenders previously sent away to Benjamin had not been adequately punished, and that enforced labour for a substantial period was considered a more effective means of discipline. It was then noted that dissatisfaction had arisen regarding failure to enforce the requirement that English ships pay a barrel of gunpowder, or its value, before receiving supplies. It was stated that this instruction had already been clearly given and ought to have been obeyed without hesitation. It was further emphasised that, where new and stronger directions were issued, these were to supersede earlier instructions and were to be followed as the governing rule. It was remarked that objections based on the perceived hardship to ship commanders were not appropriate, and that obedience to orders was expected. It was warned that, if such failures continued, more decisive measures would be taken, and that it was not the Company’s role to justify its instructions beyond issuing them. It was, however, allowed that, where an error in instruction might have arisen from incomplete information, notice might be given with reasons, provided this was done respectfully and with certainty. It was then observed that wine and brandy were being purchased at rates of approximately [...] shillings per gallon for brandy and five shillings per gallon for Madeira wine, and that the annual expense of the island was stated to be approximately three thousand pounds. The remaining portion of this discussion was unclear and is therefore represented as [...]. Interpretations Speculations | |
52 | Two thousand pounds a year but both sums are in figures, pray reconcile this difference to us and here after put all sums in words, and Annually send us in Duplicats in our Packets an Account of the severall Items Yearly to shew how this sum Arises, Vizt how much the charge of your Sallorgs comes to, how much the Soldiers payd & Working again[s]t ye enemy Name the sum paid to them at the Year end or where any dye within the year, or are out of the Service for the time they were paid, what are the sums layd out on Garrison charges or Repairs, or Buildings and where and when [???] what charge you are at on Account of our Blacks or Cattle, what the Expence of Stores or Ammunition is Yearly, how much the charge of Dyett and your Table and the like in any other Matters which help to add to our Annually Charge. 33. Send us also in like Manner the account how you sell the goods sent you from hence or India and the others bought of the Captains or Received otherwise into your Store that is to say such a species of goods cost so much and has been sold out such part of it in such a time at such a price or if at Different prices then advices it, and lett the seller set it in words at length as well as figures and passed in Consultation and signed in the same Manner as your Generall Letter. 34. When wee appointed you the Governour & Councill of the Island we at the same time supposed you knew how to keep a Decorum in it and Support your Authority and the Government of you dont you are Unfitt to be Entrusted, we think it Unnecessary Sufficient to your Complaint of the Quarrell and other Drunken Disorders of your young Men coming a shore, We cant here fore certain judge for you to every or any offence which the Circumstances of Aggravation or Extenuation may not alter but in Generall say, do you proceed as the Nature of the Case deserves either by Rea- sonable Pecuniary fines, or the Stocks or Imprisonment accord- ing to the offence and apply the Fines halfe to the Poore and the other halfe to the charge of the Necessary Fortifica- tions for the Generall Benefit of the Island, & lett it up as a Standing Publick Order to be known by all That whosoever of Ships Company or Inhabitants draws his sword on ye Island shall be fined & there it in order how much so advise us. 35. Wee must Recommend to your care the keeping up your Authority in such a Manner as may beg[...][...] persons Report [k]indness Considering in many former a few foolish in [...] | A further passage was presented in which it was noted that conflicting figures had been given for the island’s annual expense, stated as both two thousand pounds and three thousand pounds. It was required that this discrepancy was to be explained, and that, in future, all sums were to be written in full words as well as figures. It was further ordered that annual accounts were to be sent in duplicate, detailing the individual items contributing to the total expenditure. These were to include the cost of sailors, the wages of soldiers, including payments made at the end of the year or to those who died or left service during it, and all sums expended on garrison charges, repairs and buildings, specifying where and when such expenses were incurred. It was also required that the costs relating to slaves, cattle, stores and ammunition were to be recorded, together with the expenses of provisions and the Governor’s table, and any other items contributing to the yearly charge. It was then directed that similar detailed accounts were to be provided regarding the sale of goods received from England or India, as well as those purchased from captains or otherwise brought into store. It was required that each type of goods was to be recorded with its original cost, the quantities sold, the time of sale and the prices obtained, including any variations in price. It was further ordered that these entries were to be written in full words as well as figures, and that they were to be reviewed in consultation and signed in the same manner as the general correspondence. It was then stated that, when the Governor and Council had been appointed, it had been assumed that they understood how to maintain proper decorum and uphold their authority. It was expressed that failure to do so would render them unfit for such responsibility. It was further noted that complaints had been made regarding quarrels and drunken disorder among young men coming ashore. It was directed that such offences were to be judged according to their circumstances, and that punishments might include reasonable fines, the stocks or imprisonment. It was ordered that any fines imposed were to be divided equally, one half to be given to the poor and the other half applied towards the cost of fortifications for the general benefit of the island. It was also required that a standing public order was to be established, providing that any person, whether a member of a ship’s company or an inhabitant, who drew a sword on the island was to be fined, with the amount to be determined and reported. It was further recommended that the Governor and Council were to maintain their authority in such a manner as to command respect and proper conduct from all persons, though the concluding portion of the passage was unclear and is therefore represented as [...]. Interpretations Speculations | |
53 | Like a little spark sett all in a Flame hardly to be quencht which at first might have been prevented with ye Greatest ease Imaginable. 37. Lett every Bill of Exchange Mention on what Account you draw the Bills as in the fourty five pounds payable to Hos[l]eston, you did well to say it is for Saltpeter, for wch Reason we prized it tho’ we have no advice from you of that Bill, We dont think it Enough to say as in most Bills it is for Value Received without some Acco: comes on the Packett[s] to show how that Value was Received, nor is it Enough to say as in Cap[t] Peddingtons Bill of Ninety two pounds, that it is for the like Value due to him for the Books for it does not appear to us whether it was on account of his Sallary, or Money paid, or goods Delivered unless as before Mentioned you had sent the Account in the Packet[s], for your Book of Account now sent is but to July 1704. and his Bill is drawn in July 1705. 38. Secondly Lett every Bill you draw be expresst yt you have sent advice and not as you usually Custome hath been as before Mentioned and to this end send us an Acco: in our Generall Letters from time to time what Bills you draw for what Reasons when dated, how many Bills you give for Each Sum, and advise the sums in Words at length and not in figures, also advise in like Manner what Bills you Remitt to be paid us, or if you have no Bills, what Accounts you send us for Money due to us, advise the Sum on your Letter, and the Office[r]s Circumstances fitt for an Information that we may at one view see it under your hands what is to be paid us by us in every Shipping and not be forced to look into little Bills of Paper in your Packets to Collect the same. 39. If as you say you can not with Exactness draw all the Accounts we Expect from you Just on the going away of our Shipps we are Content, and do order for the future to prevent such Excuses as you make that Instead of the Ballancing your Books to July you Ballance them to the 25th of March half yearly & then they will be ready to send by the Shipps which leave your Island that May, June, or July following and would have you end your Next books at that Day. 40. For the future Number the Paragraphs of yo[u]r Letters to us, as you see we do to you that we may the Readyer take notice of any part of your Letters when we have Occasion to Return you an Answer thereto. | A further passage was presented in which it was observed that small beginnings of disorder, if not promptly addressed, might grow into greater disturbances difficult to suppress, though such issues could have been prevented with ease at an earlier stage. It was then directed that every bill of exchange was to specify clearly the account upon which it was drawn. It was noted with approval that, in one instance, a payment of forty five pounds to Hos[l]eston had been properly identified as relating to saltpetre, although no accompanying advice had been received. It was stated that it was insufficient merely to note “value received” without explanation, and that supporting accounts were to be sent with the packets to show how such value had arisen. It was further observed that, in the case of a bill drawn by Captain Peddington for ninety two pounds, the description given was inadequate, as it did not clarify whether the sum related to salary, money paid or goods delivered. It was pointed out that the accounts submitted extended only to July 1704, whereas the bill in question was dated July 1705, leaving a gap in the information provided. It was then required that every bill drawn was to state explicitly that advice had been sent, and that regular accounts were to be included in general correspondence detailing all bills issued. These accounts were to specify the reasons for each bill, the date, the number of bills issued for each sum and the amounts expressed in full words rather than figures. It was also directed that similar information was to be provided for any bills remitted to the East India Company, or, where no bills were issued, for any accounts representing money owed. It was emphasised that such information was to be clearly set out in letters, so that the Company might readily see what sums were due without having to examine numerous small documents. It was further directed that, where it was not possible to prepare complete accounts at the time of a ship’s departure, the books were instead to be balanced half yearly to 25 March. This would allow accounts to be prepared in time for transmission by ships departing in May, June or July. It was also ordered that the next set of books was to be concluded at that date. It was finally required that, in future correspondence, paragraphs were to be numbered in the same manner as in the Company’s letters, so that particular points might be more easily identified and addressed in replies. Interpretations Speculations | |
54 | 50. When any of her Majties Shipps of Warr arrive Salute them in your Usuall Manner which has been we hope to Mutuall Satisfaction. 51. When any Dutch or Dane Arrive Salute them as Customarily, But endeavour to Retrench the Expence of Powder as much as Conveniently you can. 52. When any English Ship not Ours or others Arrive Answer their Salutes the first time with no more then Three Guns and give thanks for their Return wth only one Gun and if any of our Own Shipps should faile in their Respect to us, and Insist on Guns for Guns advise us, and you have done your part we shall take the Needfull Course with them. 53. Send us an Account by every Shipping what powder you do spend at what times and on what Shipps, and what powder on any other Occasions as on firing alarm Guns etc. And take it as a Standing Rule in this and all other affaires of Ours under your Management That the More carefull you are to save every Penny the better you will Recommend your Selves to our favour. London ye 20th Decr: 1706. 3. As to the Souldiers and Blacks Runing away we cannot Doubt but if you Use the Needfull Caution it may be prevented, and this leads us to the Consideration of a Complaint we had Received that you Admit the Souldiers to Run into large Arrears at the Punch houses, and their Bills being thereupon entered at the Store house; when they want common Necessarys to cloath them, then they cannot have them till those Arrears are Discharged, This tempts the poor fellows to Run away and at least Exposes them to the loss of their Healths if it may be here taken for want of Necessarys to preserve them from the Inconveniency of their Excess, this we are told it look very probable wherefore we Require you that you put a stop to this Ill practice in such Manner as you see best for their Good as well as our Service, and advise us what is done therein, We would not have you Run into the Contrary & become hinder of their labour by for [...] of wth Moderate Supply of Provisions or Liquors but only stop the Extravagance. | A further passage was presented in which it was directed that, upon the arrival of ships of war belonging to Her Majesty, they were to be saluted in the usual manner, as had previously been practised to mutual satisfaction. It was further ordered that Dutch and Danish ships were also to be saluted according to custom, though care was to be taken to reduce the expenditure of gunpowder as far as was reasonably possible. It was then directed that, when English ships not belonging to the East India Company arrived, their salutes were to be answered initially with no more than three guns, and their return was to be acknowledged with a single gun. It was further stated that, if any Company ships failed to show proper respect or demanded equal salutes, this was to be reported, and further action would be taken by the Company. It was then required that, by every ship, an account was to be sent detailing the quantity of gunpowder expended, specifying the occasions and the ships for which it had been used, as well as any other uses such as alarm signals. It was emphasised that careful management and economy in all matters were expected, and that attention to saving even small sums would be regarded favourably. It was then recorded in a letter dated London, 20 December 1706, that concern had arisen regarding the desertion of soldiers and slaves. It was stated that such occurrences might be prevented through proper caution and management. It was further reported that complaints had been received that soldiers were permitted to incur substantial debts at punch houses, with these debts being recorded at the storehouse. It was noted that, when such soldiers later required essential clothing or provisions, these were withheld until their debts were settled, which had the effect of encouraging desertion and exposing them to hardship and ill health. It was therefore required that this practice was to be stopped in an appropriate manner, ensuring both the welfare of the soldiers and the interests of the Company. It was also directed that moderation was to be maintained, so that necessary provisions and reasonable access to food and drink were not unduly restricted, but that excessive consumption and resulting indebtedness were to be prevented. The concluding portion of the passage was unclear and is therefore represented as [...]. Interpretations Speculations | |
55 | Extravagancy and when the Souldiers have their Sober thoughts about them they will thank you for your care of them, as to ye Blacks it is Next to Impossibility for us to help the Freemen therein Unless we had timely Notice in what ships they come, and if we had the persons who prevent it properly if them will give us some plausible Acco: as if they were bought by or given to ym which we cant easily Disprove till your advices, and then Generally it is too late when ever we can we shall be ready to do them Right. 20. We Note what you write about an Hospitall for Sick Souldiers whose Landlords turns them out when they begin to Sicken and therefore you Desire to have an Hospitall, To which we say we are of opinion you should appoint a proper house for the Reception of any Souldiers as they begin to De- cline in their Healths, and if your Officers to look after them and let them have Suitable provisions and let it not be below your care or Councill to Inspect and see they are taken care of, at the same time we must Recommend to you to be as frugall as you can. 21. On the whole Matter we hereby Require that you Observe the following Orders as so many Standing Rules for the future, on no Acco: whatsoever to be Broken. Vizt. That no Frenchman or other Forreigner be admitted to go about the Island to View the Avenues & Passages, Let the pretence be fowling or any thing else. 28. That no Forreigne ships either be permitted to come about the Island on pretence of Fishing or otherwise. 29. That all our Own Ships be required to lye as Neare in as Near as conveniently they can to the Westward of the West Rocks at Chapell Valley - under the High land of Ladder Hill East Cleape - to the half Moon battery. And if any of our Captaines Refuse protest against them and advise us thereof. 30. That if any Souldier on an alarm does not Repair to his Post, and let them all know which Post to Report to when an Alarm is made give such delinquents due Punishment by riding the wooden horse or otherwise. 31. That | A further passage was presented in which it was stated that excessive behaviour among soldiers was to be restrained, as moderation would ultimately be to their benefit. It was observed that, in respect of slaves escaping the island, little could be done to assist free inhabitants unless timely notice was received identifying the ships involved. It was noted that those responsible for removing such persons might claim they had been purchased or gifted, making proof difficult without prior information, and that, by the time advice was received, it was often too late to act. It was nevertheless stated that, where possible, appropriate measures would be taken. It was then recorded that concern had been raised regarding the lack of accommodation for sick soldiers, who were reportedly turned out by their landlords when they became ill. It was therefore directed that a suitable house was to be appointed as a hospital for such cases. It was further required that officers were to oversee the care of sick soldiers, ensuring that they received proper provisions, and that the Governor and Council were to inspect these arrangements. At the same time, it was emphasised that such provisions were to be managed with economy. It was then ordered that the following measures were to be observed as standing rules for the future, not to be broken under any circumstances. It was directed that no Frenchman or other foreigner was to be permitted to travel about the island to observe its approaches or passes, regardless of the pretext offered. It was further ordered that no foreign ships were to be allowed to sail around the island under any pretext, including fishing. It was also directed that all Company ships were to anchor as close as conveniently possible to the designated position near the western rocks at Chapel Valley, under the high ground of Ladder Hill and extending towards Half Moon Battery. It was required that, if any captain refused to comply, a formal protest was to be made and reported. It was then ordered that, in the event of an alarm, any soldier who failed to report to his assigned post was to be punished appropriately. It was specified that such punishment might include riding the wooden horse or other disciplinary measures, and that all soldiers were to be clearly instructed as to the posts to which they were to report. The passage concluded with the continuation of these standing orders. Interpretations Speculations | |
56 | 31. That if the persons appoynted in work are found to be Negligent and not Mind their Duty Let each of them be punished as you Judge their Offence Deserves. 32. That if any Planter or other Freemen do not Repair to his Post allotted him when there is a Double alarm he be Fyned for the same according to the antient Constitution and on no pretence whatsoever have the least Mitigation and to prevent all Excuses acquaint the Freemen what Posts they are Respectively to Repair unto, and let them know that although in time of Peace we have not Insisted on them doing Duty on alarms, yet it always was the Settled Constitution that in time of Warr they were to be so far accounted as Souldiers as to assist when ever an alarm gives Notice of an Approaching Danger. Your Loving Friends. | A further passage was presented in which it was directed that all persons assigned to work were to perform their duties diligently, and that, if any were found negligent or inattentive, they were to be punished according to the seriousness of their offence. It was then ordered that, if any planter or other free inhabitant failed to report to his assigned post upon a double alarm, he was to be fined in accordance with the established constitution, without any mitigation. It was further required that all such inhabitants were to be clearly informed of the posts to which they were assigned, so that no excuse might be made. It was also stated that, although such duties had not been strictly enforced in times of peace, it had always been the settled rule that, in time of war, these inhabitants were to be regarded in part as soldiers and were required to assist whenever an alarm signalled approaching danger. The passage concluded with the closing expression “Your Loving Friends”. Interpretations Speculations | |
57 | Our Governr: & Councell. London ye 23. May 1707 6. Wee expect from you an Account from time to time how the Persons we Entertain here for any sorts of Imploym[en]t at St Helena behave themselves and whether they answer the Ends for which we took them into our Service as well those above Mentioned as any other we have or shall Employ, and that you take this for a standing Rule for the future. 7. Wee send this to you by the Northumberland Capt Henery Dickenson Commander, what she brings for the use of the Island you will find Mentioned in her Invoice and Bill of Ladeing Enclosed in the Packett, you will find also her Charter party which you must have a due regard unto, so far as any thing therein Concerned Relates unto you and then Make up her Charter party with any other papers you have Occation to send to Boncoolen include all in a proper Directed to the Governour and Councell of Boncoolen, which pacquet Deliver to the Captain of the ship to be Conveyed to the Go- vernour & Councell and take three Receipt[s] for the same, of the Like Tenor, One of which keep and send us two by two Conveyances. 8. Wee have wrote particularly about the Dispatch of our ships that are Ordered first to your Island, and the Charge you are at if they spend time above Ten Working Days that we Meand only refer you thereto for your Direction, Do you send us a Certificate what Dilligence is used by the Capt or Commanding and Delivering the Stores &c on board Consigned to you, and what time is spent therein, And in case the ship is above Ten Working Days in Unloading Advise how many more days was spent therein and for what Reason, Deliver up no Bills of Ladeing of this or any other ship without Endorsing thereon that the same is fully Discharged or Expressing what is wanting of the Contents in case there should be a Want. 9. Let us have an Account kept in your Books what becomes of this Wine and Brandy & what we have for it the like for all the particulars sent out from hence by this Ship and Observe therein the Directions given you More at large in our aforementioned Letters keeping a Distinct Account of each for every Item in the Invoice although it be for every Garrison Stores. | A communication dated 23 May 1707 was addressed from London to the Governor and Council. It was stated that regular reports were to be provided concerning the conduct of all persons employed at St Helena. An account was to be given, from time to time, describing how those engaged in any form of employment behaved, and whether they fulfilled the purposes for which they had been taken into service. This requirement was to apply both to those already mentioned and to any others who had been or would be employed in the future, and it was to be treated as a standing rule going forward. It was further recorded that a consignment had been sent aboard the ship Northumberland, commanded by Captain Henry Dickenson. The contents intended for the island were said to be detailed in the enclosed invoice and bill of lading, both included within the packet. The ship’s charter party was also enclosed, and it was directed that due attention was to be given to its terms in so far as they related to the recipients. Once the charter party had been completed, together with any other papers requiring transmission to Boncoolen, all documents were to be properly addressed to the Governor and Council of Boncoolen. The packet was to be delivered to the ship’s captain for conveyance, and three receipts of identical wording were to be taken. One receipt was to be retained, while the remaining two were to be sent back by separate conveyances. Reference was made to earlier letters concerning the dispatch of ships ordered first to St Helena, particularly in relation to the expense incurred if such ships remained beyond ten working days. It was directed that reliance should be placed on those earlier instructions. A certificate was to be sent detailing what diligence had been exercised by the captain or commanding officer in delivering the stores consigned, together with a record of the time taken. If any ship exceeded ten working days in unloading, an account was to be provided stating how many additional days had been required and for what reasons. It was also ordered that no bill of lading for this or any other ship was to be surrendered unless it had been endorsed to confirm that the cargo had been fully discharged, or, if not, specifying what part of the contents was missing. It was also directed that a full account was to be maintained in the official books recording the disposition of the wine and brandy, and what had been received in return for them. The same requirement was to apply to all goods sent out by the ship. These accounts were to follow the instructions previously issued in earlier correspondence, and a distinct record was to be kept for every individual item listed in the invoice, even where such items formed part of the garrison stores. Interpretations Speculations | |
58 | Stores, That you may Seal One View, whether there ha[ve] Your Loving Friends | It was further directed that the stores were to be managed in such a way that a clear and unified view might be obtained of their condition, so that it could be determined whether any embezzlements had occurred in any part of the goods or stores sent to the island. A monthly examination of these accounts was to be conducted during consultation. This examination was to include, in particular, the storekeeper’s account, detailing what had been received into store and what had been issued out, as well as the gunner’s account, specifying the items for which he was responsible. The same principle was to be applied to every other individual entrusted with the custody of any portion of the stores. It was further instructed that, if there was reason to suspect any fraudulent dealings, one or more suitable persons were to be appointed to inspect and review the remaining goods held in the custody of each responsible individual. The communication concluded with the closing expression, “Your Loving Friends”. Interpretations Speculations | |
59 | Laws Ordinances and Constitutions for the good Government of the Island of St Helena Briefly taken out of the severall Letters Laws and Ordinances directed to the Governour and Councell of said Island from time to time Both by the Right Hon[ble] the Old and United English East India Company by Virtue Power and Authority Derived to them by two Charters from Charles the Second of Ever Blessed Memory King of Great Britain France and Ireland and her present Majesty Queen Anne in her Tripartite Indenture all which Laws Orders and Constitutions are to be Observed by all such (of what Quality Soever) residing and Residing on the said Island as so many Standing Rules of Government And that none hereafter may Plead Ignorance (as too many have lately done) the same is Ingrossed and Set up in the Sessions house on the said Island in Chappell Valley Near Fort James. First touching Religion and the Worship of God It is directed ordered and appointed that the Lords Day be Religiously Observed by abstaining from all Bodily and Secular Imployments as also from all Gaming and other Unlawfull pastimes and that all persons do Resort and attend and Joyn in the publick Exercise of Religious duty as prayers hearing of Sermons and on Occasions and fitt times still Administration | A body of laws, ordinances, and constitutions for the governance of the Island of St Helena was set out, having been compiled from various letters, laws, and directives issued from time to time to the Governor and Council. These measures were stated to have been authorised by the Right Honourable the Old and United English East India Company, acting under the powers and authority granted to them by two charters issued by King Charles the Second of Great Britain, France, and Ireland, described as of ever blessed memory, and by Queen Anne through her tripartite indenture. It was declared that all such laws, orders, and constitutions were to be observed by every person residing on the island, regardless of status or rank, as standing rules of government. In order to prevent any future claims of ignorance, which had reportedly occurred frequently in recent times, the full text had been formally engrossed and displayed in the Sessions House located in Chapel Valley near Fort James. Under the first heading, concerning religion and the worship of God, it was directed, ordered, and appointed that the Lord’s Day was to be strictly observed. All bodily and secular employments were to be avoided on that day, as well as gaming and other unlawful pastimes. All persons were required to attend and participate in public religious duties, including prayers, the hearing of sermons, and, at appropriate occasions and suitable times, the administration of [...] Interpretations Speculations | |
60 | Administration of both the Sacraments of Baptism and the Lords Supper and that all be done with due Reverence Decency and order, And if in case there be no Minister the Governour and Councell shall appoint and cause some part or portion of the Holy Scripture and some Godly Sermons to be read, And that our Soveraigne Lady the Queens Majesty with the Peace happyness and prosperity of her Kingdoms be prayed for, As also for the good and Welfare of the United English East India Company. Secondly And to the Intent Religion Morality and Vertue may be Countenanced Vice Suppressed and punished And that it may be known what is Requi[re]d and what punishment Inflicted. 1. Wee do direct and appoint that all and every Person or Persons that shall Prophane the Lords Day by Trave- ling, Working Gaming or any other Unlawfull pastime shall for the first offence be only Reproved and admonished But for Every such offence afterwards shall be Fined not Exceeding the Vallue of Five Shillings for One Offence. 2. That all Swearing and taking the Name of God in Vain be carefully avoided, If any person after he hath been Once admonished for that fault shall offend by swearing he shall be Fined not Exceeding One Shil[ling] for One Offence. 3. That all Intemperance and Druncking be Abstained from If any shall drink to Drunckenness for the first offence shall be Admonished, and if after admo- nition he or she shall offend againe then they shall be Fined not Exceeding Five Shillings for One offence It being intended that if any Person of Quality (who should be Example to others) that they pay a greater Fine than persons of a Meaner Rank. 4. That all Fornication Uncleanness and Adultery be forborne and if any shall offend and Convicted of the Crime | It was further directed that the administration of both sacraments, namely baptism and the Lord’s Supper, was to be carried out with due reverence, decency, and order. In circumstances where no minister was present, it was ordered that the Governor and Council were to appoint a person to read portions of Holy Scripture and appropriate godly sermons. It was also required that prayers were to be offered for the Sovereign Lady, Queen Anne, for the peace, happiness, and prosperity of her kingdoms, and likewise for the welfare of the United English East India Company. Under the second heading, it was stated that religion, morality, and virtue were to be encouraged, while vice was to be suppressed and punished, so that it might be clearly understood what conduct was required and what penalties would be imposed. It was directed that any person who profaned the Lord’s Day by travelling, working, gaming, or engaging in any unlawful pastime was, for a first offence, to be reproved and admonished. For any subsequent offence, a fine was to be imposed not exceeding five shillings for each offence. It was ordered that all swearing and the taking of the name of God in vain were to be carefully avoided. Any person who, after having been once admonished for such behaviour, committed the offence again by swearing was to be fined not exceeding one shilling for each offence. It was further directed that all intemperance and drunkenness were to be abstained from. Any person found drunk was, for a first offence, to be admonished, and if the offence was repeated after such admonition, a fine not exceeding five shillings was to be imposed for each offence. It was also stated that persons of higher rank, who were expected to set an example to others, were to be subject to greater fines than those of lower status. It was also ordered that fornication, uncleanness, and adultery were to be avoided, and that any person who committed such offences and was convicted of the crime was to be [...] Interpretations Speculations | |
61 | From what on such care (until it be otherwise provided) Our Governour and Councill do take care to Discovr and punish the same in such a way as shall by them be found most efficacious and not forfrary to the laws and Statutes of the Kingdom of England. 5: That none do steal or take from another that which doth not belong unto him and if in case of Theft by taking away by force of Threats from any person whatsoever, they might be go to fear; or be breaking open any house, or Room, or Cupboard, or Trunk that was Locked, the party Convicted thereof shall not only Restore what he or they took away to the party from whom he or they stole the same, but all three times the value thereof and the Rest of his Estate whatsoever (after his Debts paid) shall be forfeited to the Company who shall stand in the Felony in a publique place and be whipped from thence to the place of Island that the be there [...] to the Discretion of the Governour and Councill Either to Discharge of made Work at the Fortifications of the Island; and if it be any other science of Theft and the Party Convict held the shall Return what he or they took and three times the value more in the person from whom he or the shall have any And in case of non Willing he of the shall be forced to Work for that person till the same be by work made up. If any person called or Tendering himself to be a Wittness in any case shall witnesse faultly through Mallice of covetousness or on any other Account (unless it shall appear to be Meerly by Mistake and on some circumstances not much Materiall to the thing in question) and shall be thereof convicted, the same Damage taken or received would have proceeded (had it been true and Received) to any other party or died (excepting Death) to any other party, he shall be Adjudged to suffer and forgo his Willing & Testimony shall be Deemed and adjudged invalid in all intents | It was stated that the Governor and Council were to take responsibility for identifying and punishing crimes, particularly theft, in such a manner that would be most effective and in accordance with the laws and statutes of the Kingdom of England, unless otherwise provided. The fifth directive concerned theft, specifically prohibiting individuals from stealing or taking that which did not belong to them. In cases of theft involving force or threats, or in cases where a house, room, cupboard, or trunk was forcibly broken into, the convicted party was to not only return the stolen items but also pay three times their value. Furthermore, the remainder of the thief’s estate, after settling any debts, was to be forfeited to the East India Company. The offender was to be publicly displayed as guilty of felony and whipped from that location to the island’s public area, where they could be assigned work at the island’s fortifications or face other discretionary punishments determined by the Governor and Council. In cases of theft that were not accompanied by force or threats, the convicted party was still required to return the stolen items and pay three times their value to the victim. If the individual was unwilling to do so, they could be compelled to work for the victim until the amount was compensated through labour. A further provision stated that if a person, serving as a witness in a case, gave false testimony due to malice, greed, or any other reason (except when the error was made out of mistake and the matter was not materially relevant), and if this false testimony caused harm or damage to another party (excluding death), the witness would be punished. Their testimony would be deemed invalid, and they would forfeit the right to provide witness statements in the future. Interpretations Speculations | |
62 | ntents and purposes. And if it appear that such Wittness was Suborned then to the Wittness and the person that Suborned him to be equally lyable to make Satisfaction and shall Colld stand in the Pillory. If any Person shall counterfeit any Deed, Deeds Writings or other papers or by any practise that another of any land goods or Money and thereof be convicted he shall make Satisfaction to the party Injured and shall also be fined the like seemd to the company and to stand in the Pillory on three publique days and in case of Nonability to make Satisfaction or pay the Fine, he shall be Obliged to Work for the party Injured in the first place and then for the company gratis such time as shall be adjudged Sufficient to Satisfie the said sums. In Case any person shall Quarrell with another not being his servant or under his command or strike or wound him the party offending shall make Satisfaction to the party Injured and Over and besides shall also be fined to the use of the company for breach of the peace and the said Fine not to Exceed Twenty Shillings for any One offence. In case any shall strike an Officer being at the Execution of his Office he shall be fined at Discretion not Exceeding Five pounds or to be publickly Whipt or Imprisoned unless the Governr, with the consent of the Major part of the Councill shall thinke good to pardon and shall moreover pay Treble Charges to the Officer Injured. Thirdly and for the better preserving the peace of the Island and keeping all persons in due Subordination and Securing of the Island agt Enemy’s we do ordain Direct and appoint. | It was directed that if a witness was found to have been suborned, both the witness and the person who suborned them were to be equally liable to make restitution. Both individuals would be publicly displayed in the pillory as punishment. In the case of counterfeiting deeds, writings, or any other papers, or if an individual unlawfully obtained goods or money from another through deceit, the offender was to make restitution to the injured party. Additionally, they were to be fined an amount equivalent to the value of what had been stolen or counterfeit, with the fine going to the East India Company. The offender was then to be placed in the pillory for three public days. If the offender was unable to pay the fine or make restitution, they were required to work for the injured party first and then work for the company, free of charge, for a time judged sufficient to satisfy the amounts owed. It was also decreed that if a person quarreled with another who was not under their command or struck or wounded them, the offender was to make restitution to the injured party. Additionally, the offender was to pay a fine to the company for breach of the peace. The fine for such an offence was not to exceed twenty shillings. In cases where an officer was struck while performing their duties, the offender was to be fined up to five pounds, whipped publicly, or imprisoned. However, the Governor, with the consent of the majority of the Council, could grant a pardon. Furthermore, the offender was to pay three times the costs incurred by the injured officer. Lastly, for the better preservation of peace on the island and to maintain proper subordination and security against enemies, further provisions were made, but these details were left to be outlined in the subsequent sections. Interpretations Speculations | |
63 | That no person whatsoever shall imprison or lay violent hands on, or strike the Governour, or any the superior officers or Ministers, or attempt to compell so to do, and in case any shall offend thereon and be thereof convicted he shall suffer such Corporall punishment not exceeding to the taking away of life as the Governour with the advice and consent of the Major part of his Military Officers shall judge according to the Nature of his offence. And in case of striking the Governour he shall also forfeit to the company all his lands and Tenements goods and Cattels. That any Captain, Officer or Soldier in the company or service on the said Island shall neglect their Duty and be thereof convicted by the Testimony of two Wittnesses upon Oath, he or they shall be Fined to the Governour to the Use of the company not exceeding One Month’s pay and shall also suffer such Corporall punishment as the Governour with the advice and consent of the Major part of his Councill shall adjudge the matter to deserve. If any shall imbezel or Steal any Powder, Shott Ammunition or other Stores, and sell the same, both the persons so Imbezing or Stealing as also the Abettors Buyers and Receivers thereof shall be legally Over and above the penalty’s herein before appointed, in Case of Theft to be Imprisoned not exceeding one month or to suffer such other Corporall punishment as the Governour with the advice and consent of the Major part of his Councill shall adjudge the matter to deserve. We strictly Enjoin that no person Inhabiting the Island not being Officers or Soldiers be permitted to wear any Swords it being by the reform of all Nations an Unlawfull thing on Frontier Garrisons and we thinke it may not be very proper for your | It was ordered that no person, under any circumstance, should imprison, lay violent hands upon, or strike the Governor, any superior officers, or ministers, nor attempt to compel them to do so. In the event of any individual committing such an offence, and if convicted, they were to suffer corporal punishment, with the severity determined by the Governor, in consultation with the majority of his military officers. The punishment could be severe, though not resulting in death, and was to be based on the nature of the offence. If the offence involved striking the Governor, the offender was to forfeit all their lands, tenements, goods, and livestock to the East India Company. It was also stipulated that if any captain, officer, or soldier in the company or service on the island neglected their duty and was convicted by the testimony of two witnesses under oath, they were to be fined an amount not exceeding one month’s pay, with the fine payable to the Governor for the use of the Company. Additionally, the offender was to suffer corporal punishment, the nature of which was to be determined by the Governor, with the advice and consent of the majority of his council. In cases where any person embezzled or stole powder, shot, ammunition, or other stores and sold them, both the individual who committed the theft and those who abetted, bought, or received the stolen goods were to be subject to legal penalties. In addition to the penalties for theft, they could be imprisoned for up to one month or subjected to further corporal punishment, as judged by the Governor and Council. Lastly, it was strictly prohibited for any person residing on the island, who was not an officer or soldier, to wear a sword. This prohibition was in line with the reform seen across many nations, where it was considered unlawful for civilians to carry weapons in frontier garrisons. The rationale was that such practices were deemed inappropriate in such a setting. Interpretations Speculations | |
64 | Your private Soldiers to wear Swords in such a Drinking place as St Helena is Except when they are upon Duty and if any of the Inhabitants do neglect this order you may Fine them One shilling for the first Offence, Two Shillings for the Second and so such Force Shillings. Also, Justices. But your Officers are not to be any where without their Swords, and if they be seen at any time without their swords they ought to Forfeit Five Shillings to the Company for each Offence in that kinde, Whether to extend this order So far as to Sergants and Corporals we leave to your discretion. But considering you have Officers here We think it may not be amiss to permit Sergants and Corporals to the Priviledge of wearing Swords hoping you will choose the Sovereign Men into those Offices, and whosoever of the Inhabitants Officers or Soldiers, and any going to, or going passengers on board of any Ship shall presume to Draw a sword on the Island, shall Forfeit and pay Twenty Shillings the One Moiety to the company and the other to the Necessarys of Fortifications. Fourthly, and whereas some doubts & questions have Arisen touching the holding enjoying dispossessing altering Such Lands and Plantations and in what manner and Nature the same shall descend in case of Death or otherwise as also what the like and Service is which we Require of the Possessors of the same We have thought fit to this Intent that Every person may both know the Duty Required of them and the Right belonging to them under the constitution of all particular Orders and Ordinances. That any person of persons to whom land hath been allotted (if such person or persons have been in the | It was ordered that soldiers on the island were permitted to wear swords only in certain circumstances. Specifically, they were to wear swords when not on duty, but were prohibited from doing so while in drinking establishments. Any inhabitant who neglected this order was subject to a fine, with the amount increasing for repeated offences: one shilling for the first offence, two shillings for the second, and so on, with a potential penalty of up to five shillings. The officers, however, were to wear their swords at all times, and any officer found without their sword was to forfeit five shillings to the East India Company for each offence. Whether this regulation should extend to sergeants and corporals was left to the discretion of the Governor. However, it was suggested that allowing sergeants and corporals to wear swords would be appropriate, provided that only the most competent men were chosen for these positions. Additionally, any individual, officer, soldier, or passenger on board a ship who drew their sword on the island was required to pay a fine of twenty shillings, half of which would go to the East India Company and the other half to fund the fortifications on the island. The fourth point addressed doubts and questions that had arisen regarding the holding, enjoyment, and alteration of lands and plantations on the island, particularly concerning how they should descend in the event of death or other circumstances. It was also concerned with the duties and rights of those possessing the lands. To ensure clarity on these matters, it was deemed necessary to establish a clear understanding of both the duties required of landholders and the rights they held under the constitution of the island’s orders and ordinances. Interpretations Speculations | |
65 | Actual possession and Occupation thereof Five Years to be Accompted from the time of their Actual Improvment on the Improving of the same as a plantation, such person or persons shall hold the same free to them and their Heirs, and may sell, alienate, and dispose of the same at their pleasure. That in case of the Decease of any planter duly possessed of any Lands if such planter be a single man the said lands shall Decend to his Nearest Heir or to such person as he shall by his Last Will and Testament bequeath the same, But if he be a Married Man that then One halfe thereof shall go to his Wife during her Natural Life, and the other halfe together with the Reversion of the Former halfe after his Wife deceases to be disposed according as by his Last Will and Testament shall be appointed, in case there be no such appointment then to decend at the heirs at Law. As to moveable and personall Estate that any planter shall die possessed of if the same be not disposed of by Will the same shall be Divided One Third to the Wife and the other two thirds among the Children on the Island in equall shares and if there be no children on them One halfe to the Wife and the other halfe to the Brothers and Sisters of their children. Inhabiting the said Island, but if there be no such then all to the Wife sũ in Case to receive their Wife nor Children then the whole to the whole of Kindred that Inhabit on the Island and if he hath no Kindred on the Island then the same to be Inventoried and preserved for such person or persons in England that shall be admitted to the Adminstration of his Estate. We observe that it come to Every Persons Term on Twenty acres of land to keep watch and ward every Sixth Night which at two men the 3 years of Such as have their daily to be one fifty, pay Such in making Land so it be. | It was stipulated that individuals who held land on the island and made improvements to it, such as turning it into a plantation, would retain ownership of the land for themselves and their heirs after five years of actual possession and occupation, beginning from the time the land was improved. The landholder would be free to sell, transfer, or dispose of the land as they saw fit. In the event of the death of a planter who was duly possessed of land, the inheritance of that land was to follow certain rules. If the planter was unmarried, the land would pass to his nearest heir or to the person he had designated in his will. If the planter was married, half of the land would go to his wife for the duration of her natural life, with the other half, along with the reversion of the wife’s portion after her death, to be disposed of according to the planter’s will. If there was no such will, the land would descend to the legal heirs. Regarding movable and personal property, if a planter died without leaving a will, the estate was to be divided as follows: one third of the estate would go to the wife, and the remaining two thirds would be divided equally among the children living on the island. If there were no children, half of the estate would go to the wife and the other half to the planter’s brothers and sisters who lived on the island. If there were no such siblings, the entire estate would go to the wife. In the case where neither wife nor children survived, the estate would be divided among the planter’s relatives who lived on the island. If no relatives were present, the estate would be inventoried and preserved for administration by the appointed person or persons in England. Lastly, it was mentioned that every person who held land on the island, specifically those with a plot of twenty acres, was required to keep watch every sixth night, with two men assigned per watch. This system of night watch was likely intended to ensure the security of the land and the safety of the island’s inhabitants. Interpretations Speculations | |
66 | --- Therefore we have thought that the said Fourty Shills of Annum upon Every twenty Acres of Free hold and shall hereafter in Monely be yeald to the Governour yearly and the planter to discharge of such constant Watching and Warding. But not withstanding all Free planters and all persons Living within the Island that are able to bear Arms shall be duly quartered as they have been and constantly upon allarms appear at their Respective Quarters on Arms under the same penalty upon the Defaulters, as hath been formerly used of such greater Penalty as Our Governour and Councill shall think fit to Impose upon them and shall likewise attend as Train Bands at Generall Musters and Exercise of Arms which Our said Governour and Councill shall Command them to. 5. We have thought fit to take off that restraint from our Free planters of buying Negroes with only this condition that Every free planter Lease and either person that will keep to the number of four Negros shall keep One English Man Extraordinary to Attend all arms on occasions upon the Governour for the Company the Fourty Shillings & Annum and to pay proportionally Eight for one Negro Ten Shillings for two Twenty Shillings, Three thirty Shillings [...] Annum the reason of which order it as the Neighbors do Increase upon the Island it will be necessary for the Company proportionally to Increase for Garrisons for the Security of the Inhabitants as well as the Island. 6. And we do hereby Strictly forbid all the persons upon the Island from suffering any cattle to stray at as our Law saith to be lenvent and merchant upon the Companies waste lands Except such only as shall be for marked with the Companies brand which we have sent you herewith and the owners of every Beast are to pay the Companies duties provided for being passed to graze one Year upon the Companies waste lands. --- | It was directed that a yearly fee of forty shillings per twenty acres of freehold land was to be paid to the Governor, in exchange for the planters being relieved from the duty of constant watch and ward. However, all free planters and other able-bodied persons living on the island who were capable of bearing arms were required to remain quartered as before and must appear at their respective quarters for military duty whenever required. The same penalties for non-compliance would be applied as had been previously used, or additional penalties as deemed fit by the Governor and Council. Furthermore, these individuals were required to attend general musters and participate in the exercise of arms as commanded by the Governor and Council. The restriction on free planters buying Negroes was lifted, but with the condition that every free planter who wished to keep up to four slaves was required to maintain one Englishman in their service, specifically to attend to all arms and military matters on occasions. Additionally, the planter was to pay forty shillings per annum for the upkeep of the slaves. Proportional payments were to be made depending on the number of slaves, with payments structured as follows: eight shillings for one slave, ten shillings for two, twenty shillings for three, and thirty shillings for four. This regulation was made in light of the increasing population on the island, as it would be necessary for the Company to proportionally increase the garrison to ensure the security of both the inhabitants and the island itself. Lastly, it was strictly forbidden for any person on the island to allow their cattle to stray, as had been the practice under previous laws. Only cattle marked with the Company’s brand were allowed to graze on the Company’s waste lands. The owners of any such cattle were required to pay the Company’s duties for grazing on the land for one year. Interpretations Speculations | |
67 | --- 7. We think for the Publicque Utility of the Island you should upon Easter Munday in Every Year or upon some other Certain Day (that you shall find more convenient) Assemble all the free planters of the Island to make Election for two Surveyors of the high ways and one Church Warden for each Church the manner whereof shall be that the free planters by their Major Votes present four to the Governour for those two, and four for Church Wardens, out of which four the Governour to choose two that shall be Surveyors for that year, and out of the other four choose two that shall be Church Wardens. 8. But our Express orders is that now and for Ever no Leases, Shopkeepers, Artificers or other person whatsoever shall at any time have Voice or Sufforage for Election of any Island or Parish Officers but only such as are free Planters setled in their possessions and Inheritances and no purchased Lands shall have Votes more then for twenty Acres in said Election, 9. And we do hereby order and Direct that Every Master or Mistress of a Family of what Condition soever shall yearly pay Six pence p Head for Every person Man or Woman White or black above the Age of Sixteen years, for and towards the Charge and Repairing the Church. 10. And we do order that for the Publicque Utility of the Island every person as well Free planters, Shopkeepers, Leases, Artificers, and all Servants, Labourers, and Negro’s shall afford one dayes labour in Every year for the Repair and Meliorating of the high ways when they shall be Summoned thereunto by our said Surveyors of the high ways by Warrant Directed to them by our Governour and Councill. --- | It was directed that, for the public utility of the island, every year on Easter Monday or another suitable day, all the free planters should assemble to elect two surveyors of the highways and one churchwarden for each church. The election process was outlined, with the free planters being required to present four candidates for surveyors and four for churchwardens. The Governor would then choose two surveyors and two churchwardens from the four candidates nominated for each role. Furthermore, it was expressly ordered that only free planters settled in their possessions and inheritances were eligible to vote or participate in elections for island or parish officers. Leaseholders, shopkeepers, artificers, or other individuals were excluded from voting rights. Also, no purchased land was to have more than twenty acres eligible for voting in such elections. It was also ordered that every master or mistress of a household, regardless of their condition, was to pay six pence per person above the age of sixteen (whether white or black) annually for the repair and upkeep of the church. In addition, it was decreed that all persons on the island, including free planters, shopkeepers, leaseholders, artificers, servants, labourers, and Negroes, were to provide one day’s labour each year for the repair and improvement of the highways. They were to be summoned by the surveyors of the highways, under a warrant issued by the Governor and Council. Interpretations Speculations | |
68 | --- 55. And we do hereby Establish a small Duty to be Levyed upon all the Trade of the Island Vizt For Every Ox or neat Beast sent on board any ship 0:0:6 For Every hundred weight of Sugar Landed 0:0:6 For Every hogshead of Arrack Brandy or Wine 0:10:0 For Every piece of Callicoe 0:0:6 For Every piece of Silke 0:5:0 And so proportionably for a lesser or a greater quantity of Commodities. 52. We do further order that no person whatsoever presume to cutt any Timber Tree upon the Companys Waste Lands, or any tree of theirs growing to be Timber upon the Penalty of Twenty Shillings for every such offence. 53. We have heard very scandalous Reports of Loose Women going on board our ships for the future Suffer none to go on Board upon any Pretence with out a Licence in Writing from the Governour, and if any offend herein Fine them for the first offence One Dollar, for the second two, and so on till you have broke them from that Wicked and scandalous Practice otherwise punish them at your Discretion till you have this matter into good order. 54. We see all our duty’s and almost all our payment of goods comes in by Cattle and therefore for the future we have ordered all our ships to Receive their Cattle Immediately from the Company while you have any of ours fitt for their Service, and none from the Inhabitants but when you have not sufficient to Furnish our ships with. 55. We do Injoyn you for the future to Suffer no person whatsoever to Retaile any Liquor or Tobacco without --- | A small duty was established to be levied on various trades on the island, as follows:
The duties were to be applied proportionally for greater or lesser quantities of these commodities. It was further ordered that no person was permitted to cut any timber tree on the Company’s waste lands or any tree growing on those lands that was considered suitable for timber. Anyone found violating this rule would be fined twenty shillings for each offence. In response to reports of scandalous behaviour, particularly involving loose women boarding ships, it was mandated that no woman could board a ship without a written licence from the Governor. If any person violated this order, they were to be fined one dollar for the first offence, two dollars for the second, and so on. Persistent offenders were to be punished at the Governor’s discretion until the matter was brought under control. Additionally, the Governor and Council saw that most duties and payments for goods were being made through cattle. Consequently, it was ordered that all ships should receive their cattle directly from the Company whenever cattle were available, and only in cases where the Company did not have sufficient cattle should they accept cattle from the inhabitants. Lastly, it was decreed that no person was allowed to retail liquor or tobacco without proper authorisation, though the specifics of this restriction were left incomplete. Interpretations Speculations | |
69 | --- without paying the Company Four pounds p Annum Quarterly. 56. We Observe and hear by others which came from that Island that there is a great Trade drove on the Island of Distilling Arrack from Roots and Fruit, which will soon Consume the greatest part of the wood on the Island (if it be not speedily prevented) We do therefore hereby order and appoint that no person upon the Island be permitted to Distill Arrack Except they Compound with you for the Company wood they expend in Distilling after the Rate of Twelve pence p hundred weight for all the Company wood spent by Distillation and also pay you four pence p Gallon upon all Low wines of the first Running of such Distilled Liquors for the Companys Use. 57. We Require you to make Every order as to many standing Rules and to be Intirely Obeyed Except the halfe Tax of Two Shillings p Acre we Laid upon Planters. 58. We would have you also forbid all killing any Pheasants Guinee Hens Turtle Doves or any other Game upon the Island Except such as shall be found within their own plantations upon such small penalty as you shall think fit to be paid One halfe to the Company and the other halfe to the Informer. 59. Touching the Disputes among your Inhabitants Relating to the possession of their Lands and how long time makes a proscription We say there is no standing Rule in any Country which binds in another and what has been the Custome of St Helena we are not fully approved of; for the future when any Lands are alienated or Mortgaged let --- | It was stipulated that anyone wishing to retail liquor or tobacco on the island was required to pay the Company a fee of four pounds per annum, which was to be paid quarterly. A concern was raised about the growing trade of distilling arrack from roots and fruit on the island. This practice was seen as a threat to the island’s wood supply, as it was feared that it would consume a significant portion of the available timber if allowed to continue unchecked. To address this, it was ordered that no person on the island could distil arrack unless they had a written agreement with the Company to pay for the wood they used in distilling. The rate was set at twelve pence per hundredweight for all Company wood consumed in the process. Additionally, a charge of four pence per gallon was to be paid to the Company for all low wines produced from the first distillation of liquor. It was also required that every order made by the Governor and Council be treated as standing rules to be fully obeyed, except for the half-tax of two shillings per acre that had been laid upon planters. Further restrictions were placed on hunting and the killing of certain animals, including pheasants, guinea hens, turtle doves, and any other game. It was ordered that no person on the island could kill these animals except for those found within their own plantations. A fine was to be imposed for any offences, with half of the fine going to the Company and the other half to the informer. Lastly, regarding disputes among the inhabitants related to the possession of land and the duration of time required to establish ownership, it was noted that there was no universal rule that applied in all countries. The custom that had been followed on St Helena was not fully approved, and it was ordered that, in the future, when any lands were alienated or mortgaged, the terms and conditions of the transaction should be clearly established to avoid any disputes. Interpretations Speculations | |
70 | --- there be a Register kept in the Fort specifying the substance of such alienation or Mortgage what Sold and who buys and for what and lett Every such Entry be Signed by the Buyer and Seller and Attested by the Governour and Councill for the time being without which the Bargain or Sale not be accounted binding and for what is past if there be any Litigious person that will Complain lett a Jury be Judge of the Case who we hope will Determine upon a full hearing according to Equity and a good Conscience and for the better Encouragement of all such as live quietly and desire to do so Lett there be a publique Declaration made on the Island that for the Relief of the Inhabitants all Persons do by a day Certain give in to the Councill an Account of what Free hold they claime which do you Cause to be Entered in a Book for that purpose with Notice that in case no Exception is taken thereto by another day Certain suppose Six Months more or Less, then such their Claim shall be taken as a Certain Evidence of their property not to be Controverted in Future; This we hope will usefully the Disputes of the People If after all there should be any Case that doth not Come within the Rules above Mentioned send it us particularly stated and we will Return you a finall Answer. 20. We have given you Repeated Notice that what Orders we send you in our Letters are to be Observed as so many Standing Directions for your Government and Expect you Observe them as such. God Save the Queen. And Bless the Right Honble United English East India Company. --- | It was ordered that a register be kept at the fort, recording the details of any land alienations or mortgages, including the substance of the transaction, the names of the buyer and seller, and the terms of the sale. Both the buyer and seller were required to sign the entry, which was to be attested by the Governor and Council for the time being. Without such a registered entry, the transaction would not be considered binding. In case of any disputes or litigious complaints regarding past transactions, a jury was to be summoned to judge the matter, ensuring a fair decision based on equity and good conscience. Furthermore, to encourage peaceful living and resolve disputes, it was directed that a public declaration be made on the island requiring all inhabitants to provide the Council with an account of the freehold property they claimed. This information was to be entered into a book dedicated to such purposes. A deadline, referred to as a “certain day,” was to be set for submitting these claims, and after a designated period, for example, six months, if no objections were raised, the claim would be considered valid and conclusive, not subject to dispute in the future. If any cases arose that did not fall within the outlined rules, they were to be sent to the Company for a final determination. Lastly, it was reiterated that all orders sent by the Company were to be treated as standing directions for the governance of the island and that they should be observed as such by the Governor and Council. Interpretations Speculations | |
71 | --- Laws and Orders Instituted for the Negroe Slaves. 1st 1. A Paragraph of the Rt Honble Comp Instructions We think the Law you have made Concerning Satisfaction to be Levyed by Sale upon all the Owners of Blacks to satisfy other Owners whose Blacks shall be Executed for heinous Offences is a good Law and which we do therefore hereby Confirm for a standing Law in that Island. 2. By the Inhabitants of said Island with the Approbation of Governour and Councill. Against Wandring on Sundays. That no Black or Blacks upon any Pretence whatsoever shall wander from his Masters plantation upon Sundays without a Lawfull Occasion granted by their said Masters or Mistresses either by Writing or some other Token that shall be known by the Neighborhood upon the penalty of Ten lashes on his Naked Body for the first offence Fifteen for the second, Twenty for the Third and so for Every Offence thereafter committed But if the Master of the said Slave or Slaves should Refuse to Comply with this said order and the Person who shall have taken the said Slave or Slaves acting contrary to his said order shall be Obliged to Complain to the Governour and Councill whom we desire to fine him or them that shall so offend at Discretion. For --- | Laws and orders were established for the management of Negro slaves on the island. The first law confirmed by the Right Honourable Company concerned the satisfaction to be levied from owners of slaves to compensate other slave owners whose slaves had been executed for heinous offences. This law was recognised as a good measure and was confirmed as a standing law for the island. A further law, approved by the inhabitants of the island with the approval of the Governor and Council, was instituted against wandering on Sundays. It was decreed that no slave or slaves were allowed to leave their master’s plantation on Sundays for any reason, unless they had a lawful occasion granted by their master or mistress. This permission was to be in writing or some other token that could be recognised by the neighbourhood. If a slave was found wandering without such permission, they were to be punished with ten lashes for the first offence, fifteen lashes for the second, and twenty lashes for the third. For each subsequent offence, the punishment would increase accordingly. However, if the master of the slave refused to comply with the order, and a person took a slave away contrary to this order, the offender could be compelled to report the incident to the Governor and Council. The Governor and Council were to impose a fine at their discretion on those who violated the law. Interpretations Speculations | |
72 | --- For Pilfering and Stealing and That Negroe or Negroes that shall be known to steale the Vallue of Eighteen pence shall have Twenty lashes on their Naked body inflicted by the Master or Masters of said Slave or Slaves in the presence of the person so offended, But if the Theft should amount to three shillings the lashes abovesaid are to be Increased to Thirty, and if six shillings to sixty and the party so preju= diced shall Receive the Vallue of the thing so Stolen in Specie or in Money from the Owner of said Slave or Slaves, and if the Theft amount to above Six Shillings, and under Thirty Shillings the Offender shall be Seized and brought to the Fort, where he shall Immediately Receive Fifty Lashes on his Naked body and Secured two days after he shall Receive Thirty Lashes, and two days after that Twenty more and the Master of the Black shall pay the Vallue Stolen as before. Absent and Run aways. Those that shall absent their Masters service three Days and Three Nights shall be punished according to the Last foregoing Article and the Master make Satisfaction for what they have stolen as aforesaid. For Breaking open Houses. For the first Offence on that kinde the Master or Masters shall make Satisfaction for what is sto= len and repair all Damages done by the said Slave or Slaves, so soon as taken shall be brought to the Fort and Immediately Receive on his Naked body One hundred Lashes then Secured four days after | The laws for the management of Negro slaves continued with detailed provisions for theft, runaway slaves, and the consequences for breaking and entering. Regarding pilfering and stealing, it was ordered that any Negro slave known to steal goods worth eighteen pence was to receive twenty lashes on their naked body, inflicted by their master or mistress in the presence of the person who had been offended by the theft. If the stolen goods were worth three shillings, the punishment was increased to thirty lashes. For goods valued at six shillings, the punishment would be sixty lashes. Additionally, the injured party was entitled to receive the value of the stolen goods, either in specie or money, from the slave’s owner. If the theft amounted to more than six shillings but less than thirty shillings, the offender was to be seized and brought to the fort, where they would immediately receive fifty lashes on their naked body. After being secured for two days, they would receive another thirty lashes, and two days later, a final twenty lashes. The master of the slave was also required to pay the value of the stolen goods as previously stated. For runaway slaves, it was mandated that any slave who absented themselves from their master’s service for three days and three nights would be punished according to the same provisions for theft. The master was also required to make restitution for any property stolen by the runaway. Regarding the crime of breaking into houses, it was ordered that for the first offence, the slave’s master was to make restitution for any goods stolen and repair any damages caused. Once the offending slave was captured, they were to be brought to the fort and immediately receive one hundred lashes on their naked body. The slave would then be secured for four days before receiving additional lashes, though the exact number of additional lashes was not specified in this part. Interpretations Speculations | |
73 | --- After Thirty, Six Days after that twenty more, and Branded in the Forehead with the Letter R. for the Second Offence on this kinde he shall be punished as abovesaid and wear for one year a Chain and Clogg of Thirty pound weight and for the third offence satisfaction shall be made as abovesaid to the Loser or Losers, and the slave or slaves shall suffer Death as the Discretion of Governour and Government. In Relation to strike any or Assaulting any White Person. In Case any Male Slave from the age of sixteen years and upwards shall presume and attempt to strike or Assault any White person whatsoever Correcting him or otherwise for any cause whatsoever shall for the said offence or offences (though without Weapon or Dangerous Instruments) Undergoe and suffer the Punishment of Castration That is to say shall have his Testicles cut out, and in case any such Slave or Slaves shall chance to Die under the Punishment aforesaid or before he be well then the Country and Publick shall bear the Loss and make good the Vallue of said Black with the charge of Castration to the Master or Owner of said Slave or Slaves according to an Appraisement made by Governour and Councill for the time being Further but if in Case the said Slave or Slaves should die thro Neglect of the Master or Owner then upon Proof thereof the said Master or Owner to bear their own Loss of the said Slave or Slaves, and the whole charge of Every thing Relating thereto and if the said Slave lived the Master to bear all Charges. --- | The laws regarding the punishment of slaves continued with provisions for repeat offenders, particularly in cases of assault or striking a white person. For a slave who committed a second offence, the punishment would be as follows: they would receive additional lashes, as detailed in previous punishments, and would be branded in the forehead with the letter “R” to mark the offence. For the third offence, the slave would receive the same punishment, and restitution would be made to the victim, as had been ordered previously. In addition to this, the slave would be required to wear a chain and clog weighing thirty pounds for one year. For a fourth offence, the offender would suffer death, with the decision left to the discretion of the Governor and Council. Further provisions were made for cases where a male slave, aged sixteen or older, attempted to strike or assault any white person. The punishment for such an offence, even if no weapon or dangerous instrument was used, was castration. The slave’s testicles were to be removed as punishment for this crime. If the slave died as a result of the punishment or before recovering, the island’s public funds and the country were to compensate the slave’s master for the loss of the slave, as well as for the cost of the castration, with the compensation amount determined by an appraisal made by the Governor and Council. However, if the slave’s death was due to the neglect of the master or owner, they would bear the full responsibility for the slave’s death and all associated costs. If the slave survived the punishment, the master would be responsible for all related expenses. Interpretations Speculations | |
74 | --- In Relation to those that shall give Saucy Language Resist Oppose or Strike any White Person. That if any Negroe Slave Male or Female shall presume to Resist any White person whatsoever in the taking or punishing of them upon any Lawfull Occasion, the Slave or Slaves so offending and Resisting as aforesaid for the first offence shall be Immediately conveyed to the great Fort and secured till they have undergone Double punishment according to the Constitution of Run away Negroes and branded on the forehead with the Letter R and for a second offence in this Nature the said Slave or Slaves so offending shall suffer the same punishment as is adjudged and ordered in the Case of striking or assaulting any white person to wit to be castrated if a Male But if a Female to be severely whipped as aforesaid and both Ears to be cutt off and branded in the forehead and both Cheeks. And in case any Slave or Slaves Male or Female shall presume to strike any white person whatsoever with any Weapon the said Slave or Slaves so offending shall suffer Death Except those white persons who Debase and Debase themselves in conversing Corresponding and Gaming with Blacks as if they were Equall which we Judge shall have no more Benefit of those Laws than Blacks themselves. And in Case any Negroe Slave Male or Female shall presume to give any Saucy or Impertinent Language or Answer to any White person (Except those white Persons aforesaid) shall upon Complaint thereof to the Master or Owners of the said Slave or Slaves --- | The laws concerning the punishment of slaves for opposing or striking white persons were severe and escalated depending on the nature of the offence. For any male or female slave who resisted or opposed a white person in the course of lawful action, such as being taken or punished, the offender was to be immediately conveyed to the great fort and secured. They would then undergo double the punishment normally imposed for runaway slaves, which included being branded on the forehead with the letter “R” to mark the offence. For a second offence of this kind, the punishment would be the same as for striking or assaulting a white person, which included castration for male slaves and severe whipping for female slaves, in addition to having both ears cut off and being branded on the forehead and both cheeks. If a male or female slave struck a white person with any weapon, the punishment would be death, unless the white person involved had debased themselves by treating blacks as equals—engaging with them in conversations, correspondence, or gaming, in which case they would not receive the benefit of these laws and would be treated in the same manner as the slaves. Additionally, any male or female slave who used saucy or impertinent language or answers towards a white person (excluding those white persons who were treated as equals under the law) would face a complaint process. The slave’s master or owner would be expected to deal with the complaint and administer punishment accordingly. Interpretations Speculations | |
75 | --- severely whipt on the presence of the party offen= ded to his Satisfaction and if the said Master or Owner of the said Slave shall Refuse or Neglect to punish his said Slave so offending then the party offended may complain to the Governour and so cause the said Slave to be apprehended & Conveyed to the Fort & punished according to the Nature of the Offence. Against one Black Bartering wth another That no Negroe Slave or Slaves shall Truck Barter or Exchange any thing or Commodity one with the other without the foreknowledge and Consent of the Owners of the said Negroes both the Sellers & Buyers Deliverers and Receivers of any Commodity whatsoever to the Vallue of One Shilling upon the penalty of Twenty Lashes or more if it should Exceed that Vallue according to the Judgment of Governour and Councill Severely to be Inflicted on them at the Flaggstaff upon the Complaint of any One aggreived of such a clandestine way of the Negroes Dealing with one another. Against any White Person Trucking or Bartering with Blacks. That no white Person whatsoever shall Truck Barter or Exchange any Commodity whatsoever with any Negroe or Negroes to sell to them nor buy of them any sort of Commodity without the Foreknowledge & Consent of the Owners of the said Negroe or Negroes upon the Penalty of being adjudged Accessary to Felony and so Consequently lyable to a four fold Restitution to the Owners of said Negroe or Negroes besides a Fine to the Lords Proprietors, nor no Negroe shall alienate any Commodity or thing whatsoever to any white person whatsoever without | The laws continued with strict regulations regarding the conduct of slaves, particularly concerning their interactions with each other and with white persons. In the case where a slave committed an offence, such as using disrespectful language or actions, they were to be severely whipped in the presence of the party offended, with the punishment being inflicted to the satisfaction of the offended party. If the master or owner of the slave refused or neglected to carry out the punishment, the offended party had the right to complain to the Governor, who would then ensure the slave was apprehended and conveyed to the fort for punishment, according to the nature of the offence. A law was also established prohibiting slaves from bartering, trucking, or exchanging goods with one another without the prior knowledge and consent of their owners. If a slave was found to be involved in such an exchange, the penalty would be twenty lashes, or more if the value of the goods exchanged exceeded one shilling, with the exact number of lashes to be determined by the Governor and Council. This punishment was to be carried out severely at the flagstaff, and any complaints made by an aggrieved party would be acted upon. It was also prohibited for any white person to engage in barter or trade with slaves without the prior consent of the owners of the slaves involved. If a white person violated this rule, they were to be considered an accessory to felony and would be liable for four times the restitution of the value of the commodities traded, as well as a fine payable to the Lords Proprietors. Additionally, slaves were forbidden from transferring any goods or commodities to white persons without the express consent of their owners. Interpretations Speculations | |
76 | --- without the Leave and Consent of the said Negroes Master or Mistress before hand Upon the Penalty of severe Correction according to the Judgment of Governour and Councill. No Black to Prescribe Physickians to Others That no Negroe whatsoever shall prescribe or Administer any Physick or Medecine whatsoever to any Negroe or Negroes without the Consent of his or their Master or Mistress of that Negroe unto whom he shall prescribe or administer any Physick or Medecine unto upon the Penalty of severe Correction according to the Judgment of Governour and Councill Neither shall any Negroe whatsoever take or Receive any Physick or Medecine or follow the Rules or prescription of any pretended Black Doctor whatsoever without acquainting their Master or Mistress therewith upon the Penalty of Like pain and punishment as the Black Doctor who pretends to Physick is Lyable unto. --- | The laws continued with provisions regarding the control over medical practices among the slave population. It was ordered that no Negro slave was allowed to prescribe or administer any medicine or medical treatment to other slaves without the prior consent of their master or mistress. Any slave found violating this rule was to be subjected to severe correction, as judged by the Governor and Council. Furthermore, no slave was allowed to take or receive any medicine or follow the advice of a so-called “Black doctor” without informing their master or mistress. If the slave took part in such actions without the necessary consent, they would face the same penalties as the so-called “Black doctor” who administered the treatment. Interpretations Speculations | |
77 | --- Costs to be Pd to Shipping To put a stop to ye Soldiers Running in Debt Restrained the Punish[men]t for more than twice 4 Allowed Victualling in their Quarters for all other farther punishments do not to Transfer them at ye Fort 7 The Storekeeper not to trade in other mens Names to our detriment Not to Claim as his private goods & Supply Casks & Baggs in Storehouse room To Make good ye Channels & Watercourses to prevent Damages by hasty Rains & Inundations 18 The Hospitall or Infirmary Appointed 20 No Board Wages to be allowed in Com[m]iss Ships to be Directed to birth & moor by ye Governr or Warden to be sent to the Company 25 No Foreigner to be Admitted to go ashore the Island more yt pleasure either fishing or any other Reason Whatsoever 27 No Foreign Boats permitted to come on shore to go on fishing 28 No Foreign Boats permitted to come on shore to go on fishing --- | The laws and orders continued with various directives concerning the management of the island’s resources, the regulation of soldiers, and the control of foreign activities. It was stated that steps were to be taken to prevent soldiers from running into debt, including restricting punishments to no more than twice. Soldiers were also allowed to be victualled (provided with food) in their quarters, with other punishments not to involve transferring them to the fort. The storekeeper was prohibited from engaging in trade under other people’s names to the detriment of the Company. They were also not allowed to claim private goods as belonging to the Company, nor to misuse storehouse supplies like casks and bags. Measures were ordered to improve the island’s infrastructure, including the repair and maintenance of channels and watercourses to prevent damage from hasty rains and inundations. The establishment of a hospital or infirmary was appointed to ensure the proper care of sick or injured persons on the island. Board wages were not to be allowed on commissary ships, and it was ordered that these ships should be directed to dock and moor by the Governor or Warden, with reports to be sent to the Company. Further restrictions were imposed on foreign vessels and individuals. No foreigner was to be allowed to go ashore on the island for any reason, including fishing or other personal matters. Similarly, no foreign boats were to be permitted to come ashore to engage in fishing. Interpretations Speculations | |
78 | --- That all our own ships be required to ly as near in as conveniently they can to ye North of the Wharf Rock, just clear of the Half moon Battery wth if they refuse to Comply wth Advice as aforesd 29 30 All Soldiers to be punished yt do not keep to their posts on an Alarm 31 To punish all those who are negligent in looking out 32 To fine all the Gunners who does not appear at a double alarm according to ye Ancient Constitution or no persons whatsoever to have his Boat without The Governr not to keep open house nor entertain any body constantly at ye Charge on the Companys Account --- | The laws and orders for the island continued with specific regulations regarding ship positioning, military discipline, and the conduct of the Governor. It was directed that all ships owned by the Company should be required to anchor as close to the northern part of the Wharf Rock as possible, ensuring they were clear of the Half Moon Battery. Ships that refused to comply with this direction were to be advised accordingly. Regarding military discipline, it was ordered that all soldiers who failed to remain at their posts during an alarm were to be punished. Similarly, those who were negligent in keeping a proper lookout were also to face penalties. Gunners who did not appear at a double alarm, as per the ancient constitution, were to be fined. The regulation also stated that no person should have a boat without the proper authorization, likely to prevent unauthorized use of boats. Additionally, it was ordered that the Governor was not to keep an open house or entertain people at the Company’s expense, meaning that the Governor was expected to refrain from hosting guests at the cost of the Company’s funds. Interpretations Speculations | |
79 | --- Novr 14 When any Arrack brought from India to Examine the Casks and to see if any has been adulterated. permission to take out of any the Company Ships any sort of Cloth proper for Shipping or Stuff for outward garments as often as the Island is in want, Not Exceeding for 6 Bales a year which Clause may show the Commanders we also permit and if in good want to take out Arrack not Exceeding 30 ptt per month which must not omit to advise of. 21 Useless black women and children to be disposed of to your advantage 23 Punishments for blacks offending to be done by an Assembly of the Inhabitants &c 24 Any of the Councill to have access to Books, Lawful to be kept in the Office for that purpose 25 All Letters from England to be Entered in a book for that purpose and Intirely Transmitted to be preserved from Damage 26 Legal Wills Survey &c of Lands to be fairly Entered &c in a book appointed particularly and those books carefully preserved and the Originals kept in a separate place that the persons concerned may have recourse Captn Sandy’s Acco: and opinion about the fortifications &c 43 Fortifications to be forwarded to secure the Island from Insults. --- | The laws and orders outlined several provisions for the regulation of goods, people, and governance on the island. On 14 November, it was ordered that when arrack was brought from India, the casks were to be inspected to ensure that the contents had not been adulterated. Additionally, permission was granted to remove certain goods from the Company ships, such as cloth suitable for shipping or materials for outer garments, whenever the island was in need. However, this was limited to six bales per year. Furthermore, if there was a genuine need, up to 30 pints of arrack could be taken per month, with the condition that such actions were to be reported. It was also directed that any “useless” black women and children should be disposed of in a manner that would be beneficial to the island, likely referring to their sale or redistribution to maximise their utility. Punishments for blacks offending against the laws were to be carried out by an assembly of the island’s inhabitants, ensuring community involvement in the process of enforcement. Any member of the Council was given the right to access the books kept in the office for official purposes. Additionally, all letters received from England were to be entered in a book specifically for that purpose, with the goal of ensuring that these letters were preserved from damage and fully transmitted. Legal matters related to wills, surveys, and the ownership of lands were to be fairly entered into a designated book, which was to be carefully maintained. The original documents were to be stored separately, allowing the individuals concerned to refer to them as needed. It was noted that Captain Sandy’s account and opinion on fortifications were being considered, with a clear directive for fortifications to be advanced in order to secure the island against external threats. Interpretations Speculations | |
80 | Letters & Instructions Sent by the Old Comp[an]y The Court of managers and court of Directors to be abstracted and to be put each under the proper head to w[hi]ch they belong If any former laws are of a Temporary Nature or by the Change or alteration of Affairs and in Gov[er]n[or] & Councill opinion no longer binding, those to Suspend & intimating them the Execution with the reasons to be Sent by Home Comp[an]y Such Laws as relates to the people of the Island to be published to prevent their incurring the Penalty thro Ignorance Such notice to begin once a year if need be after Divine Service in the Church Ships Sent from England to St Helena to be Dispatch’d with all Expedition and if the Cap[tn] are dilatory to prosecute ag[ain]st ‘em Expressing where the dilatoriness consists or any thing else necessary to fix the blame on Sd Command[er] and to get the Dispatches ready against the very hour they have Sent ye part of their Cargo on Shore Such Ships as touch at St Helena homeward bound during Season to be hastened away for England Storekeeper to Acct monthly for all goods disposed of and what remains and to prevent Imbezlement or Damage by Inspecting them often G[over]n[o]r to Acct monthly in office for Stores and his charge Generall Acct to be Sent home yearly, which acct to be made up to the 25th March Care to be taken that ye Laws be duly put in Execution Justice impartially Administred, virtue promoted & vice of all kinds discountenanced An Exact Acct to be kept of every day’s proceedings during time Ships unloading and in case of delay, it must be Set down what it was and how it lasted, and if ye Cap[tn] make reply with Excuses, Show the weakness or falsity of them | The laws and instructions for governance on the island included several provisions for maintaining order, accountability, and efficiency, particularly with regard to trade, ship operations, and the administration of justice. It was ordered that all letters and instructions from the Old Company, the Court of Managers, and the Court of Directors be abstracted and organised under the proper headings to which they belonged, ensuring that records were properly maintained and easily accessible. Any former laws that were temporary or no longer applicable due to changes in affairs or governance were to be suspended. If such laws were considered outdated or irrelevant, the Governor and Council were to notify the Home Company, explaining the reasons for the suspension and ensuring that these changes were formally communicated. Laws related to the inhabitants of the island were to be published regularly to ensure that the population was aware of their legal responsibilities, preventing any penalties from being incurred through ignorance. It was suggested that such notices be given once a year, if necessary, following the Divine Service in the church. Ships sent from England to St Helena were to be dispatched with the utmost speed. If any captains were found to be dilatory, action was to be taken against them, with specific attention paid to identifying where the delays occurred. The aim was to ensure that dispatches were ready for shipment as soon as part of the cargo had been unloaded. For ships touching at St Helena on their return journey to England, during the appropriate season, they were to be hastened away, ensuring timely departures for England. The storekeeper was required to account monthly for all goods disposed of, as well as what remained in store. Regular inspections were to be carried out to prevent embezzlement or damage to the goods. The Governor was also required to account monthly for the stores and his charges, ensuring that all resources were properly managed. A general account was to be sent home yearly, made up to the 25th of March, providing a summary of the island’s financial and operational status. It was explicitly stated that care should be taken to ensure that laws were duly executed, justice was impartially administered, and that virtue was promoted while vice of all kinds was discouraged. An exact record was to be kept of every day’s proceedings during the unloading of ships. In case of delays, the reason for the delay was to be clearly recorded, and if the captain made excuses for the delay, the weakness or falsehood of those excuses was to be exposed. Interpretations Speculations | |
81 | 28 Commanders to send their Count Papers aboard for ye Company’s being on Dispatches. 34 Advice to be given of what Com[m]od[iti]es or Stores Produce quantities the King Should Set a price so high that cant be given 35 Clause in Charterparty for Com[m]and[er] Complying with Gov[er]n[or] & Dispose for Necessary Supplys and Shipping being case of Necessity to take out 3 or 4 bales more then declared in the Mani[...] [...][...] Letter to China as also of Carack Surg[eo]n &c for the preservation of the Inhabitants healths 37 Goods sent from England to be sold at 40 p[er] Ct in an average & Goods from India Stand on another foot the price to be Sett on as shall be Judg’d Equitable wh[ic]h must be advis’d off 38 Such goods as Planters offers to be taken for payment of their debts 39 That ye Inhabitants may not be imposed upon none of ye Com[m]and[er] allowed to trade or buy goods out of Shipping & Com[m]and[er] & other officers must be acquainted that all goods may be sold in open Market on Shore and that as soon as any 5 or any offer that shall prove the benefit of this and it which must be advis’d of Doubts concerning w[hi]ch personally may be removed 42 The above orders to be made publick to the Inhabitants 51 Bills of Debt in particular acct to be given how many of Same Tenor and date at what time payable to whom & for how much w[hi]ch on acct attested for which they were drawn also what bills are to be sent by the Company 52 If any person in the Company pays his own Money Effects that are to be paid into their Cash care to be taken of Same to be speedily rec[...] and upon advice of Same will be paid to whom it belongs 53 Enquiry to be made of all Covenant Servants & Passengers Sent to St Helena what they paid to Cap[t] for their provisions how the Cap[t] used them in ye Voyage & if them acc[oun]t to be truly given the Company Enquire also how such Persons behave themselves | The laws and instructions for the governance of the island included several provisions related to the management of trade, debt, and the oversight of provisions for inhabitants and those under the Company’s service. Commanders were required to send their account papers aboard for the Company’s records, particularly when dispatching goods. This would ensure that the Company had the necessary documentation for all transactions related to shipments. Advice was to be given on what commodities, stores, and produce the King should set prices for, ensuring that these prices were not so high that they could not be met by the market. It was noted that a clause in the charter party would require commanders to comply with the Governor’s orders, and in cases of necessity, to take out three or four more bales of goods than declared in the manifest. These actions were to be documented, including any relevant correspondence with China, such as letters regarding the health of the inhabitants and the appointment of a surgeon. Goods sent from England were to be sold at a 40% profit margin, while goods from India would be priced differently, with their prices set according to what was deemed equitable. This was to be advised upon by the Governor and Council. Planters who offered goods for sale were to have their goods accepted as payment for debts owed to the Company. To prevent the inhabitants from being unfairly treated, no commander was allowed to trade or buy goods out of ships without oversight. Commanders and other officers were to be informed that all goods must be sold in an open market on the shore. Any offers made by planters or others that could prove beneficial were to be advised upon, with any doubts or concerns addressed promptly. All the above orders were to be made public to the inhabitants of the island to ensure transparency. Bills of debt were to be issued, detailing the number of bills of the same tenor and date, the time they were payable, the amount, and the individual or entity to whom they were owed. These bills were to be attested for the purposes they were drawn, and any bills sent by the Company should be properly recorded. If any person in the Company paid money for goods that were to be credited into the Company’s cash, care was to be taken to ensure that the money was promptly received and deposited, and that the rightful owner was paid accordingly. An enquiry was to be made about all covenant servants and passengers sent to St Helena, including what they paid to the captain for provisions, how the captain managed their accounts during the voyage, and whether the accounts were accurately given. The Company was also to investigate how such persons behaved during the journey and upon their arrival on the island. Interpretations Speculations | |
82 | 54 Enquire also of the Sod[...]: how they were used in the voyages and if they were not humanely treated, or any dyed for want of care, and how to be given with proper attestation, the Surgeon of ye Ships to have 6 foot for every one landed at St Helena of which a list to be sent by ye two next conveyances in their Names to paid for by those that dyed in ye Voyage a List to be sent also of all Sod[...] remaining on the Island 56 Commanders to be put in mind of y[e] 100 penalty if they Carry off any person without leave or steal in the night without leave 59 A List of all Covenant Servants & their sallarys of Sod[...] & their pay of Negroes & Slaves w[i]th their Imploym[en]ts to be sent yearly, and that the young Blacks be brought up to handicraft trades, such as [Smithing] or others &c 63 An acct of all the Companys Cattle & live provision to be sent home yearly 64 There is about planting wood & spowing in land not to be disposed of without or any acct or person whatsoever 65 The Companys Plantation and Great wood to be preserved in for the preservation of wood 68 All Lands when survey’d is to be measured and new grants given the owners w[i]th a plan annexed thereto 69 If upon the measuring Lands any more is found then they can justly claim, then adj[ust] the overplus to the Persons at a moderate price, and if need be a Jury of four holders to be impannelled to chuse Judges of ye matter 72 If upon surveying each land if any more be found then what they usually pay for, ye overplus to be paid in proportion and rents to be granted as follow annexed 73 All Deeds and grants to be Entered in the Register Book 74 No person to be suffered to withhold their deeds or leases from being registered, to prevent disputes &c | The laws and regulations continued with provisions regarding the treatment of servants, the management of land, and the preservation of resources. It was ordered that inquiries be made into the treatment of covenant servants, particularly those who were transported to the island. Specifically, the authorities were to investigate whether these servants were treated humanely during the voyage, whether any had died due to neglect, and how the surviving individuals were managed once landed. The surgeon on board was to receive six feet of space for every individual landed at St Helena, with a list of the names of those who died during the voyage to be sent in the next two conveyances. The list should also include any remaining sods (likely referring to individuals or property associated with the voyage) on the island, with the cost for the deceased to be paid for by their owners. Commanders were reminded of the penalty of 100 pounds if they carried any person off the island without permission or if they were caught stealing during the night. A list of all covenant servants, their salaries, and their roles, including the payment for sods, blacks, and slaves, was to be submitted annually. Additionally, the regulation suggested that young black slaves should be trained in handicraft trades such as smithing. It was further ordered that an account of all the Company’s cattle and live provisions be sent home annually, likely to ensure proper stock management and accountability. Regarding the island’s land, it was decreed that wood and land set aside for planting should not be disposed of without proper accounting or permission. The preservation of the Company’s plantation and wood resources was mandated to ensure that the island’s timber supply was properly managed. All land surveyed was to be measured, and new grants were to be issued to landowners with a plan attached. If any discrepancies were found upon measuring the land, such as more land than the owner could justly claim, the excess land was to be sold at a moderate price. A jury of four landholders could be impanelled to determine the matter if necessary. Any deeds or grants related to land transactions were to be entered in a register book, and no person was to be allowed to withhold their deeds or leases from being registered. This was to prevent disputes over land ownership or claims. Interpretations Speculations | |
83 | 76 Care must be taken to See the Encrease & planting of wood are preserved the Landholders to be compelled forthwith what Rules must necessary to be laid down to oblige the owners thereto which if they refuse the Gov[er]n[or] & Coun[c]il to make rules without them 78 No Leases to be granted longer then 21 years and if any formerly granted for longer time to alter the same and grant new ones 81 Mr H[...][...] Land Restored him on Condition of fencing & planting wood be Complyed with 82 M[er][c][y] A[l][e][x][a][n][d][e][r] to have a Lease for y[e] Land formerly her husband Rich[ar]d Alexander 84 The case of Capt. Covell and Mr Griffith to be Examined into and sd Covell to have his recognizance given up & Griffith to make full repara[ti]on and that a Jury Determine the Costs which him and y[e] said formerly John Beale 85 M[r][s] D[?]fa[?][n][t][a][n][e] to Enjoy her husband Dwelling Land &c 89 Mineralls if any found Samples to be sent to Company 92 The Company dislike the changing of their Land for other of the planters 93 Advice to be given in every letter of the Monsoon being alive 94 The minister to attest ye list of Marriages Births & Burials 98 Buildings to be Substantially Stuck Erected or be Destroyed 99 Barracks for y[e] Sold[ie]rs is necessary and if Mr Johnsons house stands in y[e] way to buy it having regard to y[e] Convenience of y[e] Publick 1709 101 An acct to be sent home yearly of all Revenues and the produce of every branch w[i]th the Names of y[e] persons from they pay by Double Conveyance | The laws and instructions for governance on the island continued with various provisions related to land management, leases, and other administrative matters. It was ordered that great care must be taken to ensure the increase and preservation of wood on the island. Landholders were to be compelled to follow necessary rules for planting and maintaining wood. If they refused to comply, the Governor and Council were to establish these rules on their own. Leases were not to be granted for longer than 21 years. Any leases previously granted for longer periods were to be altered, with new leases issued to conform to this limitation. The case of Mr. H[...][...] was addressed, where land was restored to him on the condition that he fence the land and plant wood as required. In the case of Mrs. M[?] A[l]exander, it was confirmed that she was to receive a lease for the land previously owned by her husband, Richard Alexander. The case of Captain Covell and Mr. Griffith was to be examined. It was ordered that Captain Covell should have his recognizance (a formal pledge) given up, and Mr. Griffith was to make full reparation for any harm caused. A jury was to determine the costs associated with their dispute, involving John Beale. Mrs. D[?]fa[?]ntane was granted the right to enjoy her late husband’s dwelling land. Regarding minerals, if any were found, samples were to be sent to the Company for examination and further action. It was stated that the Company disapproved of any exchanges of land between planters, indicating a desire to maintain control over land ownership and use on the island. Advice was to be included in every letter regarding the status of the monsoon, ensuring that the Company was kept informed of any weather-related developments that might affect operations or supply. The minister was instructed to attest to the list of marriages, births, and burials on the island, ensuring that such records were kept accurately and officially. It was ordered that buildings on the island should be substantially constructed, and any that were not up to standard were to be destroyed. The need for barracks for soldiers was recognised. If Mr. Johnson’s house obstructed the construction of the barracks, it was to be purchased, with due consideration given to the convenience of the public. Finally, it was required that an account be sent home annually detailing all revenues and the produce from each branch of the island’s economy. The names of the individuals from whom payments were made were also to be included, and these reports were to be sent by double conveyance to ensure their safe delivery. Interpretations Speculations | |
84 | Case 103 Gov[er]n[o]r’s Acc[o]unts to be signed by you & Com[m]it[tee] before sent home In time of action the Govern[or] to Act Singly and What Command be given out to the Military Officers is only to be Sign’d by the Govern[or] and to Suspend any such Officer in case of breach of orders but Not to Enlist or Employ any without Consent of the Councill Letter of the Abingdon 1712 Para: 10 A list of Stores & Goods wanted for St Helena to be sent with the Govern[or] & Particular letters to be forwarded from the first Post in Europe and if any not speedily wrote for to give reasons for so doing & the uses they are for by Double Conveyance 13 Notice to be given of Goods or Stores received short in quantity or bad in quality 21 The Company’s Interest to be carefully Debated and if any the Councill dissent Such be Entered in Consultation without hindrance 22 Govern[or]’s letters to the Company relating to their affairs ought to be Entered in the Letter Book, and if any Squabbles happen to Enter them likewise 23 The Company dislike the Govern[or] Complaining one against another if any disputes happen let it be coolly reasoned the reasons as above in Consultation if any are violent or Sottish neglect their Business they must be fairly warned 25 No more plantations to be bought, and all that can be spared to be leased out or Sold 28 Serg[ean]t Johnson to allow his wife a maintenance, and the Company to be informed what ‘tis 31 The Case between Mercy Alexander & Tho[ma]s Bayley about Land and plantation to be reheard impartially | The laws and instructions continued with provisions for the governance of the island, particularly concerning the Governor’s conduct, the management of resources, and the handling of disputes. It was ordered that the Governor’s accounts must be signed by both the Governor and the committee before being sent home, ensuring that there was proper oversight of the financial records. During times of military action, the Governor was to act singly, meaning that the Governor was to take independent command. Any orders given to military officers were to be signed only by the Governor. If any military officer breached orders, the Governor had the authority to suspend them. However, the Governor was not permitted to enlist or employ any new military officers without the consent of the Council. In a letter from the ship Abingdon in 1712, it was noted that a list of stores and goods needed for St Helena should be sent with the Governor, with particular letters to be forwarded from the first post in Europe. If any goods were not requested promptly, reasons for the delay were to be provided, as well as an explanation of their intended use, and these communications were to be sent by double conveyance for security. If any goods or stores received were found to be short in quantity or of poor quality, notice was to be given promptly. It was emphasized that the Company’s interests were to be carefully debated, and if any member of the Council dissented, the matter was to be entered in the consultation record without hindrance, ensuring transparency in decision-making. The Governor’s letters to the Company regarding their affairs were to be entered into the letter book. If any disputes arose, they were also to be recorded. The Company disapproved of the Governor complaining about others, and if any disputes occurred, they were to be reasoned through calmly in the consultation, with the Governor or Council members who neglected their duties being fairly warned. No further plantations were to be purchased. Any that could be spared should be leased or sold, ensuring that the Company’s land was efficiently managed. It was also ordered that Sergeant Johnson be required to provide a maintenance allowance for his wife, and the Company was to be informed of the amount. Finally, the case between Mercy Alexander and Thomas Bayley regarding land and plantations was to be reheard impartially, ensuring fairness in the resolution of disputes. Interpretations Speculations | |
85 | Par: 35 An Annual Return of all moneys raised for Land holders of the Company and how much of that Revenue also an acct of the Severall Branches of Revenue and to and when any Land is lett to Enter in Consultation at what Rate Letter of the Rec[eiv][...] 1713 Para: 1 Governour Commission to be published on his arrivall and then Entered in the Consultation book. 2 To Expedite the unlading the Ship Rochester and to hasten her away That the Letters by the Islington & Shrewsbury, Abingdon and Swansea be perused in Councill. 3 An Abstract of all former Letters and Instructions to be taken of them as [Du]plicate, and when done to be Examin’d in Councill 4 The first 16 Paragraphs of the Islington Letters to have regard to as the intents in this – 5 All the Company’s affairs to be managed according to Direction of Gov[er]n[or] & Councill Consultations to be held weekly, and all debates fairly Entered, every one to give an acct monthly of affairs under their respective Charge, and to Observe ye severall Rules in Generall Letters relating to said Station, and when any new to be used in Councill, and ye Entry to be in the Consultation book, it is to be Sign’d and if any disputes to give his reason at his Name, that Duplicates of Consultations be weekly kept and that ye same be in the Nature of a Journall and it contain all affairs on ye Island 6 To have recourse to letters from St Helena to see for instructions at any time need that they be effectually comply’d with. 13 Before any Ships has Assistance there to be well assured they are honest Traders. 14 To hasten the Ships Rochester unloading none of the Councill to be absent from setting his hand thereto, w[hi]ch Observation to keep and Councill’s orderly Protocols. | An annual return was to be made of all the money raised from the landholders of the Company, detailing the revenue generated and the various branches of revenue. It was to include an account of when any land was let and at what rate, with this information entered into the consultation. The Governor’s commission was to be published upon his arrival and entered into the consultation book. The unloading of the Rochester was to be expedited, and efforts were to be made to hasten its departure. The letters from the Islington, Shrewsbury, Abingdon, and Swansea were to be reviewed in council. An abstract of all previous letters and instructions was to be prepared as a duplicate and examined in council once completed. Particular attention was to be given to the first 16 paragraphs of the Islington letters, as they contained important instructions. All of the Company’s affairs were to be managed according to the direction of the Governor and Council. Consultations were to be held weekly, and all debates were to be recorded in the consultation book. Each council member was to report monthly on the affairs under their respective charge. The general rules outlined in the Company’s letters were to be followed, and any new matters discussed in council were to be recorded and signed. If any disputes arose, the reasons for dissent were to be given and signed by the person involved. Duplicates of the consultations were to be kept weekly, serving as a journal containing all affairs on the island. Letters from St Helena were to be consulted to ensure that the instructions contained within them were properly followed. Before any ships received assistance, it was to be verified that they were honest traders. The unloading of the Rochester was to be hastened, with no council member allowed to be absent from signing off on the process. This observation was to be followed, maintaining the council’s orderly protocols. Interpretations “Consultation book” referred to the official record in which decisions made in council meetings were documented. It served as a log of the Governor and Council’s actions and deliberations. “Duplicate” referred to a second copy of the abstract of all previous letters and instructions, which was to be prepared and reviewed to ensure consistency and adherence to prior decisions. “Honest traders” indicated that ships were to be verified as legitimate in their commercial dealings before receiving any assistance, likely to prevent fraudulent or unapproved trading activities. Speculations It is probably the case that the emphasis on documenting and signing decisions in the consultation book was intended to maintain transparency and accountability in the decision-making process, ensuring that actions were fully recorded and justified. The requirement for all council members to sign off on the unloading of the Rochester and to be present for the process suggests the importance of the ship’s cargo, possibly highlighting the critical nature of its contents for the Company’s operations. The stipulation that ships must be verified as honest traders before receiving assistance likely reflects concerns about ensuring the integrity of the Company’s commercial activities, preventing any illegitimate dealings or financial risks. | |
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88 | At a Strat of the Rochester’s Govr Letter to forward 7 Upon the Approach of Ships, to be upon our Guard as if War time 18 Ships Accounts to be sent home duly 19 If any is frequently called upon to Do their duty, before thing will obey, their Names to be sent home, and Endorsed in Consultation, and if seek. Continue P[...]. their Salary to be Stopt till the Consul please be known therest is to be Standing Rate 22 Advise on goods from England to be sending to form Directions 23 Negros from Mr. Russell to be well clothed & heavy as if can to spare may be Sold to the Planters 24 All goods for necessity are to be under if former Rule, those for Ornament, used not, but Sold as the Market price Governors 25 To be carefull in the Sale of all Provisions be either to the Inhabitants or Shipping, by Barter or bills having regard to the prices 28 Naval Stores to Supply Shipping, can taken home is Embezzled, and sold to the best advantage 31 Care to be take of the Canvas &c. that no damage may happen 32 When demands are made for Shoes, Provisions etc. to be very particular Reasons for such, what price they well care and what quantity will Sell in usual, to be in words as Length 33 To buy a Long boat or other boat out of Ships, if wanted when there’s an opportunity | The document was recorded as a stratagem drawn from the Governor of Rochester’s letter, intended to provide instructions for administration and conduct. It was directed that, upon the approach of ships, a state of readiness was to be maintained as though in time of war. It was further required that ships’ accounts were to be duly prepared and sent home without delay. It was ordered that if any individual had to be repeatedly called upon before performing their duty, their names were to be reported and entered into the consultation records. If such neglect continued, their salary was to be stopped until the pleasure of the Consul was known, while the remainder was to continue at the standing rate. Advice was to be sought regarding goods sent from England, in order that proper directions might be formed. Slaves obtained from Mr Russell were to be properly clothed, and any that could be spared were to be sold to the planters. All goods considered necessary were to remain under the former rules, while those deemed ornamental and not in use were to be sold at the market price under the Governor’s direction. Care was to be taken in the sale of all provisions, whether to inhabitants or to shipping, whether by barter or by bills, with due regard given to prevailing prices. Naval stores were to be used to supply shipping, and any that could be taken home were to be secured, preventing embezzlement, and sold to the best advantage. Attention was to be given to canvas and related materials so that no damage might occur. When demands were made for shoes, provisions, or other items, very particular reasons were to be required, including the price at which they would be valued and the quantity that would ordinarily be sold, all of which was to be set out fully in writing. It was also directed that a longboat or other vessel was to be purchased from ships if required, whenever a suitable opportunity arose. Interpretations Speculations | |
89 | 34 Goods received from India or bought out of Shipping the quantity of Lots to be entered in Consultation as the prices as also what sold for outside of Stores, and what the Storekeepers are to be examined whether the settled prices or not; if so &c. and without leave to be furnished for it, Acts to be brought in monthly without fail and an Abstract to be entered in the Consul’s book 35 The late method of keeping store Acts to be amended and the Storekeeper charged with all Goods and discharged for all Dispatch of Stabbers duty, those to be examined into some Substantial man and Notes of such prices sent on for the allowance of the post, or to the inhabitants to offer by them or send and then entered in the books to their account 36 one Hundred Pound in Spansh money sent from England and one hundred Pound more in fishing, etc. to be sent from Fort St George. 37 Notes to be signed by Govern’t Council and to be forwarded from one on progressively and to be instructed to one proper spot to deliver them out of time and if delay to be granted till publick Bills to begin or stop Consuls and Notes with the same to be taken in the Store for good of any person 38 Governor and Council’s salaries 39 None of the Council but Mr. To pay to have any plantations of their own or to Madagascar, Mercy claims to plantation be expanded and this includes the case of the case to the Determination to extent of their consent if case to re-elect him has liberty to act if not how to re-establish with no other... 40 Gentlemen to be known to support all Ennobling among the Inhabitants and to assist all grievances in keeping to manage and avoid all squalor breaches | It was directed that all goods received from India or purchased from ships were to have the quantity of each lot entered into the consultation records, together with their prices. It was also required that a clear account be kept of what was sold outside the stores, and that the conduct of the storekeepers was to be examined to determine whether established prices had been followed. If this had not been observed, action was to be taken accordingly. No goods were to be issued without proper authorisation. Store accounts were to be submitted monthly without fail, and an abstract of these was to be entered into the Consul’s book. It was ordered that the former method of keeping store accounts was to be amended. The storekeeper was to be charged with all goods received and discharged for all goods issued. Matters relating to duties, described as “Stabbers duty”, were to be examined by a responsible and substantial individual, and notes of the settled prices were to be sent for approval. Goods intended either for public use or for inhabitants were to be offered or distributed accordingly, and all such transactions were to be entered into the books under the appropriate accounts. It was recorded that one hundred pounds in Spanish money had been sent from England, and that a further one hundred pounds in fishing and related supplies was to be sent from Fort St George. It was required that notes were to be signed by the Governor and Council and forwarded in sequence. Instructions were to be given that these were to be delivered at a proper place and time. In cases of delay, allowance might be granted until public bills commenced or were stopped. Consular notes, together with such bills, were to be accepted in the store for the benefit of any person. The salaries of the Governor and Council were noted as a matter of record. It was directed that no member of the Council, except Mr To, was to hold plantations of their own or engage in trade with Madagascar. Claims relating to plantations, including those described as “Mercy claims”, were to be examined and determined according to consent and proper authority. In cases where re-election or continuation in office arose, liberty to act was to be granted where appropriate, though the precise method of re-establishment in other cases remained [...] It was further instructed that gentlemen were to be recognised for supporting order and good conduct among the inhabitants, and were to assist in addressing grievances. Care was to be taken in governance so as to manage affairs prudently and to avoid disorder or breaches of conduct. Interpretations Speculations | |
90 | 43 Companys Orders to be obeyd at all times unless for some 48 Wood to be given what time the 10 Com[m]ands from East 53 An Account to be sent yearly of the Compys Cattle and other 54 Enquiry to be made after the Stock of Goats and how to 55 Enquiry to be made after the late Governt contributing 56 Enquiry to be made whether the late Governt Imployed these 57 The Same Head about the building the Roads in Country 59 An Acco to be sent the Compy how the Seeds & Plants | It was directed that the Company’s orders were to be obeyed at all times unless prevented by well-grounded reasons. In such cases, an explanation was to be provided without delay, particularly where responses from the barracks could not be promptly obtained. The Company was to be informed of the reasons for any such deviation. All directions relating to the Company’s affairs were to be considered and agreed upon in consultation. All inquiries, reports concerning buildings and repairs, and other related matters were to be entered into the consultation records, together with all corresponding directions. All accounts were to be examined, approved, and likewise entered. It was ordered that wood was to be issued at appropriate times, with reference made to the ten commands from the east and south, though part of the text remains [...]. It was also noted that deductions had been made from an individual’s pay. The original charge of maintaining the island was to be effectively reduced [...], with all superfluous expense to be eliminated. It was required that as few bills as possible were to be drawn upon the Company. It was required that an account was to be sent yearly of the Company’s cattle and other livestock. This account was to include how many had been sold to shipping, how many had been consumed at the Company’s table, and what deductions had been made for the stock of calves or goats. Details of conveyance and invoices were to be included where appropriate. If any cattle died, the event was to be entered into the consultation records, noting when and where, and this practice was to be continued. An inquiry was to be made into the stock of goats, including how they had been distributed, what had become of them, and what number remained. It was also to be considered whether they were profitable to maintain. An inquiry was further to be made into whether the late government had contributed to the destruction of the country stock, and whether, under the present administration, better management had been adopted in the Company’s interest. It was also to be examined whether the late government had employed hired slaves, engaged for the Company’s service, to carry hammocks. If this was found to be true, the expense was to be accounted for. The same line of inquiry was to be applied to the construction of roads in the country. It was directed that an account was to be sent to the Company detailing how seeds and plants had thrived and increased, what quantities would be required annually, and what directions had been followed regarding them. It was also required that correspondence be sent to India requesting any other types of seeds and plants considered suitable for St Helena. Interpretations Speculations | |
91 | 60 Grape Vines to be Improved that if Possible wine may be made 61 Acco[...][...] to be sent yearly of all Revenues List of Slaves how Imployd 63 To Consider about sowing more the grain wood and to Endeavour to Raise 64 To Encourage the Increasing of Indian Corn 65 Buildings &ca [...] to be kept in repair and being now done no need to take away 67 As the Island hath been a Charge for severall years so tis hoped it will be 68 Old Carriages which unfit for Service to be put to the best use or sold 69 Dominican or any other Gum Necessary if wanted to find a Device 70 Useless Guns or other heavy Iron or worn out Stores to be disposed of 71 If the Surgeon or Gunner is not willing to serve under these Terms they 72 To Remedy the Expence of European Stores | It was directed that grape vines were to be improved so that, if possible, wine might be produced on the island, or that the grapes might instead be sold for refreshment. It was required that a yearly account [...] was to be sent detailing all revenues, together with a list of slaves and how they were employed. A full store account of the annual expense of the island was to be prepared, including its several branches. This was to include a list of salaries, the expense allowed to each person for wages, the cost of maintaining the garrison establishment, the expense of clothing the slaves, the cost of boats, and all other matters contributing to the total annual expenditure. It was ordered that consideration was to be given to sowing greater quantities of grain and wood, with efforts to be made to increase the supply of timber. The cultivation of Indian corn was to be encouraged. It was instructed that buildings and related structures [...] were to be kept in repair. As these works had already been completed, there was to be no need to withdraw the Company’s slaves from their plantation labour, and still less to pay wages for the labour of planters’ slaves. However, the remaining fortifications were to be completed as far as possible, following the construction of storehouses. These storehouses were to be divided into four parts: one for arrack and all liquid goods, one for goods from India, one for goods from Europe, and a fourth for naval stores. After this, other necessary warehouses were to be built. It was observed that, as the island had been a financial burden for several years, it was hoped that its expenses would be reduced into a much narrower compass. It was directed that old gun carriages unfit for service were to be put to the best possible use or sold. If Dominican or other gum was required, means were to be found to procure it. Useless guns, heavy iron, or worn-out stores were to be disposed of so that ships of the Bonaccord might take them [...]. It was stated that if the surgeon or gunner was unwilling to serve under these terms, they might become planters, depart with the Bonaccord, or return to England. Measures were to be taken to remedy and reduce the expense of European stores. Interpretations Speculations | |
92 | 74 As to Saluting English men of War left to Discretion but 75 Number of Guns usually fired on days of publick Solemnity 78 The method of Gunners Acco approved and to be sent home 77 Mr Weare to give an Acco yearly how all the Timber on the 79 List of Lands free and hired to be sent yearly and 80 List of Covenant servants Artificers &c with their pay & 83 What Lands leased out an acco to be sent yearly and 84 All the beforementioned Lists to be prepared before the hurry 85 To make particular Enquiry whether the Guns on Munden 87 That a Copy of all Wills proved be ordered to be sent home | It was directed that the saluting of English men of war was to be left to discretion, while the established rules were to be observed in respect of the Company’s own ships. If any captain expressed doubt as to the identity of a vessel, clarification was to be sought. It was specified that the number of guns usually fired on days of public solemnity aboard ship was to be observed, but that no such firing was to take place on other days. It was ordered that the method used for the gunner’s accounts had been approved, and that these accounts were to be sent home yearly. It was required that Mr Weare was to provide a yearly account of how all timber on the island had been used, what remained, and what was required, together with the purposes for which it was intended. He was to follow such directions as might from time to time be given by the Governor. Care was to be taken that those slaves considered most tractable and skilful were instructed in joinery and carpentry. It was directed that a yearly list of lands, both free and hired, was to be prepared and signed by the Council. A list of covenant servants, artificers, and others, together with their pay and allowances, was likewise to be sent and signed in the same manner. It was further required that an account of lands leased out was to be sent yearly, specifying the rates at which they were let, and signed as previously directed. All the aforementioned lists were to be prepared in advance of the busy period of shipping. If any transmission was missed, duplicate copies were to be sent by the next available conveyance. It was ordered that a particular inquiry was to be made as to whether the guns positioned at Munden Point could command Rupert’s Bay so as to prevent an enemy landing. Consideration was also to be given to where a new retrenchment might be established without opposition. These matters were to be reported upon, and if found practicable, appropriate measures were to be taken. It was directed that a copy of all wills proved on the island was to be sent home yearly. Interpretations Speculations | |
93 | Par. 88 An Account of that land fenced by Mr H[...][...] and by him 89 Not to entertain any as a covet at or under 14 years of age 90 Any person that proves his Title to land the Same to be 91 The antient laws about Land to be revised, and to be accomodated 92 The order in the advertisement of y 7th of March to be kept up 93 Fishery to be Encouraged and taken care of 94 Asses to be taken care of for breed and an account 95 Water to be carryed for watering dry ground when most wanted 96 Governt Boucher leave to go home after Accos made up for Rec[e] [...] | It was recorded that an account was to be made of the land enclosed by Mr H[...] which he had requested should not be measured on the grounds that it was barren. It was directed that no person was to be taken into service as a covenant servant at or under the age of fourteen years. It was ordered that any person who proved a title to land was to have this entered into the consultation records, together with a determination as to whether the title was just or not. It was required that the ancient laws concerning land were to be reviewed and adjusted so that a proportion might be established, assigning a white man to a certain number of acres or thereabouts. It was instructed that the order set out in the advertisement of the 7th of March was to be maintained and observed, requiring inhabitants to give an account of their cattle and related stock. It was directed that the fishery was to be encouraged and properly maintained. It was ordered that asses were to be carefully managed for breeding, and that an account was to be sent specifying how many existed of each kind. It was required that water was to be carried for the irrigation of dry ground when most needed. It was noted that Governor Boucher had been granted leave to return home after his accounts had been completed for all goods received from England or India [...]. It was further recorded that a sum of fifty pounds was to be deducted from the salary of Mr Mashburn [...], in respect of an advance made to Mr Tovey in England [...]. Interpretations Speculations | |
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103 | An Acco to be sent yearly to the Compy how Goods by them 10 Servants allowed no more then 30s p month 12 Superiority to be Exercised in such a manner as may prevent disobedience 14 a Distinct Acco to be kept for every Item the service Even Garrison Store Advice of Ships arrival and Departure at & from St Helena to be The Company bound by Act of Parliament &c not to break bulk of 4 Whenever any goods are bought out of Shipping for the Compys 8 In Protests mention must be made of which days are Tempestuous 12 Compys Ord &c distinctly according to what known in Inventory 20 The Old Standing Rules about the Councells handling to be revised & 22 Never to give more for any Commodity then what can be afforded | It was directed that a yearly account was to be sent to the Company describing how goods imported by them had performed or been received, and that this was to be established as a standing rule. It was ordered that servants were to be allowed no more than thirty shillings per month. It was required that authority was to be exercised in such a manner as to prevent disobedience, even among inferior officers. It was instructed that a distinct account was to be kept for every item of service, including those relating to the garrison and the store, and that these accounts were to be examined monthly in consultation. It was directed that notice of the arrival and departure of ships at and from St Helena was always to be sent to England, together with details of what goods were sent by any ships. It was recorded that the Company was bound by Act of Parliament not to break bulk of any of their ships until arrival in England, except for such goods as were necessary for the use of the island. However, if any Portuguese ship arrived, it might be supplied with East India goods from the stores. Likewise, any goods brought by Portuguese or other ships that were suitable for the island might be purchased in barter for provisions or other goods, as thought proper, with care taken to consider the profit such goods might yield. It was ordered that whenever goods were purchased from ships for the Company’s use or for sale, the owner was to state their terms, and if a price was to be agreed, it was to be settled in consultation. Such transactions were to be entered into the public consultation records together with the reasons for them. It was required that, in formal protests, particular note was to be made of which days had been tempestuous. During times of leisure, figures relating to goods taken from ships were to be prepared, and the Company’s orders were to be set out distinctly according to what was known in the inventory. It was directed that the long-standing rules concerning the conduct and handling of matters by the Council were to be reviewed and observed by all. It was further ordered that no greater price was to be given for any commodity than could allow it to be sold to the inhabitants at a moderate profit, in order to avoid taking advantage of their necessities. Interpretations Speculations | |
104 | 25 No Ships to be permitted to come to Anchor before they bring 30 Officers not to bring small quantitys of liquors ashore in 32 If Slaves prove Runaways or Mischievous to themselves or others 34 Yearly Acco to be sent the Compy of what live Stock 41 Whatsoever Directions received from the Secret Committee 43 If no inconvenience the Dollar to go at 5 s for future All former Instructions to be lookt upon always standing 7 If any Soldiers or Blacks make their Escape in Ships advice to 8 Surveying the Averages & Commissions 12 To continue advice of goods being deficient in quantity or | It was directed that no ships were to be permitted to come to anchor until they had first brought to and sent their boat ashore. Once admitted into the roads, they were to anchor within the protection of the garrison. It was ordered that officers were not to bring small quantities of liquor ashore in parcels under the pretence of selling it themselves when it was in fact intended for sale. However, it was noted that excessive severity was not to be exercised in minor matters relating to command. It was required that if slaves proved to be runaways or behaved in a mischievous or harmful manner toward themselves or others, none were to be permitted to keep such individuals in the valley. It was directed that a yearly account was to be sent to the Company detailing all livestock, together with a list of slaves, including their ages and employments. It was ordered that all directions received from the Secret Committee were to be observed as if they had been signed by the whole body of authority. It was noted that, if no inconvenience arose, the dollar was to be valued at five shillings in future transactions. It was further directed that all former instructions were to be regarded as standing orders and were to remain in force unless absolute necessity or later advice required them to be countermanded or suspended. In such cases, the most recent orders were to be binding. Notice was to be sent promptly of any such changes, including detailed information under headings such as ships, shipping, goods, stores, servants, and related matters. It was required that if any soldiers or slaves escaped aboard ships, notice was to be given at the first opportunity, specifying the ships involved, the persons suspected, and the reasons for suspicion. It was directed that the surveying of averages and commissions was to be undertaken. It was further required that notice was to continue to be given whenever goods were found to be deficient in quantity or quality, or when they had been overcharged. Interpretations Speculations | |
105 | The Indea Governours and Company Power to make Laws, to revoke As also to Constitute Governours and such other Officers And such Governours and Officers shall Correct Govern & Governours and Councell so appointed shall have power & And Military Discipline in as large and Ample manner And also to administer a formall Oath to all Officers, and And that all persons born upon the Island be free Denizens The first Commission after the Retaking of the Island from The Succession of Government ---------- Do. And forthwith to proceed to make good and sufficient Plat- That all the Souldiers be listed under such Officers as shall be | Index Page 1 - Powers granted to the Governors and Company to make, revoke and enforce laws, including punishments and penalties in accordance with the laws of England Page 1 - Authority to appoint governors and other officers Page 1 - Powers of governors and officers to govern, administer justice and determine all actions and suits through courts and established forms of judicature Page 2 - Authority of governors and council over the government of the island Page 2 - Grant of full military authority equivalent to that of a Captain General Page 2 - Power to administer formal oaths for the maintenance and administration of justice Page 2 - Declaration that persons born on the island are free denizens and natural subjects of England Page 3 - First commission issued after the retaking of the island from the Dutch Page 3 - Succession of government Page 4 - Orders for the construction of defensive platforms and the safeguarding of ammunition, with provisions supplied to all posts Page 4 - Organisation, enlistment and training of soldiers under appointed officers, with assigned posts and required observance of military discipline | |
106 | The Index. A grant for Ground in Chappel Valley to build Houses or Also Conveyances to each Planter for their proportion of And a Register to be kept of all grants alienations &c -------- Do. Also of all Marriages Births and Burrealls -------- Do. That the Lords day be Religiously Observed and the Governour All prophane Swearing Fornication Intemperance and Lords day Religiously Observed throughout the Island by That a Publick Place be Assigned for the Worship of God, and And that all prophane Swearing Intemperance fornication Another Recommendation for all Planters to be listed under And that they do Repair to their Severall Posts According as And all Ground to be set out and allotted to any Inhabitants Confirmation of the Conveyance of the Planters Lands with And a Register to be kept of said Lands -------- Do. | Page 5 - Grant of land in Chappel Valley for the building of houses or stables above the fortifications Page 5 - Conveyances granted to each planter for their proportion of land under the Company’s common seal, conditional upon required service Page 5 - Requirement to maintain a register of all grants and alienations Page 5 - Requirement to maintain a register of all marriages, births and burials Page 5 - Observance of the Lord’s Day, with the Governor and Council required to attend and encourage both minister and congregation Page 5 - Prohibition of profane swearing, fornication, intemperance and uncleanness, with punishment for offences Page 6 - Observance of the Lord’s Day throughout the island by refraining from lawful labour and unlawful sports and pastimes Page 6 - Assignment of a public place for the worship of God, with the Governor and Council to attend and encourage the minister and congregation Page 6 - Prohibition of profane swearing, intemperance, fornication, drunkenness, uncleanness and unlawful gaming, with punishment for offences Page 6 - Recommendation that all planters be enlisted under officers appointed by the Governor and Council and trained in arms for the defence of the island Page 7 - Requirement for planters to repair to their assigned posts as directed by their officers for the defence of the island Page 7 - Allocation of land to inhabitants for building houses or stables, provided construction followed a regular order for defence Page 7 - Confirmation of conveyances of planters’ lands subject to stated conditions Page 7 - Requirement to maintain a register of such lands | |
107 | The Index. As also of all alienations and conveyances of Gifts, and And the Minister to keep a Register of all Marriages The Comp.y as Plantation to Maintain a Generall Table Page. 8. Vertue Justice and Honesty Recommended and all Just Descent of all Lands and Plantations in Case of Death or That all and every person or persons shall within Six And every Governour or Deputy Governour is Required to And all Lands alienated or Disposed, or on the Death of And after seven years in full possession of Lands, shall hold In case of the Decease of any planter Dying possest of any And as to Moveables if no Will one third part to the Wife and And if no Children then to the Brothers and Sisters, or their | Page 7 - Requirement to register all alienations, conveyances and gifts, none to be considered valid until registered Page 7 - Duty of the minister to keep a register of all marriages, christenings and burials Page 8 - Requirement for the Company, as a plantation, to maintain a general table Page 8 - Recommendation of virtue, justice and honesty, with all just complaints to be heard and justice administered Page 9 - Rules governing the descent of lands and plantations in cases of death or otherwise Page 9 - Requirement that all persons register their lands and plantations within six months of publication Page 9 - Duty of each Governor or Deputy Governor to examine such registrations and issue certificates to the owners Page 50 - Requirement that all lands alienated, disposed of or transferred by bequest or otherwise be registered within one month, with payment of one penny per acre to the Governor for the Company as chief lord of the island Page 50 - Provision that, after seven years of full possession, lands are to be held freely by the possessor and their heirs for ever Page 50 - Rules of inheritance for lands upon the death of a planter, including division between widow and heirs according to will or descent Page 50 - Rules governing distribution of moveable goods where no will exists, including shares for wife and children Page 55 - Rules of succession where there are no children, passing to siblings or their children, or to the wife, or otherwise to the next kindred on the island, and if none, to be inventoried for administration in England | |
108 | The Index If on [ca]se Lands should by Descent fall to persons not Residing To try all Mutinous persons upon the Island and not send The Lords Day to be Religiously Observed -------- 53. To pray for the King Majestie and prosperity of his Kingdoms And that the Minister shall Catechise the Youth -------- Do. Justice to be Administered without favour -------- Do. That no Man be Devested of House Goods, or Lands or suffer That no Man be Imprisoned without the cause of his impri- That there be appointed a Sheriff or Sheriffs of the Island to And Likewise to Train up in Armes & Muster such persons as And all Officers both Civill and Military, and all other persons Sheriffs Oath -------- Do. A Court of Judicature to be Erected at the Chief place of the | Page 11 - Provision that lands descending to persons not residing on the island must be possessed within two years, otherwise to be seized by the Governor and Council for the Company Page 11 - Authority to try all mutinous persons on the island rather than sending them to England due to difficulty of trial and securing witnesses Page 53 - Requirement for the Lord’s Day to be religiously observed Page 54 - Requirement to pray for the King’s Majesty, the prosperity of his kingdoms and for the East India Company Page 54 - Duty of the minister to catechise the youth Page 54 - Requirement that justice be administered without favour Page 54 - Provision that no person is to be deprived of house, goods or lands, or subjected to corporal punishment without trial and verdict Page 55 - Requirement that no person is to be imprisoned without cause expressed in the warrant, and if not prosecuted within two days may seek discharge Page 55 - Appointment of a sheriff or sheriffs to oversee affairs, preserve the Company’s rights, maintain peace and order, execute government orders and recommend the apprehension of criminals Page 56 - Duty of the sheriff or sheriffs to train and muster persons in arms for defence of the island and suppression of tumults and insurrections as directed by the Governor and Council Page 56 - Requirement for all civil and military officers and all persons to assist the sheriff or sheriffs in execution of their office Page 56 - Sheriff’s oath Page 56 - Establishment of a court of judicature at the chief place of the island to hear and determine all matters and crimes, with the government for the time being as sole judge | |
109 | The Appendix That the Court shall sit Every Three Months Page. 56. That all proceedings be duely Recorded That a Register be That all Tryalls in the said Court be by Twelve Men Returned If any person prophane the Lords Day shall for the first And that all prophane Swearing shall (after having been And that all Drunkeness after admonition shall be fined But if persons of Quality then a greater fine -------- Do. And that all Fornication be punished according to the Theft by breaking open to be punished with Restoring what And if any other petty Theever then to Return what stolen, and If any shall swear Falsely against another, he to pay Damage And if such Witness was Suborned then both the said Witness And if any person shall commit or do any Writing he shall Also if any person shall Quarrell, Strike or wound another, the party | Page 56 - It was required that the court should sit every three months Page 56 - It was required that all proceedings should be duly recorded, that a register should be appointed, and that moderate fees should be set for that service so as not to burden the people Page 57 - It was required that all trials in the court should be conducted by twelve men returned by the sheriff, and that every juryman should take an oath Page 57 - It was provided that profaning the Lord’s Day should, for the first offence, result in reproof, and for every subsequent offence incur a fine not exceeding five shillings Page 57 - It was provided that profane swearing, after one admonition, should incur a fine not exceeding one shilling for each offence Page 57 - It was provided that drunkenness, after admonition, should incur a fine not exceeding five shillings for each offence, with greater fines imposed upon persons of quality Page 57 - It was provided that fornication should be punished according to the laws of England Page 58 - It was provided that theft by breaking open should be punished by restitution of the stolen goods, payment of three times their value, and forfeiture of the remainder of the offender’s estate to the Company Page 58 - It was provided that petty theft should be punished by restitution and payment of three times the value, or by labour until satisfaction was made if the offender lacked ability to pay Page 58 - It was provided that false swearing against another should incur damages equivalent to those suffered or that would have been suffered, and that the offender should be judged accordingly Page 58 - It was provided that if false witness had been suborned, both the witness and the person procuring the false testimony should be corporally liable, should make satisfaction, and should stand in the pillory Page 59 - It was provided that any person committing a written offence should make satisfaction to the injured party, should be fined to the Company, and should stand in the pillory for three several days Page 59 - It was provided that any person who quarrelled with, struck, or wounded another should make satisfaction to the injured party and should forfeit a penalty to the Company for breach of the peace | |
110 | The Appendice. If in case of wilfull Murder the party Convicted shall suffer If any Strike an Officer in the Execution of his Office shall be Any Englishman shall be Impannelled upon Jurys be the same No person shall Imprison or Lay Violent hands of Strike any Governour And if in case of Striking the Governour shall forfeit to the Company If any Capt.n Officer or Souldier Absent himselfe without Leave No person to raise Sedition or Mutiny Fort or Army entice or Unless the Governour with the Major part of the Military Officers That if any shall Sell Imbezell or Steale any Ammunition the Any Insurrection or Gathering together without Speciall Instructions about Interlopers -------- 22. & 23. Madagascar Shippes -------- 24. | Appendix Page 19 - It was provided that in cases of wilful murder the convicted party should suffer death Page 19 - It was provided that any person striking an officer in the execution of his office should be fined not exceeding five pounds, or be publicly whipped or imprisoned, and should pay treble damages to the injured officer Page 19 - It was provided that any Englishman, whether mariner, soldier or other, should be impanelled upon juries Page 20 - It was provided that no person should imprison, lay violent hands upon or strike any governor or superior officer, and that offenders should suffer such corporal punishment as military officers should adjudge Page 20 - It was provided that in cases of striking the governor, the offender should forfeit all lands, goods and chattels to the Company Page 20 - It was provided that any captain, officer or soldier absenting himself from guard without leave should be fined by the governor for the use of the Company not exceeding one month’s pay, and should receive such corporal punishment as determined by the governor or the majority of military officers Page 20 - It was provided that no person should raise sedition or mutiny, entice or corrupt officers, soldiers or inhabitants, or attempt to force or destroy any vessel or magazine for an enemy, and that offenders, upon conviction, should suffer death and forfeit all estate to the Company Page 21 - It was provided that such sentences might be remitted in part by the governor with the majority of the military officers Page 21 - It was provided that any person selling, embezzling or stealing ammunition, together with any abettors or receivers, should be imprisoned not exceeding six months or suffer such other corporal punishment as the governor and council should adjudge Page 21 - It was provided that any insurrection or unlawful assembly without special command of the governor, refusal to lay down arms and submit to justice, or any attempt to deliver up a fort or correspond with the enemy, should be punished by death and forfeiture of estate, unless remitted by the governor and council Page 22 and 23 - Instructions concerning interlopers Page 24 - Matters relating to Madagascar ships | |
111 | The Appendice. None to Sell Strong Drink without a licence from the A List of all Officers and Souldiers whether Married or A perfect List of our Stores, the Number and Nature of our Also what Cattle are upon the Comp.s Plantations, what If any of our Councill to resist and not Ayding the Governour Causes to be Determined as already begun -------- 27. In taking away of Life, Limb, or Lands, proceed by Jury -------- Do. Model of Laws are such as Established at Bombay -------- Do. But the former Method best in Capitall Causes -------- Do. List of all Peoples Cattle &c to be Sent yearly -------- Do. And a Penalty of Forty Shillings to those that Refuse or Never above three Gunns to be fired to English Ships for Gunner to send Yearly Acco.t of all Gunns fired -------- Do. Freemen to appear in Armes upon Alarms and to Muster All planters paying their Debts to have Deeds for their Lands | Page 25 - It was ordered that no person should sell strong drink without a licence from the Governor Page 26 - It was required that a list be kept of all officers and soldiers, whether married or unmarried, including the number of children, negroes, whether they were planters, the total number of planters, and the number of marriages and christenings, together with clergymen for that purpose Page 26 - It was required that a complete account be kept of all stores, including the number and nature of guns, powder and shot, all debts due, all monies owed, and the quantities and types of provisions in store Page 26 - It was required that an account be kept of cattle on the Company’s plantations, of negroes and their employment, and that if negroes were received from Madagascar ships for want of money, the Governor alone should manage the plantations Page 26 - It was ordered that if any member of the council resisted or failed to assist the Governor in executing laws and orders, the Governor might suspend and remove such persons at his own discretion Page 27 - It was ordered that causes already begun should be determined Page 27 - It was required that cases involving life, limb or lands should proceed by jury Page 27 - It was stated that the model of laws was that established at Bombay Page 27 - It was noted that the former method was preferred in capital cases Page 27 - It was required that a yearly list be sent of all people’s cattle and related matters Page 27 - It was ordered that a penalty of forty shillings should be imposed upon those who refused or gave false accounts of their numbers Page 28 - It was ordered that no more than three guns should be fired in salute to English ships, none at sea, landing or departure, and no more than seven to foreigners Page 28 - It was required that the gunner send a yearly account of all guns fired Page 28 - It was required that freemen should appear in arms upon alarms and muster as trained bands under such penalties as the Governor and Council should determine Page 29 - It was ordered that all planters who paid their debts should receive deeds for their lands, and that the register should receive a fee of two shillings and six pence for the same | |
112 | The Appendice. All Lands any way alienated &c to be Regestered in One The fine of Ten Shillings by the Head p Ann: for Negroes -------- Do. The Reason for Levying that fine as Negroes Increase to the The Duty upon the Trade of the Island -------- Do. Madagascar Shippes to Leave a Negroe besides the former Duty Shippes in the Companys Service to Leave a Barrill of Serviceable No Women to go on Board without Licence upon a Penalty Do. None to Sell Arrack &c without a Licence -------- Page. 31. Robers and Pilferers to be Severely punished -------- Do. Two Surveyers, and One Church Wardens for each Church No Lease Artificers &c to Vote in y.e Election of Island All persons whatsoever shall afford one Days work in a All Bargains for Land not Regestered Treble Tote and Interlopers to pay Twenty Shillings p Ton -------- Do. Cattle feeding upon the Companys Waste to pay Twelve pence The Companys Cattle to be marked on each horne with a burnt All Heads of Family to pay Six pence p head for all above No Blacks to Use fire Armes upon Penalty -------- Do. Commendation for Buying small Island -------- Do. The great wood to be Fenced in -------- Do. | Page 29 - It was required that all lands in any way alienated should be registered within one month, with a fee of two shillings and six pence, and payment of one shilling per acre to the Company as chief lord Page 29 - It was ordered that a fine of ten shillings per head per annum should be imposed for negroes Page 30 - It was stated that the reason for levying that fine was that, as the number of negroes increased, the garrison must be supported Page 30 - It was ordered that duties should be imposed upon the trade of the island Page 30 - It was ordered that Madagascar ships should leave one negro in addition to the former duty of two shillings and six pence per ton and anchorage Page 30 - It was ordered that ships in the Company’s service should leave one barrel of serviceable gunpowder in addition to five shillings anchorage Page 30 - It was ordered that no women should go on board ships without licence, under penalty Page 31 - It was ordered that none should sell arrack or other strong drink without a licence Page 31 - It was ordered that robbers and pilferers should be severely punished Page 31 - It was ordered that two surveyors and one churchwarden for each church should be chosen Page 31 - It was ordered that leaseholders, artificers and others should not vote in the election of island officers Page 32 - It was required that all persons should provide one day’s labour each year for the repair of highways Page 32 - It was ordered that all bargains for land not registered should incur treble forfeiture and treble fees Page 32 - It was ordered that interlopers should pay twenty shillings per ton Page 33 - It was ordered that cattle feeding upon the Company’s waste should pay twelve pence per head per annum Page 33 - It was ordered that the Company’s cattle should be marked on each horn with a burnt mark Page 33 - It was ordered that all heads of family should pay six pence per head yearly for all persons above sixteen years of age Page 33 - It was ordered that no blacks should use firearms, under penalty Page 33 - It was recorded that there was commendation for the purchase of a small island Page 33 - It was ordered that the great wood should be enclosed with fencing | |
113 | The Appendice Contemptuous words against the Governour to be severely Must not only use Orders and Regularity (in good Civili- Martiall Law Granted by King Charles the Second in the And the Governour to follow such Orders as shall be given Governour to Levy the Companys Revenues by Distress Companys Orders not to be Dispenced they being Invested Ships to Receive their Cattle from the Company -------- Do. And to Receive Arrack &c and the same to be Disposed One of the two shillings p Acre Land Tax taken off page. 36. Kings Flag to be Worne & due Respect paid thereto -------- Do. The Company must have always a standing Rule prefer- Four particular Accounts to be kept in the Ledger Vizt All arrack Sugar &c bought of Shipping to be Delivered into Extract of all Orders to be put in a Book on purpose and to Lords Proprietors absolute Power signified -------- Do. Retailers of Liquors to pay Four pound p Annum -------- Do. The Method of Trying Negroes Approved, but the Legall | Page 34 - It was ordered that contemptuous words against the Governor should be severely punished both in person and by fine Page 34 - It was stated that not only order and regularity in civil government should be maintained, but also the Company’s profit and interest should be considered Page 34 - It was recorded that martial law had been granted by King Charles the Second in the thirty fifth year of his reign Page 34 - It was ordered that the Governor should follow such orders as were given by the Company from time to time Page 35 - It was ordered that the Governor should levy the Company’s revenues by distress or other means Page 35 - It was ordered that the Company’s orders should not be dispensed with, they being invested with sovereign power both legislative and executive Page 35 - It was ordered that ships should receive their cattle from the Company Page 35 - It was ordered that ships should receive arrack and other goods, to be disposed of at twenty per cent Page 36 - It was recorded that one of the two shillings per acre land tax had been removed Page 36 - It was ordered that the King’s flag should be worn and due respect paid to it Page 36 - It was ordered that the Company should always have priority in the payment of debts owed to them Page 36 - It was required that four particular accounts should be kept in the ledger, namely garrison, fort, plantation and cattle Page 37 - It was ordered that all arrack, sugar and other goods purchased from shipping should be delivered into the storekeeper’s custody and charged to the fort as delivered, together with all cattle delivered for use Page 37 - It was ordered that extracts of all orders should be entered into a book kept for that purpose, to be laid upon the council table and made public to the inhabitants Page 37 - It was recorded that the Lords Proprietors possessed absolute power Page 37 - It was ordered that retailers of liquors should pay four pounds per annum Page 37 - It was recorded that the method of trying negroes had been approved, but that the legal punishment had been condemned | |
114 | The Appendix. The Banishment of Thomas Easton Condemned and John Panackly to pay two Dollars p Ann: for ground Rent Do. The Law for Satisfaction to be made for Executed Negroes Offendors to be kept for outward bound Ships and Banish- No Inhabitant to wear Swords, But to be fined Twelve Officers to forfeit Five Shillings to the Comp.y if seen with Distillers to pay Twelve pence for every hundred weight Dutch to pay no port Dutys -------- Do. Land to be lett out all but what for the Companys Neces- Works of Necessity to be done on the Lords Day as Water- To Examine what store of provision is on board Shipps, What Money of Orphans is Brought into the Companys If you do not agree in Councill in any Materiall thing No Forreigner to go about the Island on any Pretence | Page 38 - It was ordered that the banishment of Thomas Easton should be condemned, and that such sham banishments should be forbidden except to the west coast Page 38 - It was ordered that John Panackly should pay two dollars per annum for ground rent Page 38 - It was approved that satisfaction should be made in cases of executed negroes Page 38 - It was ordered that offenders should be kept for outward bound ships and banished for ever Page 39 - It was ordered that no inhabitant should wear swords, with fines of twelve pence for the first offence, two shillings for the second, and increasing up to five shillings Page 39 - It was ordered that officers should forfeit five shillings to the Company if seen without their swords, so far as serjeants and corporals if the Governor and Council thought fit Page 39 - It was ordered that distillers should pay twelve pence for every hundredweight of wood and four pence per gallon for single still arrack Page 39 - It was ordered that the Dutch should pay no port duties Page 40 - It was ordered that land should be let out except what was required for the Company’s necessary occasions Page 40 - It was ordered that works of necessity might be performed on the Lord’s Day, such as watering ships ready to sail, but that no servile labour should be allowed Page 40 - It was ordered that the quantity of provisions on board ships should be examined, and if insufficient, supplies should be offered and, if refused, seized Page 40 - It was ordered that any money belonging to orphans brought into the Company’s cash should bear interest Page 41 - It was ordered that if agreement could not be reached in council on any material matter after calm debate, reasons should be sent for judgement Page 41 - It was ordered that no foreigner, nor any suspected person, should be permitted to travel about the island on any pretence whatsoever | |
115 | The Appendice. Orders and Instructions from the United Commanders of Men of War to have fresh provisions for Capt. Tolland and other Commanders advice to be had for To take the advice of Merchant Captaines as well as Men To Role Rocks at the Edge of the Water on Beaches -------- Do. To have the Watering Place as Commodious as possible, and Account of Stores to be Sent Yearly & what is wanting Do. All affaires to be Ordered as the Majority of Councill That the Clark enter all Consultations clearly, which the That the Antient Method of all Civill and Criminall pro- All the Councill to attend to their Severall Busnesses if All the Rece.t of any Letters from the Company to Summons the | Page 45 - It was ordered that commanders of men of war should receive fresh provisions for their own table without charge, should be shown respect according to their rank, and that bills of exchange should be taken from them or others for provisions supplied to the ship’s company Page 45 - It was ordered that the advice of Captain Tolland and other commanders should be taken for fortifying the island, that assistance should be obtained from their men, and that gratuities should be given accordingly Page 46 - It was ordered that the advice of merchant captains, as well as men of war, should be taken for strengthening St Helena, and that gratuities should be given for their services Page 46 - It was ordered that rocks should be rolled to the edge of the water on beaches Page 46 - It was ordered that the watering place should be made as convenient as possible, that water should, if possible, be conveyed into boats, that materials should be purchased if required, and that if not obtainable the Company should be informed Page 46 - It was required that accounts of stores should be sent yearly, together with reports of what was lacking Page 43 - It was ordered that all affairs should be conducted according to the direction of the majority of the council, and that if votes were equal lots should be cast Page 43 - It was ordered that the clerk should clearly enter all consultations, that they should be signed by the council, that copies should be sent home by double conveyances, and that in cases of disagreement the Company should judge who was in the right Page 43 - It was ordered that the established method of all civil and criminal proceedings, as well as military matters, should continue as before Page 43 - It was ordered that all members of the council should attend to their respective duties, and that negligence should result in suspension or removal Page 43 - It was ordered that upon receipt of any letters from the Company the council should be summoned to open and read them, and that all orders from the Court of Managers should be carefully and immediately executed | |
116 | The Appendix Advise us of all Materialls and Occurrences on the Island, You must be very carefull to bring into our Cash all Moneys An Account of Stores to be Sent every Shipping with the Generall Letters to be Sent apart that the Company may Fortifying the Island Recommended againe -------- Do. All Orders to last through all times Unless the Necessity Give no rest to your thoughts till the Island be not only No Branches of the Trade to be Concealed from Either the No part of the Companys Concerns, but shall be managed by the No Moneys to be put into the Companys Cash, and give Bills of Shipps to pay for Beefe as we buy it of the Islanders, and to Wee think you very little if you can’t keep persons that come Support of Punctilios are Needfull Requisites in a Governour to have but one Vote in Councill and in case | Page 43 - It was required that advice be sent of all materials and occurrences on the island, including details of all shipping arriving each year, their destinations and origins Page 43 - It was required that all monies due in England by wills or from persons dying intestate should be carefully brought into the Company’s cash Page 42 - It was required that accounts of stores be sent with every ship, including quantities of what was lacking Page 42 - It was ordered that general letters should be sent separately so that the Company might receive them at the first port in England or Ireland, and that the remainder should be kept on board until arrival in the River Thames Page 42 - It was recommended again that the island should be fortified Page 42 - It was ordered that all orders should remain in force at all times unless necessity required alteration Page 42 - It was ordered that no effort should be spared until the island was not only tenable but capable of defending ships in the road Page 42 - It was ordered that no branch of trade should be concealed from the Governor or any member of the council Page 45 - It was ordered that no part of the Company’s concerns should be managed by a single person alone, but by the majority of the council, with all members having free access to matters under individual care Page 45 - It was ordered that no monies should be placed into the Company’s cash nor bills of exchange issued except at their intrinsic value Page 45 - It was ordered that ships should pay for beef at the same rate as purchased from islanders, and should receive arrack and other goods in payment or otherwise provide bills of exchange Page 45 - It was stated that persons coming ashore should be kept in proper decorum Page 45 - It was stated that the maintenance of formal dignity was necessary in a Governor and would inspire both respect and affection Page 45 - It was ordered that the Governor should have only one vote in council, and that in cases of equal votes the matter should be decided by lot, with each member recording reasons for disagreement and sending them to the Company | |
117 | The Appendix. A Regester Book to be kept within the Fort, of all Lands And for the better Encouragement of the Inhabitants And if there should be any case that doth not come within A Regester to be kept, and a small Fee to be paid the Clerke And this Register to lye open at all Convenient times Do. Keepers Justice of Peace Sent -------- Do. English Act of Parliament not in Use in Plantations Except What Beefe you spare to Ships shall be at the Market price Planters to have Liberty to go to Bengall, Bencoolen, or Criminalls to have Corporall punishments, and put to | Page 46 - It was required that a register book be kept within the fort of all lands and alienations, specifying the substance of such transactions, the parties involved, and signed by buyer and seller and attested by the Governor and Council, without which the sale should not be binding Page 46 - It was ordered that inhabitants should submit accounts of their freeholds by a fixed date to be registered, and that if no objections were made by a further appointed date, such claims should stand as conclusive evidence of property Page 46 - It was ordered that any case not falling within the established rules should be clearly stated and sent for a final answer Page 47 - It was required that a register be kept, with a small fee paid to the clerk, subject to the Company’s approval Page 47 - It was ordered that the register should be open at all convenient times Page 47 - It was recorded that keepers and justices of the peace had been sent Page 47 - It was ordered that Acts of Parliament were generally not in use in plantations except in select cases, and that judgement should be given according to equity and good conscience rather than strict common law, and that vexatious litigation should not be encouraged Page 47 - It was ordered that any beef supplied to ships should be sold at market price, and that if captains resorted to force, they might take what was tendered for the good of the island, without obligation to supply more Page 48 - It was ordered that planters should have liberty to travel to Bengal, Bencoolen or Bombay Page 48 - It was ordered that criminals should receive corporal punishment and be set to hard labour | |
118 | The Appendice. Account of Stores, and Ammunition to be Sent Every Shipping Generall Letters and all Materiall papers to be Sent by Three Bills of Exchange are to be Taken for the Ballance And if the Captaines or Purser of Ships of Warr, refuse Ships from England to Unlade in Ten working Days, or And all goods to be Delivered on Shore -------- Do. Orders Sent to be Lookt upon as Standing Rules, and When any List is Sent for goods from England Name the Criminalls to lye under Sentences & put to hard Labour -------- 51. None to be put to Death Except for Wilfull Murder -------- Do. A Severe Check about Gun Powder from all English Shipps Do. And why you Buy Wine & Brandy at that Extravagant To put all Sums in words as well as Figures, and Send As also an Annual Account how the goods are Disposed The Governour and Councill Little Worth if can’t keep None to draw a sword upon the Island which Sett up as Authority to be kept up &c -------- Do. | Page 48 - It was required that accounts of stores and ammunition be sent with every ship, together with details of what was needed Page 49 - It was required that general letters and all material papers be sent by at least double conveyances within the same fleet Page 49 - It was ordered that three bills of exchange be taken for the balance of all ships’ accounts, two to be sent by double conveyances and the third by the next conveyance Page 49 - It was ordered that if captains or pursers of ships of war refused to give bills, they should sign their accounts three times for transmission as directed Page 50 - It was ordered that ships from England should unload within ten working days or that protest should be made against the captain Page 50 - It was ordered that all goods should be delivered on shore Page 50 - It was ordered that all orders sent should be regarded as standing rules and directions for government Page 50 - It was required that when lists of goods were sent from England, the quantities of each item should be specified and reasons given Page 51 - It was ordered that criminals should remain under sentence and be put to hard labour Page 51 - It was ordered that no person should be put to death except for wilful murder Page 51 - It was issued as a severe directive concerning gunpowder from all English ships Page 51 - It was questioned why wine and brandy were purchased at excessive prices Page 52 - It was required that all sums be written in words as well as figures, that yearly accounts of the total charge of the island be sent, and that they be signed in council as the general letter Page 52 - It was required that an annual account be sent showing how goods from the stores had been distributed Page 52 - It was stated that the Governor and Council would be of little worth if they could not maintain proper decorum on the island and levy fines on disorderly persons coming ashore Page 52 - It was ordered that no person should draw a sword on the island, to be established as a standing public order Page 52 - It was ordered that authority should be maintained | |
119 | The Appendice. How you must Draw Bills of Exchange and Send the Enter all Bills either to be paid or Received in the Ge- Books to be Ballanced on the 25th day of March yearly Number the Paragraphs of y.e Generall Letters -------- Do. Salute Ships of Warr, in your Usuall manner -------- Do. And Forraigners as Customary -------- Page 54. And English Merchants Ships with but Three Guns, Account to be Sent every Shipping what Powder Spent If you use the Needfull Caution we cannot Doubt but You must not Suffer the Souldiers to run in Debt to the About an Hospitall to be Appoynted, and the Councill to No Forreigner to go about the Island upon any pretence Ships in the Companys Service to ride under the High Sold.ts that Neglect their duty to be punished page -------- 55. Free planters and others to be Fined for Neglect of Duty | Page 53 - It was required that bills of exchange should be drawn with accompanying detailed accounts and advice Page 53 - It was required that all bills to be paid or received should be entered in the general letter, with sums written in full words, dates specified, and the rate per cent recorded for each sum Page 53 - It was required that books should be balanced on the 25th day of March each year and sent home by the next shipping Page 53 - It was required that the paragraphs of the general letters should be numbered Page 53 - It was ordered that ships of war should be saluted in the usual manner Page 54 - It was ordered that foreigners should be saluted according to custom Page 54 - It was ordered that English merchant ships should be saluted with only three guns, and that if more were demanded, notice should be given to the Company Page 54 - It was required that an account be sent with every ship of all powder expended and the reasons for its use Page 54 - It was stated that with proper caution the running away of soldiers and blacks might be prevented Page 55 - It was ordered that soldiers should not be allowed to incur debts at punch houses, and that such excess should be restrained Page 55 - It was ordered that a hospital should be appointed, and that the council should ensure suitable provisions were supplied with frugality Page 55 - It was ordered that no foreigner should travel about the island on any pretence, nor that boats should sound around the island Page 55 - It was ordered that ships in the Company’s service should anchor under the high land of Ladens Hill, and that refusal by captains should be protested Page 55 - It was ordered that soldiers neglecting their duty should be punished Page 56 - It was ordered that free planters and others should be fined for neglect of duty upon double alarms | |
120 | The Appendix. Account to be Sent yearly of persons Behaviour which Ship Northumberland Charter party to be Duly Regar- A Certificate to be sent to the Company what Diligence Deliver up no Bills of Lading without Endorsing what An Account to be kept of Wine and Brandy Now sent Stores to be Viewed, whether Imbez[e]led, and if reason to | Page 57 - It was required that a yearly account be sent of the behaviour of all persons entertained by the Company, and whether they fulfilled the purposes for which they had been embarked Page 57 - It was ordered that the charter party of the ship Northumberland should be duly regarded and sent to Bencoolen with other papers in a packet, with three receipts taken, two of which were to be sent to the Company Page 57 - It was required that a certificate be sent to the Company stating the diligence used by captains in unloading their ships, including the time taken if exceeding ten working days, and the reasons for any delay Page 57 - It was ordered that no bills of lading should be delivered without endorsement noting any deficiencies Page 57 - It was required that an account be kept of wine and brandy sent, and of all other particular goods, including those for garrison stores Page 58 - It was required that stores should be inspected for embezzlement, and that if suspicion arose, proper persons should be appointed to examine the remainder held in each person’s custody | |
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125 | EAP 1364 St Helena Document Name and Date Goodwins Abstract letters from England 1673 - 1707 Dimensions (l x h x depth) (cm) (H) 38.5cm (W) 26cm x 3.5cm(w) No. written pages: 120 No. blank pages: 11 Spine and cover Very good Condition. Recently Rebound. Inside pages Good Condition. Foxing present. Additional comments Time taken to photograph (hours) 2 Hours |