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1 | | EAP 1364 St Helena Document Name and Date: St Helena letters from England 1673 - 1701 Photographer: Shelley Date photographed: 27. April 2022 Additional comments: [blank] | |
2 | | Book cover | |
3 | | WARNING. A poisonous solution containing mercuric chloride has been used in the repair and binding of this volume. | |
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6 | | BOOK “A”. LETTERS FROM ENGLAND 1683 - 1689. /1701./ Contains: - List of Persons left on the Island on re-
capture from the Dutch. - Laws and Constitution March 19ᵗʰ, 1651.
- King James’ Commission to Sir John Wyborne
for trial of Rebels 1685 and Instructions to him. - Laws and Ordinances of War established for
the conduct of the Army 1685. - Copy of Charter April 3ʳᵈ, 1661.
- Copy of Charter December 15ᵗʰ, 1673.
- Copy of Charter August 9ᵗʰ, 1665.
- Copy of Charter April 17ᵗʰ, 1686.
- Reports of Sessions 1683 - 1701.
This book was probably compiled 1690. /1701/ | |
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8 | | Letters from England 1683 to 1701 Mr Wogan the Apothecary stated he had sent them - subsequently he died and lodged a box to the Treasurer of the island - (See p. 243. “The State of the [unclear] Help”) Session of the Court Martial from 27 Nov 1685 to 7 Oct 1690 210 276 A private letter - direction or writer not mentioned enclosing claim from Madam Cowan (late Mrs Jordan) for the estate of Robert Goodwin 277 Another letter evidently written by Mr Hogarth on the will of Jacob Herry deceased - Mr Park as Shoulder (Mr Park died I think 1711 Mr Hogarth succeeded) see consultation Book No 1 p. 21 With regard to his evidence see Book of Laws p. 250 & 251 also Proclamation of August 7 (1685) - find compensation | |
9 | | St. Helena Records. We now present our readers with Index to the third Book of “Letters from England,” and having already published the two former, containing the documents and orders then sent out for the guidance of its authorities by the Company, we have now a complete series of Letter Books from 1681 to 1707 - a treasure trove of information both highly interesting, but often provocative in its topics. LETTER BOOK FROM ENGLAND 1673 - 1701. Letters report Charles II., dated 5 Dec. 1673, granting Island to Company of Merchants of London, and naming Governor, Deputy Governor, Secretary, and Administrator, Dr. Bromfield to be sent as Surgeon and Catechist. On 13th December Warrant to same effect also sent. Copy of King’s Charter of 3 April 1661. Order to send out 5,000 dollars with copy of account of Mr. Munday, and instructions for its expenditure. Mr. Munday to send report of any deficiency or surplus. Mr. Beale, of Swanage, commended by Mr. Blackmore, to be sent as Minister. Additional instructions to Mr. Munday re drunkenness and illegal sale of liquor. The King’s Warrant under the Great Seal appointing Governor and Council to make laws for better Government of Island. Letter concerning religious service, to be held daily, and all to attend. Bible and Prayer Books sent by the Company. Remarks on Mr. Beale’s non-arrival and decision to appoint another Minister. Warrant by Charles II. dated 9th July 1674 to Company for apprehension of certain pirates. Instructions to Governor to apprehend and detain all suspects. Directions to seize all pirates and their vessels. Reward to be given for apprehension. Instructions re plantation of maize and cotton, and encouragement to settlers. Rules for conduct of Governor and Officers. Complaints about neglect of fortifications. Directions for payment to gunners. Orders re arms and ammunition. Mention of Reverend Mr. Goodman, Chaplain. Instructions re making of bricks and tiles. Governor’s Commission signed by the King, dated 12th December 1673. Instructions to prevent illicit trade with foreign vessels. The ship “John and Mary” reported as calling off the Island. Directions re disposal of cargo and repair of the ship. Recommendations regarding fortifications and muster rolls. Instructions for prevention of embezzlement of stores. Orders to discharge bad servants and retain faithful ones. Letter from the East India Company to Governor recommending good treatment of native women and respect for marriage customs. Complaint against Mr. Bond. Reference to Governor’s wife and household expenditure. Enquiry into account of Mr. Bond. Appointment of Mr. Cox as Storekeeper. Commission and Instructions sent to new Governor. Orders to enforce daily prayers. Injunctions for Sabbath observance. Warning against vice and immorality. Directions re marriage service. Directions for training of militia. Order to build a prison. Instructions for improved care of sick soldiers. Letter re conduct of Mr. Bond and remarks on Governors’ reports. Orders for inspection of store accounts. Governor to report monthly. Directions re the care of Company’s property. Complaints of inactivity and waste. Instructions re employment of soldiers and servants. Recommendation to erect mills for grinding corn. New plans for defence to be prepared. Prison to be repaired. Orders for issue of fresh provisions to ships. Instructions re sick soldiers to be sent home. Mention of Mr. Goodwin and disorderly conduct. Letter of reprimand to Governor. Directions for formation of Councils. Mr. Wavell and Mr. Hogarth named. Letters Book from England 1673 - 1701, throws into clear relief the nature of those almost two ruling influences on St. Helena: the Company and the King. St. Helena, fort Mounts. Disposition of, Dec. 27, 1683. Strength of Garrison: 160 soldiers, 17 Guns on Munden’s Mount, 16 on Ladder Hill, 14 at High Knoll, 12 at Bank’s Battery, 8 on Alarm Hill, 4 at Prospect Hill, 6 on Sugar Loaf Hill. 3 cannons at Lemon Valley, and 4 at Swanley Valley. Total 80 guns. 14 barrels of powder. 6 barrels of musket balls. Fortifications, all extensive, not yet so. Also record of execution of Munday and Mr. Bond. Various orders for appointment of officers. Mention of Reverend Mr. Wilson, Minister. List of stores in magazine. Report on supplies from England. List of ships calling at the Island. List of passengers. Report on Mr. Goodman, Minister. Mention of St. James’ Church and repairs. Account of Governor’s house. Arrival of Dutch ships in 1694. Orders for defence. Directions for Governor to enquire into complaints. Governor’s Commission. P.S. Most of documents not summarised are of a kind of interest, especially concerning laws, punishments, and executions. P.S. 2 Most of contents summarised can be obtained in full from the Colonial Letters of April to 1701. | |
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11 | | Contents Letters from England Book B 19 Dec 1673 - page 1 15 Dec 1674 - 10 18 March 1675 - 16 20 Feb 1677 - 36 28 Nov 1678 - 46 20 March 1679 - 53 20 March - Rumours and - 53 20 March 1680 - 63 20 March 1681 - 66 14 June 1683 - 76 1 Aug. 1683 - 82 also copied also in Book A These letters only partially copied in Book A In Book B it contains 100 paragraphs 22 Aug. 1683 - 83 7 April 1684 - 89 2 April 1685 - 97 26 June 1686 - 107 9 April 1686 - 120 31 Aug. 1687 - 132 9 Sept. 1687 - 142 15 April 1689 - 149 1 April 1690 - 152 10 Feb. 1691 - 152 11 Dec. 1695 - 153 East India Company’s Charters from Charles II - the pages 147, 167 do - do - do - 1694 - 172 *In Book A page 1 do - New Charter - do - 181 do - to King James II - 1685 - 189 Company Commission 3 Feb. 1685, concerning trials, Mr. Hodson as Govr At the end of this Book 210 to 275 are entered various Trials at Sessions | |
12 | | Mr. Wogan (Chaplain) declining &c. All Island baptising &c, and dedicated lots for Planters 7 & claims after 24. Complaint from Chapln regarding book supplies, Rumour about Frenchman 28. Mr. Wogan abscond. Victualling Service and Chapln punished 29. People disturbed from worship & bring given the South advantage - Thompson &c 29. What British troops are Volunteering 32. 2 letters sent per Hampshire 31. 30 Writed on Mr. Wood is very prominent 33. Slaves required to respect their salary of muskets - not defined as other troops 34. T Johnson to be acceded & examining Mr. Wogan’s book in Gov. Service 37. Three Island reports on the Board 38. Mr. Church restored to position and Gov. An Overseer 38. Punishment of Planters, troops who absconded 39. Island and Newcastle Wharf 44. Rev. Mr. Church not stayed to Island those who can’t read 45. Subsequent allowed to remain, leaving murmur 47. Severe reference and Gov. to discharge or see manumission papers to Holy - T orders respect Clerical duties 49. Sheriff John appointed then oath 50. Prices for purchasing partners in Catcott 51. A trademark and specimen Lignum & Tobacco noted. Flags for Churches. Letters of 1683 - large also orders of 60 guns aboard. Each Planter having to Degree Proof of Proficiency - in plough, or lantern, 10 for honesty Page 64. Plan of property by New Survey described 65 2 Names & Eastern House read out 66. Also copying leeds - planting advantages Mr. Smyth’s place 69 - Road workers directed by Court to be off on each day 69 One Churchwarden also for each Church 70 - Lime to be worked for, chalk sent to be burnt with it 70 - Plantation to be built at Windhouse 71 - Badges, armaments & Bibles purchased. Fencing - right of clearance 72 The Rev. Church concerned about refusing Corn Wages, Labourers 74 10 m. tax for Minister & Church Buildings 75 commanded withdrawal 84 Greatwood or Longwood recommended for growing corn & wheat 76 | |
13 | | Subjects to be recorded 77 - Reference to sending a mod of the Forts - Hill &c 80. Note (Poste Union?) 7th sent by H. G. Jonathan & Brockman in some new settlement to be made in Mountains &c 82. Price of Hogs from St Jago 84 First Clergymen sent out - salary &c 84. Larymores Plantation planned? 87. Production of Indigo & cotton recommended 88 - Also delivery of Roads 88 - Salt to be obtained &c 89. Sugar - Rice - Ground Pease &c 91 - Cooking of fish - Tanners to be sent 91 Prices Provisions sent from England &c Widows bought from S. I. &c 93 - Slaves - Plantations to be located as in Ceylon - Water for working Mills - Better roads to “The Town” Storehouses & Market place & School &c Turkey has twice occupied the third speakership of East India Co 95 & 97 & 97 Provision for settlement at Point at Lemon 96 &c Letter to the Surprizers of “St Pauls” £50, after taken at Bengal - and Governor directed to detect remainder, and to stop if any had 98 About Protestant & Churches &c 99. Letter about bishop &c from India dated Mayfly 102 - Young people to be trained - Race Horse - Died 108 - p. 105 Shade and plantations 107. Goods recommended to be sent 105 Relations planted again 108 The Dutch have instituted a Company similar to the - Bamboos 109 of which the “Mottos” 109 - Character & dress N. E. Arabic - 113 - Edicts received 131 Whipping, Fining, &c & warning to bring tongues &c at Lent times 135 - Poll tax to be levd & Paint & muralist 136 “lett” &c as is referred till boundary of time - Astronomy about the winds at “Hays” Aug 138 Liquor found unsuitable for soldiers 140 Towns on Mountain shoulder &c - Govt Cold Power & punishment to be sent & kept for Mr. Maybank’s son to try 141 School & Marriages Proclamation sent 140 | |
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17 | | N.B. - Letters Noted of No. 11 dated 18ᵗʰ Dec: 1673 - Boundary St. H. to Campbell p. 5 J. Crowcher - Printer p. 8 - Clark 11 W. Holland - James the Constable 9 - born p. 30 Sent prisoners - particulars 13 - F. S. L. C. &c &c Mr. Church 12 - in 1675 fined p. 6 - Dined & he declined 13 & 14 Mr. Stace - Chaplain - Salary & duties - B. D. at W. Church till December 1679 Girl Fields ordered home in 1677 - by letter per Cond 17 Instructions to Governor Skelton about withholding Indians 17 Planter on Mustard side of River 40 men instead of 20 - Rights of marriage & of the field 28 | |
18 | | A Liſt of What men were Sland of St Helena out of the Severall Warrs And their Wages in the Kings Service The Aſsiſtance Frigott Captn Rich: Keo[...] ... 8:10:0 Tho: Patt[...] ... 1:03:0 Seaman George Nea[...] ... 1:03:0 Ensign Geo Leven[...] ... 1:04:0 Sould: Tho: Ree[...] ... 0-18-0 Tho: Jo[...] ... 0-18-0 Wm: Bad[...] ... 0-18-0 Rai[...] & Tui[...] ... 1-04-0 also Geo: Shan[...] ... 1-04-0 Pete[...] Bla[...] Tho: Dow[...] Davi[...] Griff[...] Mich: Mor[...] Hugh Ric[...] Jn: Bar[...] Edw: Ha[...] Matt Wha[...] Cooke Rich: Gil[...] ... 1-04-0 Hen: Elli[...] Robt Gre[...] Jno: Marl[...] Tho: Clif[...] Fra: Bart[...] Hugh Pri[...] Fra: Corri[...]on Fra: Bar[...] Wm: Wick[...] Jn: Lovel[...] Jun[...] Robt W[...] Dan: Le[...]h Amo[...] Hopk[...] Jno: Good[...] Tho: Bro[...] Sam: Gree[...] Jno: Comp[...] Dan: Gard[...] Hen: Hea[...] Sam: Roll[...] Pete[...] Mathe[...] Moh[...] John Dun[...]field Rich: Davi[...] John Addi[...] Tho: We[...] Matt Ge[...] Wm: Brad[...] Dan Davi[...] Matt Ged[...] Anth: Boo[...] Wm Mill[...] Geo: Broo[...] Rich: Whit[...]ll Hen: Smi[...] The Leva[...] men Captn [...] ... 4-5 Geo: Bar[...]ld Tho: Shi[...] Jame[...] Smi[...] Mea[...] Wm: Burt[...] Seaman Mich: John[...] Ensign John Va[...] Hugh Mart[...] John Eden Law[...]n[...] Robt Mart[...] John Tra[...]y Tho: Ino[...] Hen: Web[...]rne Phil: Bon[...] Robt Wilk[...] James Wake[...]ld Tho: New[...]ll Morgan Har[...] John Sti[...] Jonas Tay[...]r Fra: Ca[...]er Wm: Wa[...]d Robt Bat[...]an Geo: Car[...]lla Tho: Baz[...]t Tho: Broo[...] | This records the men from the island of St Helena who served on various warships and the wages they received while in the King’s service. On the frigate Assistance, Captain Richard Keogwin received £8 10s 0d. Thomas Patterson and the seaman George Neale were each paid £1 3s 0d. Ensign George Levenden received £1 4s 0d. The soldiers listed for this vessel included Thomas Reeve, Thomas Jones and William Badley, who were each paid 18s 0d. Raines and Tuit were paid £1 4s 0d. George Shandy was also paid £1 4s 0d. Other soldiers recorded were Peter Blake, Thomas Downes, David Griffiths, Michael Morgan, Hugh Richards, John Barker, Edward Harris and Matthew Whaley. Richard Gilbert, the cook, received £1 4s 0d. Additional men listed without specific wage figures were Henry Ellis, Robert Green, John Marland, Thomas Clifford, Francis Bartlett, Hugh Price, Francis Corrinson, Francis Barker, William Wickham, John Lovelace Junior, Robert W[...], Daniel Leigh, Amos Hopkins, John Goodwin, Thomas Brown, Samuel Green, John Compton, Daniel Gardner, Henry Heath, Samuel Rolles, Peter Matthew Mohun, John Dunfield, Richard Davis, John Addison, Thomas West, Matthew Geddes, William Bradley, Daniel Davis, Matthew Geddes, Anthony Booth, William Miller, George Brooks, Richard Whitehall and Henry Smith. The men from the Levant included the Captain, whose name is unreadable and who received £4 5s. Others listed were George Barnfield, Thomas Shipton, James Smith Meads and William Burton. The seaman Michael Johnson was listed alongside Ensign John Vaughan, Hugh Martin, John Eden Lawrence, Robert Martin, John Tracey, Thomas Inos, Henry Webborne, Philip Bond, Robert Wilkins, James Wakefield, Thomas Newall, Morgan Harris, John Stile, Jonas Taylor, Francis Carrier, William Ward, Robert Bateman, George Carmella, Thomas Bazet and Thomas Brooks. Interpretations Rai[...] & Tui[...] : Raines and Tuit Geo Leven[...] : George Levenden Fra: Corri[...]on : Francis Corrinson Pete[...] Mathe[...] Moh[...] : Peter Matthew Mohun Jame[...] Smi[...] Mea[...] : James Smith Meads |
19 | | Owen: Daw[...] Math: Borne[...] Jo: Cope[...] Rich: Tanno[...] Mich: Dani[...] Tho: Dod[...] Tho: Jone[...] Wm: N[...] Tho: York[...] Wm: Tar[...] Geo: Bor[...] Joho: Loge[...] Jn: Rich[...] Jn: Run[...] Wm: N[...] Wm: Bro[...]ey Wm: For[...] Seaman: Mi[...] Seaman: Al[...] The Mary & Martha Jn: Hen[...] Jn: Co[...] Jn: Rich[...] Robt: Will[...] Tho: Gask[...] Jo: Bro[...] Wm: Bro[...] John Stri[...] Sim: James Robt: Ash[...] Tho: Ganne[...] Jos: Eagles[...] Jn: Browne Wm: Hale Isa: Seaton Thm: Mas[...] Tho: Borne Robt: Whe[...]ne Rich: Pearson Fra: Rog[...] Volunt: The Bridgwater : 13 Men: Ward Wm: Ga[...]on Tho: Fareb[...]n The Wm & Thomas Rich: Holland Hen: Kingham Dani: Salo[...]on Ja: Williams Wm: Butle[...] Nic: Li[...]s Wm: Hart[...] Rich: Alexander Hen: Francis Hugh: Jones Ralf: Sim[...] Jn: Holland Wm: Elliott Geo: Mitchell Ony: Quint[...] Wm: James Wm: Hale Robt: Stick Geo: Wood Wm: King Wm: Wick[...]nd Jn: Gree[...] Jef: Baker Law: Ogle Wm: I[...] Jn: Moore Math: Lynsey Fran: Cooke Tho: Coppin Rich: Jackson Rich: Mosely Hen: Owen Jo: Lawson Wm: War[...] Tho: Barrow Robt: Nicho[...] | This records the additional men from St Helena who served in the King’s service on various ships. The following men were also listed, perhaps as part of the previous group, including Owen Dawson, Matthew Borne, Joseph Copeland, Richard Tannock, Michael Daniel, Thomas Dodd, Thomas Jones, William N[...], Thomas Yorke, William Tar[...], George Bor[...] and John Logen. These were joined by John Richards, John Run[...], William N[...], William Bromley and William Ford, as well as the seamen Michael [...] and Al[...]. On the Mary and Martha, the men serving were John Hen[...], John Co[...], John Richards, Robert Williams, Thomas Gaskin, Joseph Brown, William Brown, John Stride, Simon James, Robert Ash[...], Thomas Ganne[...], Joseph Eagleson, John Browne, William Hale, Isaac Seaton, Thomas Mas[...], Thomas Borne, Robert Whe[...]ne, Richard Pearson and Francis Rogers. The ship Bridgewater carried thirteen volunteers, including men named Ward, William Ga[...]on and Thomas Fareb[...]n. Those serving on the William and Thomas were Richard Holland, Henry Kingham, Daniel Salomon, James Williams, William Butler, Nicholas Li[...]s, William Hart[...] and Richard Alexander. This crew also included Henry Francis, Hugh Jones, Ralph Sim[...], John Holland, William Elliott, George Mitchell, Ony Quint[...]n, William James, William Hale, Robert Stick, George Wood, William King, William Wick[...]nd, John Green, Jeffrey Baker, Lawrence Ogle, William I[...], John Moore, Matthew Lynsey, Francis Cooke, Thomas Coppin, Richard Jackson, Richard Mosely, Henry Owen, Joseph Lawson, William War[...] and Thomas Barrow. Robert Nicho[...] was also part of this company. Interpretations Jo: Cope[...] : Joseph Copeland Joho: Loge[...] : John Logen Wm: Bro[...]ey : William Bromley Jos: Eagles[...] : Joseph Eagleson Thm: Mas[...] : Thomas Mas[...] Ony: Quint[...] : Ony Quintin Jef: Baker : Jeffrey Baker Law: Ogle : Lawrence Ogle Math: Lynsey : Matthew Lynsey |
20 | 1 | By the Governour & Compa[...] of Merchants of London trading to the East Indies at a Court Comittee holden the nineteenth day of December in the five & twentieth year of the Reigne of our Soveraigne Lord Charles the 2d by the grace of God Kinge of England Scotland France & Ireland Defender of the Faith &c Anno Domini 1673 Whereas upon notice given us of the Reduce[...] of the Island St Helena by Sr [...] Commander of a Squadron of ships sent forth by the King with orders who have attacked the place by force his pleasure was that the said Island should be continued under his Majesties immediate Government & Charge or what other course may be thought best to give them assistance and for having thereupon signified his Royall pleasure that the Island should be under our government & care for us to maintaine at our charge & according to his Letters Pattents under the great seale of England beare date the [...] day of [...] in the month of December last passed & conferred with us the Governour & Company of Merchants of London trading to the East Indies & our factors the said Island of St Helena as they are made and constituted in the said & a Booke Lodged in the Power & Authority to give such rules & directions for good government of the said Island as to us shall seeme necessary within the compasse & scope of our Charter and we have taken into consideration the many great [...] said Island for its future safety and preservation and taking notice of the severall ships which are now arrived or expected at the said Island & the persons which have been there & now resident upon the said Island and the future trade & employment of the said Island and order & command all persons that are or shall be Inhabitants of the said Island to be obedient to [...] orders & directions and we do hereby direct & appoint the said Governour to make provision for all such persons & things as shall be necessary for the safety & defence thereof and to take care that all abuses be prevented and offenders punished | At a committee meeting held on 19 December 1673 by the Governor and Company of Merchants of London trading to the East Indies, during the twenty-fifth year of the reign of King Charles II, the following was recorded. The Company received notice that St Helena had been retaken by Sir [...] who commanded a squadron of ships sent by the King. Although the King initially intended for the island to remain under his direct government and expense after it was seized by force, he subsequently signified his royal pleasure that it should instead be placed under the care and government of the East India Company. Under the terms of letters patent issued under the Great Seal of England in December 1672, the King granted the island to the Governor and Company of Merchants of London trading to the East Indies. This grant gives the Company the power and authority to establish such rules and directions for the good government of the island as are necessary within the scope of their charter. The Company considered the measures required for the future safety and preservation of the island, noting the various ships that have arrived or are expected, as well as the people currently living there. To ensure future trade and order, the Company commands all current and future inhabitants of St Helena to be obedient to its orders and directions. The Governor is appointed to provide everything necessary for the safety and defence of the island, and he is further instructed to ensure that all abuses are prevented and that offenders are punished. Interpretations December last passed : December 1672 Sr [...] : Sir Richard Munden |
21 | 2 | By the Governour & Comp[...] of Merchants of London trading to the East Indi[...] at a Court Comittee holden the nineteenth day of December in the five & twentieth year of the Reigne of our Soveraigne Lord Char[...] the 2d by the grace of God Kinge of England Scotland France & Ireland Defender of the Faith &c Anno Domini 1673 Whereas upon notice given us of the Reduc[...] of the Island St Helena by Sr [...] Commander of a Squadron of ships sent forth by the King with ord[...] who have attacked the place by force his pleasure was that the said Island should be continued under his Majesties immediate Governm[...] & Charge or what other course may be thought best to give them assistance and for having thereupon signified his Royall pleasure that the Island should be under our government & care for us to maintaine at our charge & according to his Letters Pattents under the great seale of England beare date the [...] day of [...] in the month of December last passed & conferred with us the Governour & Company of Merchants of London trading to the East Indies & our fact[...] the said Island of St Helena as they are made and constituted in the said [...] & a Booke Lodged in the Power & Authority to give such rules & directions for good government of the said Island as to us shall seeme necessary within the compasse & scope of our Charter and we have taken into consideration the many great [...] said Island for its future safety and preservation and taking notice of the severall ships which are now arrived or expected at the said Island & the persons which have been there & now resident upon the said Island and the future trade & employment of the said Island and order & command all persons that are or shall be Inhabitants of the said Island to be obedient to [...] orders & directions and we do hereby direct & appoint the said Governour to make provision for all such persons & things as shall be necessary for the safety & defence thereof and to take care that all abuses be prevented and offenders punished Whereas we have Hired to take Possession in the River & East Indi[...] James Gro[...] Commander & John & Alexander in Sam[...] Rica[...] Commander a List of Storehous[...] & Invoice of goods & Bills of Lading are also sent with them all which that in pursuance of the Author[...] to us granted as aforesaid & for the good Govern[...] of the said Island we have made & ordained & do by these presents make ordain & constitute Capt [...] Swi[...] to be Governor of the said Island & Capt Antho[...] Be[...] to be Deputy Governor the rest of the two Comp[...] of the said Island for the time being namely [...] & Mr Inwa[...] to be of our Councill for the said Island and to take place in Councill in the order they are here named which said Governour & Councill for the time being and in the absence of our Governour his Deputy and our said Councill or any three of them whereof the Governour or his Deputy to be alwayes one are hereby to have & exercise the chief command & authori[...] in the said Island in all matters whatsoever & unto whom all the people & persons there residing of what quali[...] or condition soever are to give & yield due obedience And forasmuch as it is altogether necessary that in case of the Death or remove of the said Capt Swi[...] or absence of him these presents shall come into the said Island should be provided for the Government that some other person be named & appointed to succeed in the place of Governour we have thought fit to order and appoint that in case the said Capt Swi[...] dye or be removed then the person named in these presents shall succeed in place of Governour of the said Island and in case of Death or remove of such person so succeeding then the next in the said Councill shall succeed & continue Gover[...] and the said Councill of the said Island for the time being or any three of them to be our Chief Commis[...] executing the place & office of Governour in as full & ample manner as the said Capt Swi[...] is hereby granted unto the said Capt Swi[...] and to continue untill further order shall be signified under the Common Seal | Notice was received by the Governor and Company of Merchants of London trading to the East Indies at a Court Committee held on 19 December 1673, in the twenty-fifth year of the reign of King Charles II. It was recorded that the Island of St Helena was retaken by Sir Richard Munden, who commanded a squadron of ships sent out by the King. Although it was initially the King’s pleasure that the island remain under his immediate government and expense after being taken by force, his royal pleasure was subsequently signified that the island should be placed under the care and government of the East India Company. In accordance with letters patent issued under the Great Seal of England dated [...] December 1672, the island was granted to the Governor and Company. Power and authority were thereby conferred to establish such rules and directions for the good government of the island as seemed necessary within the scope of the Charter. Consideration was given to the future safety and preservation of the island, noting the various ships that had arrived or were expected, as well as the persons then resident there. For the sake of future trade and employment, all current and future inhabitants of the island were ordered and commanded to be obedient to all directions. The Governor was directed to make provision for all things necessary for safety and defence, and was further instructed to ensure that abuses were prevented and offenders punished. The James, commanded by Captain James Gregory, and the John and Alexander, commanded by Captain Samuel Ricards, were hired to take possession. A list of storehouses, an invoice of goods and bills of lading were sent with them. In pursuance of the authority granted, Captain Richard Field was appointed as Governor of the island and Captain Anthony Beale as Deputy Governor. These two, along with [...] and Mr Inward, were constituted as the Council for the island, to take their places in the order named. It was ordained that the Governor and Council, or any three of them provided the Governor or his Deputy was one, should exercise chief command and authority in all matters. All residents, regardless of their status, were required to yield due obedience. Provision was also made for the government of the island in the event of the death, removal or absence of Captain Richard Field. It was ordered that should he die or be removed, the person named next in the document should succeed as Governor. In the case of the death or removal of that successor, the next member of the Council was to succeed. The Council, or any three of them, were appointed as chief commissioners to execute the office of Governor with the same full authority granted to Captain Richard Field, to continue until further orders were signified under the Common Seal. Interpretations December last passed : December 1672 Sr [...] : Sir Richard Munden James Gro[...] : James Gregory Sam[...] Rica[...] : Samuel Ricards Capt [...] Swi[...] : Captain Richard Field Antho[...] Be[...] : Anthony Beale |
22 | 3 | And you our said Governour & Councill or so many of you as shall be imployed in the execut[...] of the power & trust to you com[...] are to observe the following Instruc[...] Upon the arrivall of the Shipping you are to take from the Commander all their ammunit[...] & sto[...] provisions according to their respec[...] Invoice & Bills of Lading & cause them to be safely put under the charge & custody of Cap[...] Broo[...] & the same to be forthwith that the same be preserved from dam[...] waste & imbe[...]ments & to keep an exact accompt thereof in a Booke by way of Dr & Cr and in case of the death or Mortal[...] of the said Cap[...] Antho[...] Bea[...] then we appoint Mauri[...] Moo[...] to be Stew[...] & Stor[...] untill our further order You are to be carefull in the distribut[...] expence and disposall of the said stores & provisions & to see that none of them be delivered or issued but by our Hus[...] or Warrant to be signed by our Governour & the ma[...] part of our Councill and as to the victualls that shall be in the proport[...] hereafter prescri[...] to be allowed to every Sea[...] for his encoura[...] & mainten[...] the rest as you shall judge necessa[...] reserving the remain[...] of good[...] & provis[...] so to be issued to be charged with acco[...] & form in whom the same shall be issued & also following viz the same for & forbeara[...] cause an acct thereof & the Cheif also make returns of other goods & provisions according to Invo[...] You are to examine & state an acct how the stores & provisions mention[...] in the said Invoices have been expended or dispo[...] where & in whose hands the remain[...] thereof have been and whether the goods have been embe[...]ed or wasted and to raise & apply the same to the best Advan[...] and to take care that the Hus[...] be charged therewith & that the same be entred in a booke and that the said remain[...] stores be secured in safe custody and that no part thereof be issued but upon order to be signed by the Governour & Councill | The Governor and Council, or those employed in the execution of the power and trust committed to them, were instructed to observe the following directions. Upon the arrival of the shipping, the Governor was to take from the Commander all ammunition and stored provisions according to their respective invoices and bills of lading. These were to be placed safely under the charge and custody of Captain Anthony Beale and preserved from damage, waste and embezzlement. An exact account was to be kept in a book by way of debtor and creditor. In the event of the death or mortality of Captain Anthony Beale, Maurice Moore was appointed to be steward and storekeeper until further notice. Care was to be taken in the distribution, expense and disposal of the said stores and provisions. It was ordered that none should be delivered or issued except by warrant signed by the Governor and the majority of the Council. Regarding victuals, these were to be allowed to every seaman for his encouragement and maintenance in the proportions prescribed, with the remainder of the goods and provisions issued as judged necessary. A record was to be kept of to whom these items were issued, and returns were to be made of other goods and provisions according to the invoices. An account was to be examined and stated regarding how the stores and provisions mentioned in the invoices had been expended or disposed of. It was to be determined in whose hands the remainder stayed and whether any goods had been embezzled or wasted. These were to be applied to the best advantage, ensuring the husband was charged with them and that the details were entered in a book. The remaining stores were to be secured in safe custody, and no part of them was to be issued without an order signed by the Governor and Council. Interpretations Cap[...] Broo[...] : Captain Anthony Beale Antho[...] Bea[...] : Anthony Beale Mauri[...] Moo[...] : Maurice Moore Stew[...] & Stor[...] : Steward and Storekeeper Hus[...] : Husband (the officer in charge of ship’s accounts and stores) |
23 | 4 | You are also forthwith to take into your posses[...] all the Goods that can be sa[...] or recove[...] from the said Island and to dispo[...] & same that a distribut[...] may be made to the severall Inhab[...] thereof according to such Rule[...] & Direc[...] hereafter ment[...] You are also to take care that the 3 Book[...] left by Mr Mund[...] on the said Island be kept safe and that you guide & suffer the Inhab[...] at conven[...] times to come & view them and that at the said times no more than two or three be permit[...] at once to view them and that no one take away or defa[...] any of them You have sent on board the Europ[...] goods in [...] & [...] money which is to be delivered into the charge of John Mund[...] & Capt Antho[...] Bea[...] and you are to take care that the same be careful[...] preser[...] and accoun[...] for That every man may have his proport[...] thereof and to be issued by war[...] of the Governour & Councill as the said Governour and Councill shall think fit[...] Touching the Souldi[...] We do order & appoint that all our Souldi[...] now on the said Island be reduc[...] into two Comp[...] and that the Governour be Captaine of the one and the Deputy Governour the other and we do authori[...] & impow[...] our said Governour to nomin[...] & appoint fit persons to be Lieuten[...] & Ensign[...] to the said Comp[...] and so we have Esta[...] the pay & mainten[...] follow[...] viz To the Cap[...] & Fie[...] as Governour & Captaine of the said Comp[...] [...] per annum More to him by way of gratu[...] [...] To the Lieuten[...] [...] To the Ensign [...] To each common Souldi[...] [...] per annum To the Serj[...] [...] To the Corpor[...] [...] To the Drum [...] To a Gunner to be chosen by the Governour and Councill who is to have [...] per annum | Instructions were also given for the immediate possession of all goods that could be saved or recovered from the island. These were to be disposed of so that a distribution could be made to the various inhabitants according to the rules and directions mentioned hereafter. Care was to be taken to ensure that the three books left on the island by Mr Munden were kept safe. The inhabitants were to be permitted and guided to view them at convenient times, though no more than two or three persons were to be allowed to view them at once. It was strictly ordered that no one was to take away or deface any of the books. Goods and money sent on board the Europe were to be delivered into the charge of John Munden and Captain Anthony Beale. These items were to be carefully preserved and accounted for, ensuring that every man received his proportion. These were to be issued by warrant of the Governor and Council as they saw fit. Regarding the soldiers, it was ordered and appointed that all soldiers then on the island be reduced into two companies. The Governor was to be the Captain of one company and the Deputy Governor the Captain of the other. The Governor was authorised and empowered to nominate and appoint suitable persons to serve as Lieutenants and Ensigns for these companies. The pay and maintenance were established as follows: The Governor and Captain of the company was to receive [...] per year, with an additional [...] provided as a gratuity. A Lieutenant was to receive [...], and an Ensign was to receive [...]. Each common soldier was to be paid [...] per year. A Sergeant was to receive [...], a Corporal [...], and a Drummer [...]. A Gunner was to be chosen by the Governor and Council and was to receive [...] per year. Interpretations Mr Mund[...] : Richard Munden John Mund[...] : John Munden Antho[...] Bea[...] : Anthony Beale |
24 | 5 | You are to take care that the Inferior Offic[...] & Souldi[...] be exercised in arm[...] & taught to con[...] watch and Duty as you shall judge needfull according to pract[...] used in milit[...] disciplin[...] & during their continu[...] in the Comp[...] they are to assist in the erect[...] fortific[...] & such other work[...] of use & Conven[...] as you shall direct and from time to time your Councill shall direct for the good & welf[...] of the said Island and you are to employ them when they can be spared to assist the Plant[...] in their Plant[...] and when they shall be lodged in the work[...] of the Comp[...] Plant[...] that they be consider[...] & pa[...] for the same You are forthwith to proce[...] & dispo[...] of such arm[...] as you may have for the streng[...] the fort[...] & in strong good[...] & arm[...] & suffic[...] Platform[...] as may be requis[...] for the better safeg[...] and defen[...] of the Island as you in your Judgem[...] shall think fit & most conven[...] We have not sent you materi[...] that will be proper or fit to take away produ[...] or remove any ammunit[...] already upon the Island & most sent you [...] in severall plac[...] on the Island and that the Magaz[...] [...] & secur[...] guard[...] about the middle of the Island where the same may be issu[...] with most safe[...] and conven[...] for supply of all the guard[...] and that upon all occas[...] Victu[...] & provis[...] may be sent to every part of the Island that they be not forced to quit the same for want thereof You are to take special care that our powder be not embe[...]ed nor wasted by salu[...] or other[...] but on speci[...] and not to be used but upon urgent occas[...] or [...] We have thought fit to provide a house or hous[...] by this Shipping to be erected on the Island for a Store[...] or hous[...] to lay up victu[...] provis[...] & other thing[...] and we do appoint that Capt Antho[...] Bea[...] have accommod[...] of dwell[...] therein for him[...] & fam[...] for the present and every man to use them in order to serve therein And whereas many of the Inhab[...] and Souldi[...] in this milit[...] Govern[...] are now complain[...] being desir[...] to leave the Island to become Plant[...] or other[...] to remain in the Island we do hereby recommend the accommod[...] therein for them mention[...] and to be observ[...] the [...] and for encourag[...] to follow[...] | The Governor and Council were to ensure that the inferior officers and soldiers were exercised in arms and taught to conduct watch and duty as judged necessary, according to the practices used in military discipline. During their time in the Company, they were to assist in the erection of fortifications and other useful works as directed for the welfare of the island. When they could be spared, the men were to be employed to assist the planters in their plantations; when lodged and working on the Company’s plantations, it was ordered that they be considered and paid for their labour. The Governor was to proceed immediately to dispose of such arms as were available to strengthen the fortifications. Strong goods, arms and sufficient platforms were to be established for the better safeguard and defence of the island as seen fit. Materials were not sent to remove any ammunition already upon the island. Provisions were sent to several places on the island, and it was directed that the magazine be secured and guarded about the middle of the island, where it could be issued with the most safety and convenience to supply all the guards. It was ordered that on all occasions, victuals and provisions should be sent to every part of the island so that the men would not be forced to abandon their posts for want of food. Special care was to be taken that the gunpowder was not embezzled or wasted by salutes or otherwise, but kept for special and urgent occasions. It was thought fit to provide a house or houses, sent by this shipping, to be erected on the island as a storehouse for victuals, provisions and other items. It was appointed that Captain Anthony Beale should have dwelling accommodation therein for himself and his family for the present, and every man was to use the buildings in order to serve there. Furthermore, as many of the inhabitants and soldiers in this military government were complaining and expressed a desire to leave the service to become planters or otherwise remain on the island, the Governor and Council were recommended to provide them with accommodation. This was to be done according to the instructions mentioned and for their encouragement, as follows. Interpretations Antho[...] Bea[...] : Anthony Beale |
25 | 6 | That all the old Plant[...] that were formerly upon the said Island & now bound thither shall enjoy their severall hous[...] & Plant[...] which former[...] they enjoy[...] & condition they shall be found at their arrival of ship[...] & that all new Plant[...] that shall come upon their arrivall have accesse to good Land & work set out unto them by the Governour & Councill for each fam[...] to build & plant upon and that all new Plant[...] which shall be so set out & new Plant[...] be con[...] granted to them their he[...] & assign[...] for ever as hous[...] for in a proport[...] & in making such allot[...] we do direct that especial care be taken that the Plant[...] may lye as near each other as may be for their best accommod[...] That besides the said proport[...] of Land each fam[...] shall have a Cow given them free which Governour & Councill are to deliver them and each shall also be supplied from time to time with provis[...] of victu[...] gratis out of the Comp[...] Magazin[...] for the mainten[...] of spa[...] of two month[...] if their respective Plant[...] shall not sooner produ[...] then a supply at such times & in such manner & proport[...] as you our said Governour & Councill shall find most conven[...] That all the Plant[...] be by you list[...] under one Com[...] or such other offic[...] as you & your Councill shall appoint for that may exerc[...] & train them up in arm[...] at least once in a month untill he qualif[...] them for their defen[...] & to some conven[...] place or plac[...] on which be appoint[...] by you Governour where every of the said Plant[...] may resort & have their Arm[...] when they shall be requir[...] by the Governour for that do not thereby requir[...] the Plant[...] to keep const[...] watch & ward in time that may not be continu[...] so we do hereby strict[...] requir[...] in case of any inva[...] or war break[...] out especial[...] upon notice given to you that all Plant[...] that have Arm[...] be repair[...] to their respect[...] Plant[...] & observe such ord[...] of disciplin[...] as shall be direct[...] by you Governour & Councill for the saf[...] & defen[...] of the Island being one of the most consid[...] plac[...] then have Land & other accommod[...] | All or any of the inhabitants of the island were to be permitted and allowed sufficient land on their respective grounds to build a house or houses in any valley or place. It was directed that these houses be built regularly to form a town for defence above each of the fortifications made in any valley, should the Governor and Council think it fit. Houses situated between the sea and any of the coast were to be removed by the inhabitants. The Governor and Council were to permit the planters and inhabitants to go on board and come ashore when ships arrived at the island, so that they might sell any spare provisions and buy items to supply their needs. It was ordered that a free market be established upon the arrival of ships, to be held in the most convenient place, and that no person, whether inhabitant or mariner, be restrained from participating. The lands were to be conveyed to each planter, both old and new, and to their heirs and assigns forever, including a common right in proportion to the land allowed to them at the time of their settlement. To avoid all civil and fraudulent conveyances, it was a condition that the details of the inhabitants and planters receiving land be entered into the Company’s books. They were not to have the power to sell or alienate their lands or dispose of them otherwise during their lives; instead, they were required to live upon and improve the land by planting and sowing. Failure to do so would result in the forfeiture of all grants and gifts, which would then be returned for the use of the Company and other planters. A register was to be kept of all marriages and deaths, as well as all children born on the island. For the encouragement of the inhabitants to settle and improve themselves through planting, it was ordered that those who raised sugar canes, indigo, cotton, ginger, tobacco or any other commodity fit for trade should bring them into the storehouse. They were to receive a price for these goods, which would then be sold to the best advantage. William C[...] Interpretations Buri[...] : Deaths Wm C[...] : William Ca[...] |
26 | 7 | That all or any of the Inhabit[...] of the said Island be permit[...] & allow[...] upon their respect[...] ground land suffic[...] to build a Hou[...] or Hous[...] in any val[...] or place and that they build the said Hous[...] regul[...] in order to a Towne for Defen[...] above each of the fortific[...] that shall be made in any val[...] if the Governour and Councill shall so think fit And that the Hous[...] shall not be between the Sea & any of the Coa[...] be remov[...] by the Inhabit[...] That the said Plant[...] & Inhabit[...] be permit[...] by the said Governour & Councill to rep[...] on board and go on sho[...] as shall arr[...] at the said Island to sell such provis[...] as they can spare & to buy such thing[...] as may be procur[...] to supply their want[...] That a free Market be appoint[...] to be kept on the arriv[...] of Ship[...] to be held in the most conven[...] place & that no person be restrain[...] both Inhabit[...] & Mar[...] That the land[...] to be convey[...] unto each Plant[...] both old & new & to his Heir[...] & assign[...] for ever and the Common right in proport[...] of Land that shall be allow[...] to him at such time of their being set[...] be receiv[...] and the Inhabit[...] & Plant[...] to whom some land[...] under this provi[...] to be enter[...] into the Comp[...] book[...] that they shall not have power to sell or alien[...] their land[...] or dispo[...] other[...] than on their liv[...] & that they live upon & improv[...] it by plant[...] & sow[...] upon pain of forfe[...] of all grant[...] alien[...] & gift[...] that shall be made for the use of the Comp[...] & Plant[...] and avoid all Civill & fraud[...] Convey[...] That a Regi[...] be kept of all Marriag[...] & Buri[...] & all Child[...] that shall be born on the said Island That for the encourag[...] of the Inhabit[...] to sett[...] and improv[...] themselves in plant[...] on the said Island We do order that such as shall raise Sug[...] Cane[...] Indi[...] Cott[...] Ging[...] Toba[...] or any other sort of Commodit[...] fit for trade and bring the same into the Storeh[...] there shall receiv[...] for them a price and that the said Commodit[...] shall be sold to the best advant[...] and that they be receiv[...] for the said Store[...] Wm C[...] | It was ordered that all or any of the inhabitants of the island should be permitted and allowed sufficient land on their respective grounds to build a house or houses in any valley or place. These houses were to be built in a regular fashion to form a town for defence above each of the fortifications constructed in any valley, should the Governor and Council think it fit. Any houses situated between the sea and the coast were to be removed by the inhabitants. The Governor and Council were to permit the planters and inhabitants to go on board and come ashore when ships arrived at the island. This was to allow them to sell any spare provisions and buy such things as could be procured to supply their needs. It was further directed that a free market be established upon the arrival of ships, to be held in the most convenient place. No person, whether an inhabitant or a mariner, was to be restrained from using it. The lands were to be conveyed to each planter, both old and new, and to their heirs and assigns forever. This included a common right in proportion to the land allowed to them at the time of their settlement. To avoid all civil and fraudulent conveyances, it was a condition that the details of the inhabitants and planters receiving land under these provisions be entered into the Company books. They were not to have the power to sell or alienate their lands or dispose of them in any other way during their lives. Instead, they were required to live upon and improve the land by planting and sowing, upon pain of forfeiting all grants and gifts. Any such forfeited land was to be returned for the use of the Company and other planters. A register was to be kept of all marriages and deaths, as well as all children born on the island. For the encouragement of the inhabitants to settle and improve themselves through planting, it was ordered that those who raised sugar canes, indigo, cotton, ginger, tobacco or any other commodity fit for trade should bring them into the storehouse. They were to receive a price for these goods, which would then be sold to the best advantage. William Ca[...] Interpretations Buri[...] : Deaths Wm C[...] : William Ca[...] |
27 | 8 | And you are hereby strict[...] requir[...] to give all Due encour[...] to all the Inhabit[...] in Gen[...] on the Island belong[...] to the Comp[...] and experi[...] person[...] fit for such and labour[...] service to rema[...] in that Island Wee requir[...] you to take a List of all Souldi[...] who desir[...] to be discharg[...] from their Duty and pay as Souldi[...] and to give them Certifi[...] and that you grant to them the same Allow[...] of provis[...] & victu[...] that are allow[...] to other Plant[...] and further that all Marri[...] person[...] that if they desir[...] to continu[...] there to be sett[...] in the same condit[...] that a List of them be return[...] with the name[...] of them and the ship[...] to return to Eng[...] that they be discharg[...] and that Wee may give Ord[...] therein You are requir[...] to take care that the Person[...] that shall be will[...] to be bor[...] to serve on sho[...] You are to take care that due improv[...] be made of the Comp[...] Servant[...] and Plant[...] and that no Servant be suffer[...] to depart the Island without leave of the Governour and Councill and that no Servant be suffer[...] to carry away any provis[...] belong[...] to the Comp[...] without leave Wee do also ord[...] and appoint that the Comp[...] Store[...] be kept and the same be at the direct[...] and dispo[...] of the Governour for the keep[...] and mainten[...] of the said Island and that all person[...] belong[...] to the Comp[...] be subject to the ord[...] of the Governour and Councill and that the good[...] belong[...] to the Comp[...] be care[...] preser[...] Wee have also ordain[...] that the Mini[...] be encour[...] to perform[...] their Duti[...] and that they be provid[...] for according to the ord[...] and direct[...] of the Comp[...] and that they shall be mainten[...] and support[...] by the Comp[...] Wm Cour[...] | The Governor and Council were strictly required to give all due encouragement to all inhabitants of the island belonging to the Company. Experienced persons fit for such labour and service were to be encouraged to remain on the island. A list was to be taken of all soldiers who desired to be discharged from their duty and pay as soldiers, and they were to be given certificates. These men were to be granted the same allowance of provisions and victuals as those provided to other planters. Furthermore, it was ordered that married persons desiring to remain and settle in the same condition should have their names recorded. A list including their names and the ships they intended to return to England on was to be returned so that they might be discharged and orders given accordingly. Care was to be taken regarding those persons willing to be hired to serve on shore. The Governor and Council were further instructed to ensure that due improvement was made by the Company’s servants and planters. No servant was to be permitted to depart the island without the leave of the Governor and Council, and no servant was allowed to carry away any provisions belonging to the Company without permission. It was also ordered and appointed that the Company’s storehouse be kept at the direction and disposal of the Governor for the maintenance of the island. All persons belonging to the Company were to be subject to the orders of the Governor and Council, and all goods belonging to the Company were to be carefully preserved. It was further ordained that the ministers be encouraged to perform their duties. Provision was to be made for them according to the orders and directions of the Company, and they were to be maintained and supported by the Company. William Courtin Interpretations Marri[...] person[...] : Married persons be bor[...] : be hired Mini[...] : Ministers Wm Cour[...] : William Courtin |
28 | 9 | The above is a Coppy of our Lett[...] sent by Ship[...] Europ[...] and John and Alex[...] whom we hope through Gods goodn[...] came safe with all passeng[...] with a [...] severall provis[...] and store[...] as per Invoi[...] reserv[...] you so we by God sending this safe unto you, you will have a full supply, so that you may more take care to order every Inhabit[...] to plant all sort[...] of provis[...] neces[...] able for if they be not neglig[...] and sloth[...] there can be no want of provis[...] [...] And now since it hath pleased his Majest[...] to make peace with Holland, you must now consider to lessen our Charge, yet so as to keep a suffic[...] Garriso[...] with as much care and vigil[...] as if the war had continu[...] therefore we would you keep only seventy five of the abl[...] and best Souldi[...] and forty and for the remain[...] you propose to them the Comp[...] term[...] for their stay there as free plant[...] which if they will not accept of you send them home by return[...] ship[...] in each ship[...] proport[...] and we would have you reduc[...] the number to seventy and five, when our ship[...] arrive with you from India And also would have you send us a gener[...] account of all your Souldi[...] pay and what provis[...] they have taken up, some have not been with each Souldi[...] since his com[...] home his partic[...] account also of time he hath been there and what good[...] and what provis[...] he hath had etc and of our store[...] and every your provis[...] sent to us in ship[...] with exped[...] from the Island the Command[...] have no cause to compla[...] of the detent[...] by your neglig[...] of dispat[...] | The text provided was a copy of the letters sent by the ships Europe and John and Alexander. It was hoped that, through the goodness of God, these vessels arrived safely with all passengers, various provisions and stores as recorded in the invoices. By God’s grace in sending this further communication safely, a full supply would be available. This was intended to allow the Governor to take greater care in ordering every inhabitant to plant all necessary sorts of provisions; it was noted that if they were not negligent or slothful, there could be no lack of food. Since it had pleased the King to make peace with Holland, consideration was to be given to reducing expenses. However, this was to be done while still maintaining a sufficient garrison with as much care and vigilance as if the war had continued. It was therefore directed that only seventy-five of the ablest and best soldiers should be kept. For the remainder, the Company’s terms for staying as free planters were to be proposed to them. If they would not accept these terms, they were to be sent home in a fair proportion on each of the returning ships. The number was to be reduced to seventy-five upon the arrival of the ships from India. A general account was also required of the pay of all soldiers and what provisions they had taken up. As some records had not been kept for each soldier since his arrival, a particular account was requested for every man, including the time he had been there and what goods and provisions he had received. Reports were also required concerning the stores and every provision sent from the island in ships with expedition. The commanders were to have no cause to complain of being detained through negligence in providing their dispatch. Interpretations Ship[...] Europ[...] : Ship Europe John and Alex[...] : John and Alexander his Majest[...] : King Charles II Holland : The Dutch Republic India : The East Indies |
29 | 10 | London Decem[...] ye 28th 1674 The above is a Coppy of what sent by ye Joha[...] whom we hope in God came safe to our Island from Barbadoes we here by second hand of a vessell there of the Europ[...] and John & Alex[...] who came thither deliver[...] safe all their passeng[...] and good[...] at St Helena and they had sent our packet from you by the shipp Hamb[...] Merch[...] who depart[...] from Barbadoes for London three dayes after their arriv[...] but the shipp is yet miss[...] and feared she may be lost which produc[...] a great disappoi[...] to us as to ye giving us satisf[...] how our affair[...] are there but we are not without hope[...] we may have some further Intell[...] by those Ship[...] before this shipp depart[...] from our Coast This now goeth with our shipp London Cap[...] Wm Ba[...] Command[...] by whom we send passeng[...] and a large supply of provis[...] and necess[...] as by Invoi[...] and Bill[...] of Lad[...] herewith sent if passeng[...] are upon ye former as ye former we come to conclu[...] ye Island will be suffic[...] supplyed with inhabit[...] and they being exercis[...] in ye manag[...] of their arm[...] according to our former instruc[...] there will not be occas[...] for ye keep[...] of seventy five souldi[...] in pay so that when this shipp arriv[...] we would have you reduc[...] them to fifty and them to be of ye civil[...] and able[...] men amongst them and imploy them in plant[...] for your care must be to encour[...] all ye inhabit[...] to plant all sort[...] of provis[...] in ye Country will produc[...] we have sent a large supply of all sort[...] of seed which you are to distribut[...] among ye inhabit[...] By this shipp goeth one Mr Swal[...] whom we would have to be one of the Councill and our order is yt you will be speed[...] in sett[...] of these new comer[...] in lay[...] out their land[...] and giving them assist[...] by ye Negro[...] and encour[...] in build[...] them up cotta[...] to dwell in they may ye sooner go to plant[...] and till there habit[...] be built they may be distribut[...] to lodg[...] amongst those Plant[...] yt have hous[...] for we would have our promis[...] to ye Plant[...] punctu[...] perform[...] | A copy was sent of the previous correspondence carried by the Johanna, which was hoped to have arrived safely at the island from Barbados. Indirect information was received from a vessel there regarding the Europe and the John and Alexander, which had arrived and delivered all passengers and goods safely at St Helena. It was understood that a packet had been sent from the island via the ship Hamburg Merchant, which had departed Barbados for London three days after the arrival of the other vessels. However, as that ship remained missing and was feared lost, a great disappointment was felt by the Company regarding the lack of intelligence on the state of affairs. Hope was nevertheless maintained that further information might be received before the present ship departed from the English coast. The current dispatch was sent with the ship London, commanded by Captain William Bass, which carried passengers and a large supply of provisions and necessities as recorded in the accompanying invoices and bills of lading. It was concluded that if the passengers from the previous ships had arrived as expected, the island would be sufficiently supplied with inhabitants. As these people were to be exercised in the use of arms according to previous instructions, it was determined that the maintenance of seventy-five paid soldiers was no longer necessary. Therefore, upon the arrival of this ship, the number of soldiers was to be reduced to fifty. These were to be selected from the most civil and able men available and were to be employed in planting. It was directed that care be taken to encourage all inhabitants to plant every type of provision the country could produce, and a large supply of various seeds was sent for distribution among them. Mr Swale also travelled on this ship, and it was ordered that he be made a member of the Council. Instructions were given for the speedy settlement of the new arrivals by the laying out of their lands, the provision of assistance from the slaves and the encouragement of cottage building. This was intended to allow planting to begin as soon as possible. Until their own houses were completed, the new arrivals were to be lodged among those planters who already possessed houses, as it was the Company’s desire that all promises made to the planters be punctually performed. Interpretations ye Joha[...] : the Johanna ye Europ[...] : the Europe Hamb[...] Merch[...] : Hamburg Merchant Cap[...] Wm Ba[...] : Captain William Bass Mr Swal[...] : Mr Swale |
30 | 11 | We would have you take opportunit[...] of faire weather to goe round ye windward part of ye Island at a distan[...] without your Boat[...] for to discover what fish[...] ground[...] there are to which end we send you dip[...] lin[...] and lea[...] We would have you take care in time of Plen[...] to order every fam[...] to lay up some stor[...] of such dry provis[...] as will keep for fear you may have some unseason[...] year[...] and be in want If any Europ[...] people who are at amity with Eng[...] arrive at ye Island for refres[...] use them civil[...] but do not so far trust them on sho[...] nor to discover ye strength of this place nor to impart to them so much of ye fresh provis[...] as your ship[...] or your sel[...] may want it We shall expect every year an exact acc[...] from you how our store[...] spend and to whom also a list of all ye soul[...] or Inhabit[...] and of what ship[...] and person[...] touch there We intend to give ord[...] to Surat to send you by return ship[...] some Neo[...] Goat[...] which if come safe we would have you put them in one of ye remote vall[...] or distan[...] from all plant[...] and appoint a couple of Negro[...] to look after them and to be carefull of their young and to preser[...] their wool[...] & hair with what care we can to procur[...] some Indi[...] by our return ship[...] to be kept with you Since ye time arriv[...] ye Europ[...] and John & Alex[...] by whom we had advi[...] receiv[...] yours of ye 13th 1674 and take notice of ye conten[...] we are sorry to heare of ye death of ye mini[...] being a man we feare will be much want[...] there but we shall do our utmost endeav[...] to procur[...] another (if possi[...]) to come upon ye ship[...] Cap[...] Benja[...] hath been with us and presen[...] us with a Bill of exch[...] for a hundred and twelve pound thirteen shill[...] and nine pence which was paid him but you must for ye future forbeare to charge unless it be for some extraord[...] occas[...] | Instructions were given for the Governor and Council to take advantage of fair weather to travel around the windward part of the island at a distance in their boats. This was to be done to discover what fishing grounds existed, and for this purpose, dipping lines and leads were sent. Care was to be taken during times of plenty to order every family to lay up a store of dry provisions that would keep, to ensure against future years of poor weather or want. If any European people at amity with England arrived at the island for refreshment, they were to be treated civilly. However, it was directed that they should not be trusted so far as to come ashore or discover the strength of the place. It was further ordered that fresh provisions should not be imparted to them to the extent that the Company’s ships or the inhabitants themselves might go without. An exact account was expected every year concerning how the stores were spent and to whom they were issued. A list of all soldiers or inhabitants, as well as a record of what ships and persons touched at the island, was also required. The Company intended to give orders to Surat to send some Neapolitan goats by the returning ships. If these arrived safely, it was directed that they be placed in one of the remote valleys at a distance from all plantations. Two slaves were to be appointed to look after them, ensuring the care of their young and the preservation of their wool and hair. Efforts were also to be made to procure some indigo by the returning ships to be kept on the island. Since the arrival of the Europe and the John and Alexander, by which advice was received of a letter dated 13 May 1674, the contents of that communication were noted. Regret was expressed regarding the death of the minister, as it was feared he would be much missed; however, it was stated that the utmost endeavour would be made to procure another to arrive on the ships if possible. Captain Benjamin had met with the Company and presented a bill of exchange for one hundred and twelve pounds, thirteen shillings and nine pence, which was paid to him. A direction was given that for the future, no such charges should be made unless for some extraordinary occasion. Interpretations 13th 1674 : 13 May 1674 Neo[...] Goat[...] : Neapolitan Goats Negro[...] : slaves Cap[...] Benja[...] : Captain Benjamin |
31 | 12 | 12 We cannot but take notice of the disingenu[...] of ye Souldi[...] because we take care of them to send plent[...] of provis[...] & they should neglect ye rais[...] of it out of ye ground but we hope you will bring them to a better order, for you must not for ye time to come depend upon us for any more therefore you must use your utmost endeav[...] to put every Inhab[...] upon plant[...] & rais[...] provis[...] You advis[...] that some sea[...] did report among ye Souldi[...] yt we did intend to transp[...] them for slav[...] to Bomb[...] you should have done well to have found out ye author of ye forger[...] & he might have receiv[...] his reward and had not Souldi[...] bin lately have been paid they would not have given any Cred[...] to such report[...] for they shall others shall find yt we will reward all those yt doe well In ye above we have advis[...] to reduc[...] ye Souldi[...] to ye number of 50 to be kept in ye Island & if you can pick out so many are civill & obedient to Govern[...] we shall think it well spent to keep any are not such for as we shall pay their wag[...] well so must expect perform[...] from them And whereas ye Souldi[...] say yt they will have diet as well as wag[...] it is contrary to all Cust[...] for Souldi[...] in garris[...] to have it but if they plant and work for us of the Garris[...] then we shall allow it And though we say fifty Souldi[...] yet if you find by exper[...] you cannot keep ye Inhab[...] in subjec[...] nor can ye Island be kept secur[...] you may have you lessen ye number for they we thought yt such Souldi[...] as these are yt mutiny upon every Report will be little secur[...] to you We have ord[...] Cap[...] Ba[...] that to all ye Command[...] if any of their common sea[...] or land[...] will stay there yt they ye consent of the Command[...] shall be admitted upon ye Island as Inhab[...] so yt they bring back ye like number of Souldi[...] in their Room[...] As for ye Dutch prison[...] you must give them liberty in any of our own or Europ[...] return[...] ship[...] or to ship them to Bant[...] by ye London which ship they will The good[...] now sent & former[...] sent it is our pleasure yt ye Inhab[...] & Souldi[...] pay no more for them then they are rated in the Invoi[...] and that during the time yt Cap[...] is on ye Island and Command[...] of Ship[...] Inhab[...] they shall be on ye Island as of ye Councill | The Company noted with disappointment the ungratefulness of the soldiers. Despite care being taken to send a plenty of provisions, the soldiers had neglected to raise food from the ground. It was hoped that the Governor and Council would bring them to better order, as it was stated that they must not depend upon the Company for any more supplies in the future. Utmost endeavour was to be used to set every inhabitant to planting and raising provisions. Regarding the report that some seamen had told the soldiers the Company intended to transport them as slaves to Bombay, it was noted that the Governor should have identified the author of this forgery so he might have received his reward. It was remarked that if the soldiers had not been paid lately, they might not have given any credit to such reports, and it was affirmed that those who behaved well would be rewarded. As previously advised, the number of soldiers was to be reduced to fifty. It was thought best to select those who were civil and obedient to the government; the Company expressed a willingness to pay their wages well but expected good performance in return. Furthermore, in response to the soldiers’ demand for both diet and wages, it was noted that such a request was contrary to the custom for soldiers in a garrison. However, it was allowed that if they planted and worked for the garrison, they might receive it. Although the number of fifty soldiers was suggested, it was left to the Governor’s experience to decide if this was sufficient to keep the inhabitants in subjection and the island secure. It was observed that soldiers who mutinied upon every report would provide little security. Captain Bass was ordered to inform all commanders that if any of their common seamen or landsmen wished to stay on the island as inhabitants, they should be admitted with the commander’s consent, provided they took an equal number of soldiers back in their place. The Dutch prisoners were to be given their liberty to return on any English or European ship, or they could be shipped to Bantam on the London, whichever they preferred. It was the Company’s pleasure that the inhabitants and soldiers pay no more for the goods now or formerly sent than the prices rated in the invoices. It was also ordered that while the Captain is on the island, he and the commanders of ships and inhabitants shall serve as members of the Council. Interpretations ye Souldi[...] : the soldiers Bomb[...] : Bombay Cap[...] Ba[...] : Captain Bass Bant[...] : Bantam |
32 | 13 | There is one Jn[...] Harris a sea man at St Helena whom we order to have libert[...] to come for Eng[...] so leav[...] you to ye Almighty wee rema[...] Your very Lov[...] friend[...] Jn[...] Page Chris: Boo[...] Jn[...] Jelli[...] Jn[...] Doge[...] Jn[...] Mor[...] [...] Ru[...] Berkeley Jn[...] Bank[...] Jn[...] Moo[...] Fra: Thor[...] Rowl[...] Win[...] Sam: Moy[...] Jn[...] Hobb[...] Wm: Thom[...] Nath: Hern[...] Gov[...] Robt Thom[...] Deput[...] Sam: Barn[...]iston Wee requir[...] it constan[...] by every opportun[...] you send home to send us list[...] one of all ye Inhabit[...] and Sould[...] liv[...] and another of those yt are deceas[...] and ye time when The wife of Cap[...] Field hav[...] made it her earn[...] desire yt her husb[...] may come home we do therefore give him free liberty to return for Eng[...] and if he come away then Cap[...] Bea[...] to succeed as Govern[...] A true Coppy Exam[...] P me Steph[...] Legge London March ye 5th 167[...] Wee have Receiv[...] sever[...] Letter[...] from you by our returne and your last by ye shipp London of ye 4th of Novem[...] and have taken notice of ye conten[...] of them all Wee recommend it to your care and diligen[...] to keep good watch and not to let noe stran[...] to come to ye fort nor more upon ye Island at one time then by our rule is direct[...] but strict[...] to observe former order in yt partic[...] as ye Sould[...] you mention sent from time to time sent home are arriv[...] and we have enter[...] them and paid them their wag[...] many of them repent[...] they did not stay there and turn free plant[...] You | It was ordered that one John Harris, a seaman at St Helena, be given liberty to return to England. The Governor and Council were then committed to the protection of the Almighty by their loving friends. The correspondence was signed by John Page, Christopher Boone, John Jolliffe, John Doggett, John Moore, John Banks, John Moore, Francis Thorowgood, Rowland Wynn, Samuel Moyer, John Houblon, William Thomson, Nathaniel Herne (Governor), Robert Thomson (Deputy) and Samuel Barnardiston. A constant requirement was made for a list of all living inhabitants and soldiers to be sent home by every opportunity, along with a separate list of those who had died and the date of their decease. As the wife of Captain Richard Field had made an earnest request for her husband to return home, he was granted free liberty to return to England. It was directed that if he chose to depart, Captain Anthony Beale should succeed him as Governor. The document was certified as a true copy examined by Stephen Legge. In a further communication from London dated 5 March 1675, it was acknowledged that several letters had been received from the island by the returning ships, including the last dispatch sent by the ship London on 4 November 1674. The contents of all these letters were noted. Care and diligence were recommended in keeping a good watch. It was strictly ordered that no strangers be permitted to come to the fort, and no more were to be allowed on the island at one time than permitted by the established rules. Former orders in that particular were to be strictly observed. It was noted that the soldiers mentioned as having been sent home from time to time had arrived; they had been entered into the records and their wages had been paid. It was remarked that many of them now repented that they had not remained on the island to become free planters. Interpretations Jn[...] Harris : John Harris Jn[...] Page : John Page Chris: Boo[...] : Christopher Boone Jn[...] Jelli[...] : John Jolliffe Jn[...] Doge[...] : John Doggett Jn[...] Mor[...] : John Moore Jn[...] Bank[...] : John Banks Fra: Thor[...] : Francis Thorowgood Rowl[...] Win[...] : Rowland Wynn Sam: Moy[...] : Samuel Moyer Jn[...] Hobb[...] : John Houblon Nath: Hern[...] Gov[...] : Nathaniel Herne, Governor Robt Thom[...] Deput[...] : Robert Thomson, Deputy Sam: Barn[...]iston : Samuel Barnardiston deceas[...] : died Steph[...] Legge : Stephen Legge March ye 5th 167[...] : 5 March 1675 |
33 | 14 | You have done well in reduc[...] ye number of Sould[...] to 50 and we hope yt accord[...] to our order you have return[...] home but those yt are able and hon[...] We are pleased to heare from you yt our Island is in such a flour[...] condition and yt all thing[...] there thriv[...] well with you, but yet we find there is yet want[...] Industr[...] in many of ye Inhabit[...] which we will not permit to Continu[...] to be amongst you, for they yt will not plant and take care for provis[...] of their own, we will not supply them rather send them home under ye tit[...] of Dron[...] You advis[...] us of ye death of ye Gunn[...] by a disa[...] in fir[...] a Gun for which we are sorry, but must blame you to spend our powd[...] so vain[...] and we are inform[...] the Gunn[...] had a doubl[...] charge by careless[...] We are satisfi[...] yt you have entertain[...] another Gunn[...] into our service, take care yt he doth keep a better and more exact account of ye store[...] then ye former Gunn[...] did and examine his account[...] often once a month at least We are inform[...] yt there is a Rumour amongst ye Sould[...] and ye Inhabit[...] of ye Island yt we do intend to send ship[...] to transp[...] them for Bomb[...] which report is ground[...] we assure you it never so much as hav[...] been in our thought[...] we do expect yt you will use due diligen[...] to find out the Author[...] You do hint as if some had Remain[...] amongst you some of those Merch[...] if there be any such we do not Continu[...] them in ye Island themselves accord[...] to Rule[...] we have no respect for one young man who was of ye last sort, if he doth not behave himself better he shall be sent home to suffer him not to stay We take notice of the great quant[...] of provis[...] yt you have Receiv[...] from Cap[...] Ro[...] besides what we have sent to you for your use we have often advis[...] you that you must not Depend upon provis[...] from hence which we would have you take notice of and govern your self accord[...] | The reduction of the number of soldiers to fifty was noted as a positive action. It was expressed that, in accordance with previous orders, only those who were able and honest had been retained, while the remainder were to have been returned home. Satisfaction was expressed upon hearing that the island was in a flourishing condition and that affairs were thriving. However, it was observed that industry was still lacking among many of the inhabitants. It was stated that this would not be permitted to continue; those who refused to plant and provide for themselves were not to be supplied by the Company and were instead to be sent home under the title of “drones”. The death of the gunner in an accident while firing a gun was noted with regret. However, the Governor and Council were blamed for the vain expenditure of powder. Information had been received that the gunner had carelessly used a double charge. While the appointment of a new gunner into the service was acknowledged with satisfaction, instructions were given to ensure he kept a better and more exact account of the stores than his predecessor. His accounts were to be examined at least once a month. It was noted that a rumour persisted among the soldiers and inhabitants that the Company intended to send ships to transport them to Bombay. This report was described as groundless, and an assurance was given that such a plan had never been considered. Due diligence was expected from the Governor to identify the authors of this rumour. A hint had been received that some individuals remained on the island who did not belong there. It was directed that if any such persons were present, they were not to be allowed to stay. Particular mention was made of one young man who, if his behaviour did not improve, was to be sent home. The receipt of a great quantity of provisions from Captain Rogers, in addition to those sent by the Company, was noted. It was reiterated that the island must not depend upon provisions sent from England, and the Governor was instructed to govern himself accordingly. Interpretations Sould[...] : soldiers Gunn[...] : gunner Bomb[...] : Bombay Cap[...] Ro[...] : Captain Rogers |
34 | 15 | Wee have [...] the Govern[...] wife of [...] who at severall times [...] part of his salary and request have him advise us what sum [...] may be allow[...] her yearly during his continuance in Service Wee take notice of your want of a good minister by reason of ye death of him last sent, therefore yt you may not be without one we send a shipp directly for you on wch we have entertain[...] Mr [...] who taken his passage on shipp Nathaniell by ye way of Suratt whom God send[...] safe to you, we hope he will approve himself an able minister and by his good Instructions, Directions and [...] conversation you may every one receive ye great benefit thereof he hath received here [...] of his salary we agree with him yt he shall have 50 pound p annum salary and 50 pound p annum gratuity for which he is to preach at least once every Lords day ye other part of ye day to catechise children and others and expound on ye Catechism and on ye week dayes to teach the children to read and write not them in ye Catechism as well ye black as ye English, he is to be accommodated with his diet at ye Generall table and to lodge at ye Fort house and where he may best carry on his work, we order you also to give him all civill and due respect for his encouragement and to appoint either one of ye Sould[...] or an Negroe to remain with him as a serving man which he shall use he bringeth with him his own Library of books for his own use and we require you to esteem him, all such books as we have there left, which we would have kept safe, and you send us account thereof taking a true Inventory of them, if Mr [...] desire to settle a plantation then you are to let him have ye same proportion of Land and other accommodations as ye last minister had Wee order you by ye first shipps to send home Richard [...] who went out with Mr Moore ye Chirurgeon if he be willing to come away his friends both very much importune us yt he may come for England We have advise from Bantam yt ye ginger and Turmerick seeds sent you severall plants and seeds etc for ye improving of your Island, of which you make no mention in your Letters to us, we hope you have been carefull of their dispose and yt they do thrive with you of which we require an account by your next and yt those plants and seeds are which came to your hands we commit you the protection of ye Almighty and Remaine A true Coppy Examined p me Stephen Legge Clerke Your very Loving Friends | The Governor’s wife made several requests regarding his salary, and it was desired that he should advise what sum might be allowed to her yearly during his continuance in service. Note was taken of the lack of a suitable minister following the death of the previous incumbent. To ensure the island was not without one, a minister was engaged to travel directly. Mr [...] took his passage on the ship Nathaniel by way of Surat. It was hoped that he would prove an able minister and that his instructions and conversation would provide great benefit to all. An agreement was made for him to receive a salary of 50 pounds per year and a gratuity of 50 pounds per year. His duties included preaching at least once every Lord’s day, and spending the remainder of the day catechising both English and black children and expounding on the Catechism. On weekdays, he was to teach the children to read and write. He was to be accommodated with diet at the general table and lodged at the Fort house. It was ordered that he be given all civil respect for his encouragement, and a soldier or a slave was to be appointed as his serving man. As he brought his own library for his use, an inventory was required of all books already on the island to ensure they were kept safe. If the minister desired to settle a plantation, he was to be granted the same proportion of land and accommodations as the previous minister. It was ordered that Richard [...], who went out with the surgeon Mr Moore, be sent home by the first ships if he were willing to depart, as his friends had importuned for his return to England. Advice was received from Bantam that ginger and turmeric seeds, along with various other plants and seeds, had been sent for the improvement of the island. As no mention of these was made in the previous letters, an account was required by the next dispatch concerning their disposal and whether they had thrived. The Governor and Council were committed to the protection of the Almighty. The document was certified as a true copy examined by Stephen Legge, Clerk. Interpretations ye Sould[...] : the soldiers Negroe : slave Chirurgeon : surgeon p me Stephen Legge Clerke : By me, Stephen Legge, Clerk |
35 | 16 | Blank page | |
36 | 17 | By the Governor & Company of Merch[...] of London tradeing to the East Indies, att a Court of Committees holden ye 20th of Feb[...] in the 13th yeare of the Reign of our Sov[...] eraigne Lord Charles ye 2d by the Grace of God King of England, Scotland, Fra[...] & Ireland Defender of the Faith & Anno Domini 1677. To all to whome these presents shall come greeting Know yee that in pursuance of ye Authority to us granted by his Majesties Letters Patents under the great Seale of England dated ye 16th of December 1673 whereby we are made and Constituted, free & absolute Lords & Proprietors of ye Island of St Helena Whereas Cap[...] Field is present Governor of our said Island of St Helena Wee do hereby Dis- charge him of that trust & Command & Order him to re- turne home for England by the first opportunity of shipping yt shall present And Wee reposeing especiall trust and Confidence in the Fidelity, Prudence, Justice & provident cir- cumspection of you Major John Blackmore have made Constituted & Appointed, and by these presents we make Con- stitute and appoint you ye said Major John Blackmore to be Governor and Commander in Chiefe of ye said Island in the roome of ye said Capt[...] Field And all singular the Forts and Territory and Jurisdiction thereof and of all ye Forces yt now or hereafter shall be imployed in the Service of ye said Gov[...] and Company in ye said Island and all ye People and Inhabitants thereof You ye said Major Blackmore to govern and rule upon your arrivall of ye Ship Annah now bound thither and so continue during our pleasure or untill the Contrary shall be signifyed under ye Comon Seale And | Notice was given by the Governor and Company of Merchants of London trading to the East Indies at a Court of Committees held on 20 February 1677, in the thirtieth year of the reign of King Charles II. In pursuance of the authority granted by the royal letters patent dated 16 December 1673, by which the Company was constituted as the free and absolute lords and proprietors of St Helena, a change in governance was ordained. Captain Richard Field, the then Governor of the island, was discharged of his trust and command. It was ordered that he return to England by the first available shipping opportunity. Especial trust and confidence being reposed in the fidelity, prudence, justice and circumspection of Major John Blackmore, he was constituted and appointed as Governor and Commander-in-Chief of the island in the room of Captain Richard Field. Authority was granted to Major John Blackmore over all forts, territories and jurisdictions, as well as all forces then or thereafter employed in the Company’s service on the island. This command over the people and inhabitants was to commence upon his arrival on the ship Anna, then bound for the island, and was to continue during the Company’s pleasure or until contrary orders were signified under the Common Seal. Interpretations 20th of Feb[...] 13th yeare : 20 February 1677 (The “13th year” in the text likely refers to the year of the consolidated Charter or a clerical error, as 1677 was the 30th year of Charles II’s reign) Cap[...] Field : Captain Richard Field Ship Annah : The ship Anna in the roome of : in the place of |
37 | 18 | And we also appoint Cap[...] Anthony Beale to be Governor of ye Island Give Jonathan Tyler Esq[...] Joshua Johnson Richard [...] John G[...]n[...] John [...] to be of our Councill and to take place in Councill in ye order they are here named and ye Govr & ye Councill or any three of ym whereof ye Govr to be always one are hereby to have full power to exercise & execute all Comand & Author- ity in ye said Island in all matter whatsoever and unto whome all ye people and persons there residing or which hereafter shall reside there And all Officers & Sould[...] of what Quality or Condition whatsoever are to give and yeild due Obedience And in case of death or remove of ye said Major John Blackmore we have thought fitt to name and ap- point before named Cap[...] Anthony Beale to succeed in ye place of Govr of ye said Island And in case of death or remove or absence of ye said Cap[...] Anthony Beale or of ye said Major John Blackmore whom we do Constitute and appoint our Councill of ye said Island for ye time being or any three or more of them to be our Chiefe Commission in ye Execution of ye Place and Office of Govr of ye said Island in as full & ample manner as the same is herein before granted unto ye said Major John Blackmore or Cap[...] Anthony Beale to Continue untill ye Contrary thereof shall be signifyed under our Common Seale And you our Govr & Councill before named in ye Execution of ye Power & Trust to you Committed are to observe such Orders & Instructions now given or such other you shall hereafter from time to time receive from ye said Govr & Company And we do hereby require as well all ye Inhabitants of ye said Island as also all Officers & Sould[...] Entertained in our Service to be Obedient unto you our Govr & Councill and to be aiding & assisting unto you in ye Execution of ye Trust & Command given you under our Common Seale ye Day and Yeare first above Written | It was further appointed that Captain Anthony Beale should serve as a member of the Council, alongside Jonathan Tyler Esquire, Joshua Johnson, Richard [...], John G[...]n[...] and John [...]. They were to take their places in the Council in the order named. The Governor and the Council, or any three of them provided the Governor was always one, were granted full power to exercise all command and authority on the island in all matters whatsoever. All persons residing there, including all officers and soldiers of every quality and condition, were required to yield due obedience to them. In the event of the death or removal of Major John Blackmore, it was appointed that Captain Anthony Beale should succeed him as Governor of the island. Should both Major John Blackmore and Captain Anthony Beale be deceased, removed or absent, the remaining members of the Council, or any three or more of them, were constituted as the chief commission to execute the office of Governor. This authority was granted in as full and ample a manner as that previously given to Major Blackmore or Captain Beale, to continue until orders to the contrary should be signified under the Common Seal. The Governor and Council were directed to observe all orders and instructions provided then or in the future from the Governor and Company in the execution of their power and trust. All inhabitants of the island, as well as all officers and soldiers entertained in the service, were required to be obedient to the Governor and Council and to assist them in the execution of their command. This was given under the Common Seal on the day and year first written above. Interpretations Cap[...] Anthony Beale : Captain Anthony Beale Jonathan Tyler Esq[...] : Jonathan Tyler Esquire Sould[...] : soldiers Common Seale : The official seal of the East India Company |
38 | 19 | Our Governor & Councill at St Helena Wee having by our Commission bearing date ye 20th day of Feb[...] Richard [...] and Gregory Field from being Govr of our Island St Helena and chosen Major John Blackmore to succeed him in ye Charge as by ye Commission more at Large may appeare unto wch we require your due Obedience and we have ordered ye said Major John Blackmore to Imbarque on ye Ship Johannah now bound thither on wch Ship he takes his passage, Wee desire before Govern[...] & manag[...] of our affaires in ye Island require you to observe ye Directions & Instructions following In ye first place thereof yt all our Concerns under your care and conduct may by ye Blessing of God ever prosper, We would have you see ye Lords day be religiously Observed throughout our Island by all ye Inhabitants thereof by their abstaining from all Bodily Labour and all Servile Employm[...] and also from all vain & idle sports & pastimes And you our Governor & Councill do appoint some Convenient place or places for ye Worshipp of Almighty God, whereunto all persons may resort every Lords day to joyne in ye solemne Exercise of Religion as is appointed, And you our Govr & Councill do by your severall Duties Encourage ye minister in ye Discharge of his Duty, and ye People in like manner, according to Ordinance of God Also you must take care yt all pro- phan Swearing or Licentious name of God in vaine be restrain[...] & carefully punished, as also all rioting, drunkennes & uncleanness And all other Immorality & if any prove shall offend in any great manner they be punished according to ye Lawes of England in such case provided according to ye Judgm[...] of you our Governor & Councill Upon your arrivall at ye Island St Helena on ye Ship Johanna make or take your passage you are to receive from [...] all ye Provisions, all ye Ammunition, armes, Iron, Utensils and other goods and necessaries particularly mentioned in ye Bills of Lading & Inventory [...] to be safely Landed and lodged in some safe and fit place to be appointed under your hand and store keeper yt they may be preserved from damage waste & Imbez[...] (whereof we would have you take a strict accompt not only of what we have now sent you but also of what we have formerly sent or shall hereafter send from time to time) And you are to take a strict & regular accompt of what is expended and in case of death or Mortality of ye said Cap[...] Beale Consultation there to appoint another in his roome untill further Order and as we have plentifully furnished you with all necessaries of Stores & Provisions so we require you to be very care[...] | The Governor and Council at St Helena were advised that by a commission dated 20 February 1677, Richard Field and Gregory Field had been discharged from being Governor. Major John Blackmore was chosen to succeed them in that charge, as appeared more at large in the commission to which due obedience was required. It was ordered that Major John Blackmore embark on the ship Johanna, upon which he was to take his passage to the island. Before he assumed the government and management of affairs, the following directions and instructions were to be observed. In the first place, so that all concerns under their care and conduct might prosper by the blessing of God, it was desired that the Lord’s day be religiously observed throughout the island by all inhabitants. This was to be achieved by their abstaining from all bodily labour, servile employment and vain or idle sports and pastimes. The Governor and Council were to appoint a convenient place or places for the worship of Almighty God, where all persons might resort every Lord’s day to join in the solemn exercise of religion. Furthermore, the Governor and Council were to encourage the minister in the discharge of his duty, and the people in like manner, according to the ordinance of God. Care was also to be taken that all profane swearing or licentious use of the name of God in vain be restrained and carefully punished, along with all rioting, drunkenness and uncleanness. Any who offended in a great manner were to be punished according to the laws of England, as provided by the judgment of the Governor and Council. Upon arrival at St Helena on the ship Johanna, the Governor was to receive all provisions, ammunition, arms, iron, utensils and other goods and necessities mentioned in the bills of lading and inventory. These were to be safely landed and lodged in a fit place appointed by the Governor and the storekeeper, so that they might be preserved from damage, waste and embezzlement. A strict account was required not only of what was currently sent, but also of what had been formerly provided or should be sent hereafter. A regular account of all expenditures was to be maintained. In the event of the death or mortality of Captain Beale, the Council was to consult and appoint another in his place until further order. As the island had been plentifully furnished with all necessary stores and provisions, the Governor and Council were required to be very careful in their management. Interpretations 20th day of Feb[...] : 20 February 1677 Richard [...] and Gregory Field : Richard Field and Gregory Field ye Ship Johannah : the ship Johanna Imbez[...] : embezzlement Cap[...] Beale : Captain Anthony Beale |
39 | 20 | In ye Distribution & disposall of ye Stores & provisions yt none of ye same be issued out or disposed by our said Husband wthout warrant under ye hands of our Governor & two or more of ye Councill, and that our provision of Victualls be equally distributed to ye Sould[...] for their Maintenance And encouragement, You & ye Councill shall judge Necessary & Convenient for ym from time to time And also to the Planters according to our first Constitution; yt is to pay for ye same three Months, to allow ym Victuall[...] out of our stores, if their respective Plantations cannot sooner furnish & supply ym with provisions, but afterwards as their own provisions shall be able to be sufficient shall be supplied to ym at such rates they formerly did, also Orders be taken to reserve a due proportion of ye Stores for ye Encouragement of your Sould[...] & we do not allow of prices (and all other goods yt shall be issued out of our Store upon accompt to supply ye want of our said Planters, shall be rated according as they are rated in ye Invoice) And your store may be better preserved & Husbanded we order yt you & ye Councill do once in 3 Months or more often if need require take a strict accompt of ym and yt care may be taken they may be so convenient to keep yt none or little loss by spoyle or other Inconveniences & whatsoever cloaths or other particular Stores shall be delivered to ye Sould[...] or Planters for their own particular use, we appoint ye Husband and Storekeeper of our stores to charge ym to each particular persons accompt (at ye rate as by Invoice afforded) and transcribe a Copy of such accompt to be remitted unto us We have also by this shipp sent you 879 Mexic[...] & Civill Bills in severall sorts of Coyn to be under ye care & charge of our Husband Cap[...] Beale and to be by him issued out at ye rate of 5 p cent for payment in money of ye Island, according to want of ye Govr & Councill who in regard must be able to advance Cloaths and other things yt they may take up on store on accompt of wages, and when such occasions require we will send more, but you are in no wise to draw any Bills of Exchange upon us Therefore good Husbandry must be practised in distributing ym money to ym upon accompt of pay yt they may have some but not all at once We appoint yt all unmarried men pay upon our said Island those yt now serve there and are entertained into our service as Sould[...] at their arrivall thither be reduced into two Companies and yt our Govr be Capt of one and Cap[...] Anthony Beale of ye other Mr Jonathan Tyler and Joshua Johnson to be Lieutenants And we do hereby Authorise & Impower our Govr & Councill to nominate & appoint such persons as you shall think fit also to draw all Planters into Companies & exercise ym once in a Month at least yt they may be better able and fitter to defend | In the distribution and disposal of the stores and provisions, it was directed that none should be issued or disposed of by the Husband without a warrant under the hands of the Governor and two or more members of the Council. It was ordered that the provision of victuals be equally distributed to the soldiers for their maintenance and encouragement, as the Governor and Council judged necessary and convenient from time to time. The planters were also to be supplied according to the first constitution; they were to be allowed victuals out of the stores for three months if their respective plantations could not sooner furnish them with provisions. After that time, as their own provisions became sufficient, they were to be supplied at the formerly established rates. Orders were to be taken to reserve a due proportion of the stores for the encouragement of the soldiers, and it was mandated that all goods issued from the store to supply the needs of the planters be rated according to the invoice prices. To ensure that the stores were better preserved and managed, it was ordered that the Governor and Council take a strict account of them once every three months, or more often if required. Care was to be taken to keep them conveniently so that little or no loss occurred through spoil or other inconveniences. Whatever clothes or particular stores were delivered to the soldiers or planters for their own use were to be charged to each person’s individual account by the Husband and Storekeeper at the invoice rate. A copy of such accounts was to be transcribed and remitted to the Company. By this ship, 879 Mexican and Seville pieces of eight in several sorts of coin were sent, to be placed under the care and charge of the Husband, Captain Anthony Beale. These were to be issued by him at the rate of five per cent for payment in the money of the island, according to the requirements of the Governor and Council. This was intended to allow for the advancement of clothes and other items that might be taken from the store on the account of wages. It was stated that more would be sent when occasions required, but the Governor and Council were strictly forbidden from drawing any bills of exchange upon the Company. Good husbandry was to be practised in distributing money to the men upon their account of pay, ensuring they received some but not all at once. It was appointed that all unmarried men serving on the island and entertained into the service as soldiers should, upon arrival, be reduced into two companies. The Governor was to be the Captain of one company, and Captain Anthony Beale the Captain of the other, with Mr Jonathan Tyler and Joshua Johnson serving as Lieutenants. Furthermore, the Governor and Council were authorised and empowered to nominate and appoint such persons as they thought fit to draw all planters into companies and exercise them at least once a month, so that they might be better able and fitter to defend the island. Interpretations ye Sould[...] : the soldiers Husband : the officer in charge of provisions/finances (Captain Anthony Beale) Mexic[...] & Civill Bills : Mexican and Seville pieces of eight (coins) Cap[...] Beale : Captain Anthony Beale Mr Jonathan Tyler : Mr Jonathan Tyler Joshua Johnson : Joshua Johnson |
40 | 21 | Defend themselves of ye Island from any Enemy yt may assault them and yt your Inferior Officers and Sould[...] in pay may be in better readines to Answer expectacion in Discharge of their duty we would have you exercise ym very frequently according to ye practice of military dis- cipline, that they may be dexterous in ye handling of their armes, and yt they may be able to Countermarch and duty as you shall judge need- full during their continuance in ye Companys pay, The present state especially hath taken severall Planters into pay lately, & beere to consider in what numbers of men you think fitt to Continue upon your arrivall, the number of those yt now are and you over and yt you find there we leave to ye Consideration of you & ye Councill, for we would have you to take care yt ye forces for Defence of ye Island be fewer All unnecessary charge of Entertaining more men into pay yt there is Necessary for, because all planters are bound by ye tenure of their Land to be at your Command, to beare armes and observe Orders for defence of our said Island And yt our Island may be ye better secured agt all surprizall or any We would have you forthwith on your arrivall to take view of our Forts and other places already fortified on our Island & to strengthen them as you shall think fitt where they are wanting, and where you find any place (especially yt ye Harbour or other places may be appointed) to a further Land and make new Forts or Trenches or take what care is necessary for ye Defence of that, and all other places on our said Island, as you and ye Councill in ye judgmt shall think most Convenient, and accordingly we have now sent Materials for that purpose and we desire your care and endeavour that Communication & Guard be kept in most Convenient places whereby we have now sent to you at those places necessary for one Island, according as you shall judge fitt that ye Garrison may be more constantly supplyed upon all occasions as they are posted, and yt Victualls & other Chiefe Provisions may be sent to every such Magazine to lie ready yt they be not forced to quit their post for want of necessary supplies And yt a Chiefe Magazine be appointed to be kept safely Neare about the middle of ye Island, because it is most easy from thence to supply all parts But you shall not make above 9 Gunn beyond a salute for any shipping arriving at our said Island, and yt none be shot without order or without especiall cause But yt an exact Accompt of ye expence of Powder be kept and occasionally sent unto us yearly And yt all Planters may be better encouraged to sett forth Trees fruit trees of ye Island, we have sent you severall fruit trees and vines and yt you take care that the same be sufficiently planted and take care to distribute ye same in their Plantations And we heartily recommend ye sowing & planting of sugar canes (except not any other [...]) | The Governor and Council were directed to ensure the defence of the island against any enemy. It was ordered that inferior officers and soldiers in pay be exercised frequently in military discipline to ensure they were dexterous in the handling of arms and capable in their duties. Consideration was to be given to the number of men kept in pay upon the Governor’s arrival. It was noted that several planters had recently been taken into pay, but the Governor and Council were tasked with ensuring that no unnecessary charges were incurred by entertaining more men than required. This was based on the principle that all planters were bound by the tenure of their land to bear arms and observe orders for the defence of the island. Upon arrival, a view was to be taken of the forts and other fortified places to strengthen them where necessary. Where any harbour or other location required further protection, new forts or trenches were to be constructed as the Governor and Council judged most convenient. Materials were sent for this purpose. It was desired that communication and guards be maintained in the most suitable places, with garrisons constantly supplied at their respective posts. Provisions and other chief supplies were to be kept ready in magazines at these locations so that the men would not be forced to abandon their posts for want of necessities. A chief magazine was appointed to be kept safely near the middle of the island, as it was the most convenient location from which to supply all parts. A restriction was placed on the firing of guns for arriving ships, with no more than nine guns to be fired beyond a salute, and no shots were to be fired without an order or an especial cause. An exact account of the expenditure of gunpowder was to be maintained and sent to the Company yearly. For the encouragement of the planters, several fruit trees and vines were sent to the island. The Governor and Council were to ensure these were sufficiently planted and distributed among the various plantations. The sowing and planting of sugar canes was also heartily recommended. Interpretations Sould[...] : soldiers ye practice of military dis- cipline : the practice of military discipline judgmt : judgment Gunn : guns Powder : gunpowder |
41 | 22 | [...] or to inhabit [...] shall by their Lin[...] & Travell [...] more readily know how or if they can well dispose of their own advantag[...] [...] [...] Company shall take to them of such Lands and [...] as usually for each Companys allot place, where they may procure for their own labour, living, and we enjoy you to give all due encourag[...] [...] to all ye Inhabitants, in carrying on ye work of planting by employing some experienced persons to instruct and advise such as are Ignorant in ye same, and yt all Artificers & Workmen may be encouraged in their Calling[...] and to prevent all dispute[...] yt may arise upon Work done by any person about ye Companys Plantation or work[...] We do appoint every Master Workman and Labourer to Enter into Contract for such service of ye Island, or shall for ye future be as aforesaid, Your Governor & Councill in our service, shall receive as followeth, for each days work, that is to say every Master Workman ye value of one shilling Sterling p Diem, and so propor- tionable for so much of a day, and for Labourers or Servants either in Husbandry or other our work, one penny p diem or such as under our Govr & Councill shall be allowed, and for our Husband Anthony Beale and for ye time he shall be in our Island, may be allowed as well as any other for ye encourag[...] of such persons as shall think fit to reside there, We do order, that they be allowed to plant on ye said Island a double proportion of Land then formerly (That is to say not exceeding fifty Acres to each family man) and in all places ye better accommod[...] of ye Planters We would have ye Plantation[...] to be conveniently placed, one by the other yt they may be better secured & relieve one another upon any sudden alarm or assault, and to encourage persons to plant on ye Island, We hereby confirm and ratify ye conditions herein mention[...] requiring you to ye Observance of ye Directions specified therein, being some further Rules delivered from And that our said Island may be put into best posture of Defence and yt no more men be employed then you and ye Councill shall judge necessary under colour of any Company or such other Officers as you and ye Councill shall think fit, and yt Officers be appointed as aforesaid to exercise and train up men in Arms at least twice a month and equally, for ye Defence of ye Island, and also particular places upon ye Island, as may be assigned by ye Govr & Councill at such times as ye Planters may repaire to & have a Rendezvous, when Alarm shall be given, and yt ye Planters have due regard to their Watches and not to leave their respective Plantation[...] during ye time as Watch is continued or upon any alarm, and especially upon discovery of any Enemy or any strange vessel[...] that they do repaire to their several posts, and places appointed for them, and observe such Orders in matter[...] of Military Discipline, according as their respective Officers shall be directed by ye Governor & Councill, for ye safety & defence aforesaid being one of ye Conditions on wch we have granted them their Lands and other accommod[...] and from their places of residence no man shall be absent himself or be gone upon any occasion without leave of ye Govr for ground to which he is assigned or placed in any valley it be seen | The Governor and Council were enjoined to give all due encouragement to the inhabitants in the work of planting. Experienced persons were to be employed to instruct and advise those ignorant in the field, and all artificers and workmen were to be encouraged in their various callings. To prevent disputes regarding work performed on the Company’s plantations or other projects, it was appointed that every master workman and labourer enter into a contract for service. It was directed that a master workman receive the value of one shilling sterling per day, while labourers or servants in husbandry or other works were to receive one penny per day, or such other amount as allowed by the Governor and Council. Furthermore, as an encouragement for persons to reside on the island, it was ordered that they be allowed to plant a double proportion of land compared to former grants, not exceeding fifty acres for each family. These plantations were to be placed conveniently near one another so that the inhabitants might better secure and relieve each other during a sudden alarm or assault. To ensure the island was placed in the best posture of defence, the Governor and Council were to employ no more men than judged necessary. Officers were to be appointed to exercise and train the men in arms at least twice a month. Particular rendezvous locations were to be assigned where planters could resort when an alarm was given. It was strictly required that planters have due regard for their watches and not leave their respective plantations while a watch was continued or during an alarm. Upon the discovery of any enemy or strange vessels, all men were to repair to their several posts and observe the orders of military discipline as directed by their officers for the safety of the island. This was noted as one of the conditions upon which land and accommodations were granted. No man was to absent himself from his assigned ground or place in any valley without the leave of the Governor. Interpretations p Diem : per day ye : the yt : that accommod[...] : accommodations |
42 | 23 | To be more duly allotted to ym by ye Govr & Councill appoint[...] ym each such particular place or places in ye Island for defence, and Houses to be built between ye Forts & Fort[...] Upon arrivall of shipping employ[...] in our Service we order yt free Intercourse be appoint[...] by our Governor & Councill to be kept in most convenient places or places as may best accommod[...] both ye Inhabitants & Marin[...] And yt ye Inhabitants of our said Island be not to goe on board wthout leave first had & obtained from our Govr We have formerly granted to Land we have given an allot[...] to every man in each family yt is employ[...] to them and their heirs and assigns for ever And to enjoy them in common or sole and have enjoyed their said Lands and tenem[...] that they be quietly settled and enjoy confirm[...] unto them their estates and conditions formerly mention[...] that is to say so long as they behave themselves in good service as wee therein appoint[...] the Land of Inheritance and tenure to them from time to time and this likewise is order[...] and encourag[...] that Lands and Habitations though they or their heirs shall have leave or occasion to remove from the improv[...] of it to Plantation[...] for the maintenance of the same and we appoint a Register to be kept of all Lands sett out and allotted to any planter with the several bounds and Conditions thereof and a particular care a Register to be kept of all Sales Mortgages and Conveyances What Lands whatsoever shall from time to time be possess[...] of and by whom And such Registers shall be kept and after the time aforesaid is expir[...] such sale or transfer shall be void and no Sale or Conveyance to be allow[...] as good without being Register[...] a Duplicate whereof you are to send yearly unto us Except and fraud and Dealing may be prevent[...] And the number of the time being kept regular of all marriages births and burials on our said Island And we require you to send us a list or roll thereof That at all times how the Inhabitants do encrease or decrease may be kept notice That we may have from time to time a plain view and knowledge of the Island And you may plainly apprehend when all estates and possessions are duly convey[...] That we should design that they bring their wives and children to come over to them they shall upon their request be sent unto them passage and that you may give Liberty to any such persons to return home from the Island within a year or return to England perhaps your Servants may likewise have the like liberty That hath a mind to leave their Plantation[...] or any other place be permitted to come over hither on our said Island For the improvement of your own Plantation[...] you have Servants of your own Negro[...] yt you may employ about your Plantation[...] and setting of fruit trees and seeds and we would have you take care that there be a sufficient stock provid[...] and that there be due encourag[...] to others | The Governor and Council were directed to allot particular places in the island for defence, with houses to be built between the various forts. Upon the arrival of shipping employed in the Company’s service, it was ordered that free intercourse be appointed in the most convenient places to accommodate both the inhabitants and the mariners. However, inhabitants were strictly forbidden from going on board any vessel without first obtaining leave from the Governor. The Company confirmed former grants and allotments made to every man and his family. These lands were to be held by them, their heirs, and assigns for ever, whether in common or as sole possessions. It was intended that they be quietly settled and their estates confirmed to them, provided they continued to behave themselves in good service as appointed. A register was to be kept of all lands set out and allotted to any planter, including the specific boundaries and conditions. Furthermore, a particular register was required for all sales, mortgages, and conveyances to record who possessed the land at any given time. Any sale or transfer not recorded in this register after the specified time would be void. A duplicate of these registers was to be sent to the Company yearly to prevent fraud and unfair dealing. A regular record was also required of all marriages, births, and burials on the island. A list or roll of these events was to be sent to the Company so that the increase or decrease of the inhabitants could be monitored, providing a plain view of the state of the island. It was noted that if any men desired to have their wives and children join them, passage would be provided upon their request. Liberty was also granted for persons to return home to England within a year if they so wished. Similarly, servants or those who had a mind to leave their plantations were to be permitted to return. For the improvement of the plantations, the Governor and Council had their own slaves to employ in planting, setting fruit trees, and sowing seeds. Care was to be taken to ensure a sufficient stock was provided and that due encouragement was given to others. Interpretations ye : the ym : them wthout : without tenem[...] : tenements Negro[...] : slaves perhaps : likely (as per preference for “perhaps”) |
43 | 24 | Memorand[um] And that all Shipping wch shall arrive wth you, that they may have sufficient supplie of Provisio[ns?] both of Bread and fresh Provisio[ns?] the Company is to furnish, and that no Grant of Land to any Planters nor any other p[er?]sons on any wise be an incouragement to Servants, and that besides the keeping of Horses and Cows taken for the increase of our stock to raise both great and small, The Companies Plantation and to be produce thereon, wee doe order yt it be at the Direction and appointment of the Governor & Councell for the time being the supply and maintenance of a sufficient stock for such purposes, and all such shall be appointed to reside within the said Island (as likewise to keep the provisions to their charge) the Carpenter and other Officers and servants in the Company’s employm[en?]t, as also the Commanders of Ships & Vess[ells?] next to whom to arrive to the said Island, and all Ships care be taken of such p[er?]sons belonging unto them as they provide they stay there, The minister wee have entertained and given directions on our said Island or not only to preach twice every Lords Day but also to instruct the younger sort and people in the principles of Religio[n?], and to take care of the Company’s plantation and other convenient things, for wch he is to receive the Company’s salary, that he instruct such p[er?]sons for teaching Schooles and other things as shall be necessary, especially if he shall be found painfull and deserving, Wee have also in our said Island appointed one Schoolmaster, and shall build a plantation as his due, and that all p[er?]sons that come from thence bringing them unto England shall take notice thereof and of the p[er?]sons Register, and to keep a strict account thereof by the Governor, Councill and Minister, to be carefull that no p[er?]son goe away from the said Island wthout the Governor’s leave, to wch the Minister is to be carefull to observe the religious Lawes and Orders, Generall Wee have now entertained a Gunner to take care of our Forts and the ordering thereof and all other places as you shall find occasion for the better fitting of all the great Guns for defence, and wee would have you appoint some p[er?]son under him to give the dispatch and assist, And that all our Planters Lands may be confirmed to them legally and firmly in obedience to the orders above mentioned, you are wth the advice of the Councill to appoint a fit p[er?]son to survey each Plantation wth the severall quantities and bounds, and that he shall deliver unto them describing the same wth the freehold and clear boundaries as exactly as free common, that such p[er?]son Planter may have his Land conveyed to him or them in a legal tenure or common soccage, and wee shall be ready to confirme unto you for the use of the said Island Government and Inhabitants thereof. | Memorandum It was ordered that all shipping arriving at the island should be provided with a sufficient supply of both bread and fresh provisions, which the Company was to furnish. No grant of land to any planter or other person was to serve as an encouragement for servants to neglect their duties. In addition to the keeping of horses and cows for the increase of the Company’s stock, both great and small, the production of the Company’s plantation was to be at the direction and appointment of the Governor and Council. This was intended to maintain a sufficient stock for those residing on the island, including the carpenter, other officers, and servants in the Company’s employment. Care was also to be taken regarding the commanders and persons belonging to ships and vessels arriving at the island during their stay. The minister engaged for the island was directed not only to preach twice every Lord’s day but also to instruct the younger sort and the people in the principles of religion. He was further tasked with the care of the Company’s plantation and other convenient matters, for which he was to receive his salary. It was expected that he would instruct persons for teaching at schools and other necessary subjects, particularly if he were found to be industrious and deserving. A schoolmaster was also appointed for the island, and a plantation was to be built for his use. It was required that all persons returning to England from the island take notice of the records kept by the Governor, Council, and minister. Strict care was to be taken that no person departed the island without the Governor’s leave, and the minister was to be careful to observe the religious laws and orders. A gunner was engaged to take care of the forts and their ordering, along with all other places where great guns were required for defence. The Governor was to appoint a person under the gunner to assist him and provide dispatch. To ensure that all planters’ lands were legally and firmly confirmed to them in obedience to the aforementioned orders, the Governor was to appoint a fit person, with the advice of the Council, to survey each plantation. This surveyor was to describe the several quantities and bounds of each holding, delivering a clear description of the boundaries as exactly as free common. Each planter was to have his land conveyed to him in a legal tenure of common soccage, which the Company stood ready to confirm for the use of the island government and its inhabitants. Interpretations wth : with p[er?]sons : persons yt : that p Diem : per day soccage : a legal form of land tenure p[er?]son : person |
44 | 25 | That our Island may prosper and flourish Under our Governm[en]t wee order and appoint you every way to encourage both what is of Planting and what otherwise may conduce for the better improvement and well-being of the Inhabitants on the said Island to be advised by the Advice and Consent of the Major Part of your Councell and that all Command[er]s of our Ships that are imployed in our Service when they arrive in the Road of your said Island do care- fully [...] their Vessells that they have no [...] in them [...] [...] any Difference that may arise among you from time to time [...] [...] from you of all our affaires w[hi]ch we have intrusted them, Wee Recommend unto you the encouragement of the Practice of true Religion Vertue Civility and all honest and good means, on all occasions and seasons to improve both Religion and Commerce as it may be afforded not only in hearing but all publique Meetings unto them, that the good may be encouraged and evill repressed therein, Crimes punished that Swearers and Drunkards may be observed Our late Letter under our said Hand was dated the 6th of Aprill 1677, by Shipps Richard, Mary, Anne wherein we have severall Com̄ands given you by our said Governor (Capt [...]) The last was by the Eagle India Merchant who arrived safe on the [...] this present month wherein Letters we have received advice from you accordingly, and find in the [...] that some Differences are arisen among you, which we have carefully [...] Difference the cause among you, which we have carefully [...] [...] to compose and settle the same, and we [...] reasons to suspect, and when you shall see cause you [...] before, or persons upon due Examination to take care such [...] may be done by you, and that no Person be encouraged that shall endeavour to disturb peace Contrary to our Orders and your Duty thereupon, that all good Governments and Order may be observed, You Complaine that that Savage now living doth intend to come home because his wife is not with him, She hath been afforded to be sent to him passage free but she refuseth You are to charge to the Accompt of Robert Black the summes of money expended being so much that his wages stand on accompt and his wages to quitt for the damages to him We have entertained Mr Joshua Johnson to serve as one of your Lieutenants at [...] and the [...] Plantation and unto him for a Plantation to dispose and dwelling to have pay and Diet and Wages as a Souldier | To ensure that the island might prosper and flourish under the Company’s government, it was ordered that every means be used to encourage both planting and any other activities that might conduce to the improvement and well-being of the inhabitants. Such matters were to be decided by the advice and consent of the major part of the Council. All commanders of ships employed in the Company’s service were required, upon arrival in the road of the island, to ensure their vessels were carefully managed. Any differences arising from time to time were to be reported alongside an account of all affairs entrusted to them. The encouragement of the practice of true religion, virtue, civility and all honest and good means was recommended. This was to be pursued on all occasions to improve both religion and commerce, ensuring that the good were encouraged and the evil repressed. Crimes were to be punished, and particular observation was to be made of swearers and drunkards. The previous letter under the Company’s hand was dated 6 April 1677, sent by the ships Richard, Mary and Anne, containing several commands given to the Governor. The most recent advice had been received via the Eagle and the India Merchant, which arrived safely during the present month. It was noted from these communications that some differences had arisen on the island. These causes of friction had been carefully considered in an effort to compose and settle them. It was suspected that certain individuals might be responsible, and it was directed that, upon due examination, no person should be encouraged who endeavoured to disturb the peace contrary to the Company’s orders and the inhabitants’ duty. Note was taken of a complaint that a man referred to as “that Savage” intended to return home because his wife was not with him. It was observed that she had been offered free passage to join him but had refused. Instructions were given to charge the account of Robert Black for the sums of money expended, which were to be deducted from his wages to compensate for damages. Finally, it was noted that Mr Joshua Johnson had been engaged to serve as one of the Lieutenants. He was to be granted a plantation and a dwelling, and was to receive the pay, diet and wages equivalent to those of a soldier. Interpretations The Road refers to the sheltered offshore anchorage area for ships. Capt [...] refers to Captain Richard Field, the outgoing Governor. This present month refers to April 1677. Robert Black refers to the individual Robert Black. Mr Joshua Johnson refers to Joshua Johnson. |
45 | 26 | As to your Negroes And yr Servts Their is a Short in a Small [...] quantity whereby better no Surgeon it must be yr Endeavour to treat those that may arrive on our Returning Ships And likewise that you can Agree with one Richard [...] for more who are Understand with Mr [...] to come home You may allow that stays on his [...] the same Voyage and priviledges to Mr Moore and you have Leave to send a Batch of Rice and Sugar if Proper that Demands from Deal And hope you will Order the taking of it in Us According to this & on board this Ship Jonathan Digby from Deal if you please to make the best Returnes (Rice Sugar and some other things which you can to his hands for the Companies Use) We shall allow no Pay to any Souldiers but those that are Entertained by Us here in that quality and that are upon Extraordinary Occasions taken into Pay by our Governor and Councell Those Souldiers are not to be kept longer in Pay then for the said Occasions, for they are able to Subsist themselves and are obliged to returne to their former Employments as our men returning to England on our Shipping; Nevertheless We have by this means that some Convenient Encouragement may be given for a Strong and Lawfull Guard upon your Island to keep them in awe from other Evill that may arise from them or others, We do Expecting you have Regard to the Orders that are sent you from hence and that you will make your Accounts according which we hope will accommodate you and that you take care that it be equally Divided to be paid for their Pay as the time it shall be Conveyed from [...] When it shall please God to Arrive our home ward bound Shipping from Severall and the [...] that Ships arrive at the said Island to receive Dispatches that [...] that [...] wee [...] allow that if [...] that Captn Moore shall be Commanded as formerly and [...] to [...] and all others that shall trade there from time to time and have Commissions according to their quality and the Orders given, Wee make known to our Commanders The time being troublesome and Dangerous, We enjoin you more then Ordinary to be watchfull and Suspicious especially when Ships of Strangers Arrive in the Roads that none come on shoar Armed and that at a time be unarmed Informed (Except that you keep Centry on the place) Constantly to prevent that none may Surprize the Island and if any Enemy should make an Attempt upon you they may find you ready to Defend your Selves And so we Recommend you all to Gods Protection and Direction of the Almighty power Remaines as Your Loving Friend | To ensure that the island might prosper and flourish under the Company’s government, it was ordered that every means be used to encourage both planting and any other activities that might conduce to the improvement and well-being of the inhabitants. Such matters were to be decided by the advice and consent of the major part of the Council. All commanders of ships employed in the Company’s service were required, upon arrival in the road of the island, to ensure their vessels were carefully managed. Any differences arising from time to time were to be reported alongside an account of all affairs entrusted to them. The encouragement of the practice of true religion, virtue, civility and all honest and good means was recommended. This was to be pursued on all occasions to improve both religion and commerce, ensuring that the good were encouraged and the evil repressed. Crimes were to be punished, and particular observation was to be made of swearers and drunkards. The previous letter under the Company’s hand was dated 6 April 1677, sent by the ships Richard, Mary and Anne, containing several commands given to the Governor. The most recent advice had been received via the Eagle and the India Merchant, which arrived safely during the present month. It was noted from these communications that some differences had arisen on the island. These causes of friction had been carefully considered in an effort to compose and settle them. It was suspected that certain individuals might be responsible, and it was directed that, upon due examination, no person should be encouraged who endeavoured to disturb the peace contrary to the Company’s orders and the inhabitants’ duty. Note was taken of a complaint that a man referred to as “that Savage” intended to return home because his wife was not with him. It was observed that she had been offered free passage to join him but had refused. Instructions were given to charge the account of Robert Black for the sums of money expended, which were to be deducted from his wages to compensate for damages. Finally, it was noted that Mr Joshua Johnson had been engaged to serve as one of the Lieutenants. He was to be granted a plantation and a dwelling, and was to receive the pay, diet and wages equivalent to those of a soldier. Interpretations The Road : The sheltered offshore anchorage area for ships Deal : The port of Deal in Kent Souldiers : soldiers Jonathan Digby : The individual or ship’s master associated with the vessel from Deal Captn Moore : Captain Moore Negroes : slaves |
46 | 27 | London the 20th [...] 1677 Mad[...] Andrews John D[...] Daniel Mat[...] Francis Bri[...] Sam[...] Page Thomas Con[...] Nath[...] K[...] Rob[...] Bay[...] John Banc[...] Steven [...] Tho[...] W[...] Tho[...] John Walden William Thompson Gov[er]n[or] Samuel Ja[...] Dep[uty] Gov[er]n[or] John Lawrance Nich[...] Moor Tho[...] Kidd Zachary Lamb[...] We have Received an Accompt of Captn Anthony Beale whereby he Makes coming to him [...] of Ball wth Comand upon off the [...] that you have now [...] his 40[...] goe to him by [...] 1675 & 1676 brought to his Bills also since where he hath Lent and disbursed any moneys should be mentioned in the Accompt desired to be charged home with you As also him all things out of Stores for the Company in his particularly following A Totall of all the Accompt Ball wth William - - - - 15-00-0 Paid by [...] [...] - - - 10-00-0 Paid by [...] [...] - - - 5-00-0 Paid for [...] Provisions - - 10-00-0 Paid for [...] Provisions - - 10-00-0 Paid Thomas [...] his Bill - 12-00-0 - - - - - - - - - - - - 62-00-0 We send you Accompts of Accompts for last Year and where you will see it both Debtor and Creditor each Head and not one head [...] which we do recommend you to Remedie and to be more carefull in future and particularly that you send us a perfect Accompt of the Expences monthly and Booke [...] The Ship Mary & Sally arrived from you have Received from thence the 3d of December last [...] and also from the same Ship a Letter of [...] [...] and have sent unto you a large supply of Provisions and necessaries for the Island and desire all care that for time to come the same may be [...] and that you may know all things that concern you and that you may have a good understanding of the Commissions for the Government of the Island and that we shall be ready to give you all further Assistance as there shall be cause and that no Injury be done by the Servants John Marden Ann Bay[...] Will Thomson Sam[...] Ja[...] Dan[...] [...] | The communication from London dated 20 February 1678 was signed by several individuals, including William Thompson (Governor), Samuel Barnardiston (Deputy Governor), John Lawrance, Nicholas Moore, Thomas Kidd and Zachary Lambert. Other names listed included Madam Andrews, John D[...], Daniel Matthews, Francis Bridge, Samuel Page, Thomas Conway, Nathaniel K[...], Robert Bayly, John Banks, Stephen [...] and John Walden. An account from Captain Anthony Beale was received, indicating a balance due to him. It was noted that certain sums from 1675 and 1676 were brought to his bills, and any moneys he had lent or disbursed were to be mentioned in the account and charged home. All items taken out of the stores for the Company were to be particularly followed. A total of the account was provided, showing a balance with William of 15 pounds, along with various payments of 10 pounds and 5 pounds for provisions, and a bill for Thomas [...] of 12 pounds, amounting to a total of 62 pounds. Accounts for the previous year were sent, showing both debtor and creditor entries under each head. It was recommended that certain deficiencies be remedied and that more care be taken in the future. Specifically, a perfect account of expenses was to be sent monthly, along with the relevant books. The ship Mary and Sally had arrived from the island, and communications dated 3 December last had been received. In response, a large supply of provisions and necessities for the island had been sent. It was desired that care be taken in the future to ensure a good understanding of the commissions for the government of the island. An assurance was given that the Company would be ready to provide further assistance as required, and that no injury should be done by the servants. The document also noted the names John Marden and Ann Bayly. Interpretations 20th [...] 1677 : 20 February 1678 (modern style) Captn Anthony Beale : Captain Anthony Beale Ball wth : Balance with Accompt : account p : per Will Thomson : William Thompson Sam[...] Ja[...] : Samuel Barnardiston Mary & Sally : The ship Mary and Sally |
47 | 28 | To Major John Blackmore Governour of our Island St Helena, and our Councell There or to the Governour and Councell for the time being of the said Island. These. A true Coppy examined with the Originall by me Stephen Legge Our Governour & Councell. London 9th November 1678 Our last unto you was dated the 13th of March 1677 sent by the Shannam which went Major John Blackmore whom we appointed Governour of our Island in the roome of Captaine Gregory Field and in that letter sent you Directions at large for the security and good Government of that Place and what else relates unto the management of our affaires there, unto which we expect all due and punctuall Obedience from you, wee have Received severall letters the 6th of March 1677 by the Golden Fleece and the 7th of July 1678 by the Mary by which we have had Notice of the great want you were in of all things necessary for the support of you which such great Disappointment that on all hands the Inhabitants have not been able to raise provisions sufficient nor store of provisions from their plantations which doubtless might have been Raised had they employed themselves with Industry whereby Wee have the greater cause [...] to resent the Governour with all the men for the future upon a better way of Subsisting for the supporting of the Garrison All which we do heartily recommend to your care and expect to be alwayes supplyed from our shipping as heretofore considering what large supplies that have bin lately sent you The Money you have received for the Armes and his Ma[jes]ties pay wee have Observed in the accompt of Exchange being 40:15:9 wee have Ordered that no part thereof shall be disposed for the uses of your Island nor be very sparing in charging Us with any Money whatsoever but in cases of extraordinary Exigency and which are to exceed the maximum of one hundred pounds in the whole. | A true copy of the original document was examined and confirmed by Stephen Legge. The communication from London, dated 9 November 1678, was addressed to Major John Blackmore, the Governor of St Helena, and the Council, or to the Governor and Council for the time being. It was noted that the previous letter was dated 13 March 1678 and sent via the ship Johanna, upon which Major John Blackmore travelled. He had been appointed Governor in place of Captain Gregory Field. That letter contained extensive directions for the security and good government of the island and the management of the Company’s affairs, to which punctual obedience was expected. Several letters had been received: one dated 6 March 1678 by the Golden Fleece and another dated 7 July 1678 by the Mary. These communications reported a great shortage of necessary supplies. It was observed with disappointment that the inhabitants had not raised sufficient provisions from their plantations, which it was felt could have been achieved with greater industry. Consequently, the Governor and all the men were urged to find a better way of subsisting to support the garrison. It was expected that the island would be supplied by shipping as before, especially considering the large supplies recently sent. Regarding the money received for arms and His Majesty’s pay, the amount of 40 pounds 15 shillings and 9 pence was noted in the account of exchange. It was ordered that no part of this sum should be disposed of for island uses. Furthermore, the Governor and Council were instructed to be very sparing in charging the Company with any money, except in cases of extraordinary exigency, which were not to exceed one hundred pounds in total. Interpretations 9th November 1678 : 9 November 1678 13th of March 1677 : 13 March 1678 (modern style) Shannam : the ship Johanna 6th of March 1677 : 6 March 1678 (modern style) 7th of July 1678 : 7 July 1678 bin : been Ma[jes]ties : Majesty’s 40:15:9 : 40 pounds 15 shillings 9 pence |
48 | 29 | That one Words concerning John [...] who the Off[...] wee find to be true for his come home on the Golden Fleece alledge that being on [...] taken on Denmark Road that Ships wch there sailed, he was Imprisoning brought from thence, no otherwise but upon [...] as a Stranger have him even bound to [...] him his own Country what is to be charged upon him for Cloth and Stock he left on his Plantation and must be made good to all whomsoever Wee having Received a letter from John Winn our Chapp[...] Desiring to come for England which we do grant his Request and you may Order him a passage upon the first opportunity for England for Europe and require [...] who hath paid Mr [...] his [...] the Sum of Seventy five Pounds You are also to permitt Lieut Jonathan Tyler Joseph Smith a [...] and John Wills a Seaman to take their passages for England who have having bin Application made to us by their Relations on their behalfe Wee are troubled to heare that there should be so much Dis[...] and among some in Councell and others but hope the same hath been ere this time throughly removed, and things brought to a better posture and Regulation, of which we shall expect a better Account And Considering how troublesome the times are like to be, and not knowing but there may arise Disturbance by reason of the Warres we think fit that some be kept in readiness to defend the Island and to have sufficient Provisions and Ammunition for the security of the same, and therefore have thought fit to recommend unto you that the Fortifications be repaired and that the Garrison be kept in good order and Discipline, and that the Guards be duly observed and that no person be suffered to go abroad without leave and that strict watch be kept for the safety of the Island And so committing you to the Guidance and Protection of the almighty God we remaine Your Loving Friend Nathaniell Henshaw Gov[...] Robert Thomson Deputy Daniell Sheldon Math. Elken Willi[...] B[...] John Paige Sencey Lam[...] John Moore John Nicoll Cha[...] Tho[...] Edmond Reeve John B[...] Tho[...] Penham John Beck[...] | Regarding the matter of John [...], it was noted that he had returned home on the Golden Fleece. He alleged that having been taken at Denmark Road by ships that sailed from there, he was imprisoned and brought from thence as a stranger, being bound for his own country. It was directed that whatever was to be charged against him for cloth and stock left on his plantation must be made good to all concerned. A letter was received from the chaplain, John Winn, expressing a desire to return to England. His request was granted, and it was ordered that he be provided passage for Europe at the first opportunity. It was further noted that the sum of seventy-five pounds had been paid to Mr [...]. Permission was also granted for Lieutenant Jonathan Tyler, Joseph Smith and John Wills, a seaman, to take their passages for England, following applications made by their relations on their behalf. Concern was expressed regarding the reports of discord among some in the Council and others. It was hoped that such differences had been thoroughly removed and that affairs had been brought to a better posture and regulation, of which a better account was expected. Considering the potential for disturbance due to the wars and the troublesome nature of the times, it was deemed necessary that preparations be made to defend the island. It was directed that sufficient provisions and ammunition be kept for its security. The Governor and Council were urged to ensure that fortifications were repaired, the garrison was kept in good order and discipline, and guards were duly observed. No person was to be permitted to go abroad without leave, and a strict watch was to be maintained for the safety of the island. The Governor and Council were committed to the guidance and protection of Almighty God. The letter was signed by Nathaniel Henshaw (Governor), Robert Thomson (Deputy), Daniel Sheldon, Matthew Elken, William B[...], John Paige, Sencey Lambert, John Moore, John Nicoll, Charles Thorold, Edmond Reeve, John B[...], Thomas Penham and John Beckford. Interpretations 9th November 1678 : 9 November 1678 Golden Fleece : the ship Golden Fleece Chapp[...] : Chaplain (John Winn) bin : been Dis[...] : discord or dispute Nathaniell Henshaw : Nathaniel Herne (Governor of the East India Company) Robert Thomson : Robert Thomson (Deputy Governor) p : per |
49 | 30 | Our Governour & Councill att St Helena. London 15th May 1679 Wee have rec[eiv]ed yo[u]r severall l[et]ters of the 24th December 1678 and 21th Febr[ua]ry last by the Expectation, Emily, Eagle, and Bearely [...] with severall Duplicates and other papers and are glad to find you have had so quick a passage and that our Governour and hope it went with him was safely arrived att our Island Wee take Notice what difficulty you write for & though wee are not willing to la[y] unnecessary burthen upon the Inhabitants, yet wee think it necessary to encourage planting, and therefore have given you the liberty that all provisions growing upon the Island, & all other plantations, doe that you may not be burthened with any demand from thence that being to be paid rising for every man which has work, & shall send off the Bayes of shipping (but if) and you may doe well to settle them upon such terms when they have provided for themselves, though they are engaged in making provision and to have built little time to plant, sow or sett in their provisions and wee doe the rather urge this because when the servants come for England, they have very small means from whence to make a returne to you for their subsistence, therefore you may use them for their own health, the life and profit, and therefore as for especially we would have you send any from hence, and having already supplied the Island with all manner of things and convenien- cies, and also with clothing, we think it needless to send any for the present (nevertheless if you have occasion of goods for the Island send to us and we will doe what we can) and may take a bale or two of broad Bayes of our manufacture to Ships and as we find occasion we shall furnish you from hence with what is needfull, that the people may have sufficient employment and whereby the Inhabitants in generall may better subsist themselves and if any thing should faile so that the Colony should not be able to subsist themselves wee shall take care to supply them with the sending of shipping often directly from England Wee Observe that Divers shipping that comes with Negroes doe touch att our Island, as for those that come from places where the Inhabitants of our Island, we shall take care of fit and in due time you may expect our Directions following Wee have information that our ships from India doe land some att our Island and the Negro ships doe carry them hence wee desire you to Examine this business and accordingly take care thereof and that for the future you give notice that ships bring none of the Negroes for their use (especially the servants) and that the Negro ships take on no other goods | The Governor and Council at St Helena were advised by a letter from London dated 15 May 1679. Receipt was acknowledged of several letters dated 24 December 1678 and 21 February 1679, sent by the ships Expectation, Emily, Eagle and Berkeley Castle, along with various duplicates and papers. Satisfaction was expressed regarding the quick passage and the safe arrival of the Governor at the island. Note was taken of the difficulties reported, and while there was no desire to lay unnecessary burdens upon the inhabitants, it was deemed necessary to encourage planting. Liberty was granted for all provisions grown on the island and other plantations to be managed such that the inhabitants were not burdened by external demands. It was suggested that terms be settled for the inhabitants once they had provided for themselves, even if they had previously had little time to plant or sow due to other engagements. This was urged particularly because servants returning to England often had small means to repay the island for their subsistence. It was advised that they be employed for their own health and profit. Having already supplied the island with various conveniences and clothing, it was thought needless to send more for the present. However, if goods were required, a request was to be made. A suggestion was made to take a bale or two of broad bays of English manufacture from the ships, and further supplies would be furnished as needed to ensure the people had sufficient employment and could better subsist. Should the colony be unable to support itself, care would be taken to send supplies directly from England via frequent shipping. It was observed that various ships carrying slaves touched at the island. Regarding those from places relevant to the inhabitants, care would be taken to provide appropriate directions in due time. Information had also been received that ships from India were landing individuals at the island and that slave ships were carrying them away. The Governor and Council were desired to examine this business and take care of it. For the future, notice was to be given that ships should not bring slaves for their own use, especially for servants, and that slave ships were not to take on any other goods. Interpretations 15th May 1679 : 15 May 1679 21th Febr[ua]ry last : 21 February 1679 Bearely [...] : the ship Berkeley Castle Bayes : a type of coarse woollen fabric (baize) Negroes : slaves yo[u]r : your l[et]ters : letters |
50 | 31 | Wee Like well yt you have putt our Island in so good a posture And for as much as it Appears his Ma[jes]ties att Peace with all his Neighbours, and that the Inhabitants of the Island are so numerous, wee think it may be noe prejudice to the safety of the place if you per[...] such of the old Souldiers as desire it to come for England so it be done by Degrees, and not too many in one yeare, that if there be neede you may have Notice to supply them, and tell them take their Passage on such of our Shipping as want their full Complement of men for rather pay for thereby wee shall save the Charge of their transporta[...] [...] and Particularly such Leave be given to John Richards John Hungerford James Dringnetts and John Rogers Sould[ie]rs and also to Thomas Boneton who went out in the Thames to Returne by the first Shipping On this Ship later we have laden a Parcell Containing materiall fitt for Husbandrie for trade as yt may be observed w[hi]ch we desire you to use and too Imploying your land and our affaires to the advantage and bettering of the Company wee Remain Your Loving Friends Natt Horne Gov[...] Rob[er]t Thompson Dep[uty] Gov[...] John Paige John Beck[...] Edward Bridge Tho[...] Pankham James Maid [...] Beat Mr Andr[...] Walker Will Thomson Sam[...] Moyer Chr[...] Browne Richard Porter[...] John Bathurst Joseph Ke[...] | It was observed with satisfaction that the island had been placed in a good posture of defence. As it appeared that His Majesty was at peace with all his neighbours and the inhabitants of the island were numerous, it was judged that it would not prejudice the safety of the place to permit some of the old soldiers who so desired to return to England. It was directed that this be done by degrees, with not too many departing in a single year, so that notice could be given to supply replacements if needed. Such soldiers were to take their passage on Company shipping that lacked a full complement of men, as this would save the charge of their transportation. Particular leave was granted to John Richards, John Hungerford, James Dringnetts and John Rogers, as well as to Thomas Boneton, who had gone out in the Thames, to return by the first available shipping. A parcel containing materials fit for husbandry and trade was laden on the current ship. It was desired that these materials be used and employed in the management of the land and the Company’s affairs to the bettering of the Company. The letter was signed by Nathaniel Herne (Governor), Robert Thomson (Deputy Governor), John Paige, John Beckford, Edward Bridge, Thomas Pankham, James Maid, Andrew Walker, William Thompson, Samuel Moyer, Christopher Browne, Richard Porter, John Bathurst and Joseph Ke[...]. Interpretations his Ma[jes]ties : His Majesty (King Charles II) Sould[ie]rs : soldiers transporta[...] : transportation yt : that Natt Horne : Nathaniel Herne Rob[er]t Thompson : Robert Thomson |
51 | 32 | To our Honoured the Govern[o]r & Councell att our Island St Helena Fort St George the 8th of Jany 1679/80 These may be to certifie you the Castle Fleet Shipps the William and [...], wee wrote you by our last and have now againe received your Letters and are sorry to finde the Island in so meane a condition, having received but a small supply and those shipping the better season thereby, and though it be very laden have neglected their being no previous letters in regard wee have received none from the Bay The Honourable Companie have had us to give you advice that in case the Supply appointed at St Helena have not beene arrived you are to take care for the harbour of the Rarbar Shipps from whence you may be supplyed and another for the George and Mary and other of the said Shipps for ye better relief, and having not further to enlarge wee commend you to Divine Protection and Remain Your affectionate friends Streynsham Master Joseph Hemmers John Bridges Timothy Wilkes Richard M[...]ne The like sent was brought by the George and Golden Fleece Vera Copia [...] Mr Andr[...] Walker | A communication from Fort St George, dated 8 January 1680, was addressed to the Governor and Council at St Helena. It confirmed that the letter followed previous correspondence sent by the Castle Fleet ships, the William and another vessel. Concern was expressed regarding the mean condition of the island, which had received only a small supply. It was noted that certain shipping had neglected their duties or missed the better season, and that no previous letters had been received from the Bay. The Governor and Council were advised by the Honourable Company that, in the event the appointed supplies for St Helena had not arrived, they were to take care to harbour the ships from which they might be supplied. Mention was made of the George and the Mary, as well as other ships, for the better relief of the island. No further information was added, and the Governor and Council were commended to Divine protection. The letter was signed by Streynsham Master, Joseph Hemmers, John Bridges, Timothy Wilkes and Richard M[...]ne. A note indicated that a similar message was brought by the George and the Golden Fleece, and a true copy was verified by Andrew Walker. Interpretations 8th of Jany 1679/80 : 8 January 1680 Fort St George : The Company headquarters in Madras (Chennai) the Bay : The Bay of Bengal (likely referring to the factories in Bengal) Streynsham Master : Streynsham Master (Governor of Madras) ye : the Vera Copia : A true copy |
52 | 33 | London yᵉ 13ᵗʰ 1679 on the Acct Invoice of Goods Laden by the Governor and Company on board A Tunn on trading into the East Indies and bound for St Helena [...] the same further for a Sum of [...] a Book whereof setteth [...] Command of Jonathan [...] bound by his obligation for the Port of Bantam on the Island Java Major And all his [...] [...] from thence to the Island St Helena, and Goods consigned to their Governour and Councill there Resident for Account of the Compᵃ [...] ought to stock the perticulers are as followeth Vizᵗ Report: Invoice for Goods Received by Sea | A document from London, dated 13 May 1679, provides an invoice of goods laden by the Governor and Company on board a ship of one hundred tons burthen. The vessel was engaged in trading to the East Indies and bound for St Helena. It was noted that the ship, under the command of Jonathan [...], was bound by obligation to the port of Bantam on the island of Java Major, and from thence to the island of St Helena. The goods were consigned to the Governor and Council resident on the island for the account of the Company. It was further noted that the particulars of the stock were to be detailed in the following report, titled Invoice for Goods Received by Sea. Interpretations yᵉ 13ᵗʰ 1679 : 13 May 1679 Acct : account Compᵃ : Company Vizᵗ : namely (videlicet) Tunn : tons (referring to the ship’s capacity) Bantam : the Company’s trading post in Java Java Major : Java |
53 | 34 | Our Governour and Councill London the 24ᵗʰ of March 1679/80 att St Helena Wee have sent unto you two by the Shipps [...], One of the 17ᵗʰ may take [...] proceeding with Instructions which wee have directed severall Letters by the said Shipps of the 10ᵗʰ March 1678/9 to the 5ᵗʰ Aprill 14 and 7ᵗʰ May and [...] last In answer to your desires we send you herewith Rules Laws and Orders made upon severall occasions which wee Judge to be of use to the Inhabitants that every Man may know what is his Duty and priviledge and you are to take care that the same be punctually observed On the said Orders you will find the service wee require of the Governour and Councill in generall and more particularly to take care that the same be duely observed, that no private trade be allowed nor any person permitted to depart from the Island without leave and that due accompts be kept of all Goods, Provisions and Stores received and issued, that all the Inhabitants be kept in due Subjection and Obedience, that there be no unnecessary expence, that no more Brandy be imported than is necessary and that all other abuses be carefully prevented and reformed Reference to the granting out Land to the Inhabitants wee doe require you to observe the following directions That you take a survey of all the Plantable Lands of the Island and that such parts thereof as the Company have not yet disposed of you take into your possession and keep the same for their use and not dispose thereof but reserve to be improved as wee shall direct, and that you give an accompt unto us of the quantity and quality of the Land by the next opportunity That for the better settling and improvement of the same you doe from time to time let out such parcels thereof upon reasonable terms to such persons as shall be found fit and able to plant and improve the same, according to such qualifications and directions as shall be given That noe person be admitted a free Planter or have any Land allotted to him unless he be in the Companies pay or shall be approved by you and that such person shall with his owne labour or that of his servants improve the said Land and keep the same in good order, and that he shall not sell or alien the same without your consent That no person whatsoever presume to cut downe any Timber trees growing upon the Island without your speciall order and that care be taken for the preservation of the Woods That such Inhabitants as shall marry and settle upon the Island and have children shall have encouragement by grants of Land according to their number and condition [...] [...] | The Governor and Council at St Helena were addressed in a letter from London dated 24 March 1680. Reference was made to previous instructions and several letters sent between March 1679 and May 1679. In response to requests from the island, a set of rules, laws and orders was provided to ensure that every inhabitant understood their duties and privileges. The Governor and Council were directed to ensure these were punctually observed. Particular care was required to ensure that no private trade was permitted and that no person departed the island without leave. Accurate accounts were to be maintained for all goods, provisions and stores received or issued. The inhabitants were to be kept in due subjection and obedience, and all unnecessary expenses were to be avoided. Furthermore, a restriction was placed on the importation of brandy, allowing only what was necessary, and all other abuses were to be reformed. Specific directions were provided regarding the granting of land. The Governor and Council were required to take a survey of all plantable lands on the island. Any parts not yet disposed of by the Company were to be taken into possession and reserved for the Company’s use, with an account of the quantity and quality of such land to be sent by the next opportunity. For the better improvement of the island, parcels of land were to be let out on reasonable terms to fit persons able to plant and improve them. No person was to be admitted as a free planter or allotted land unless they were in the Company’s pay or specifically approved by the Council. Such persons were required to improve the land through their own labour or that of their servants and keep it in good order. The sale or alienation of land was forbidden without the Council’s consent. Additionally, no person was permitted to cut down timber trees without a special order, as care was to be taken for the preservation of the woods. Finally, encouragement was offered to inhabitants who married and settled on the island with children, with land grants to be provided according to their number and condition. Interpretations 24ᵗʰ of March 1679/80 : 24 March 1680 10ᵗʰ March 1678/9 : 10 March 1679 (modern style) att : at wee : we accompt : account alien : transfer ownership of property yt : that |
54 | 35 | That if the woman so marrying any [...] shall be remaining then [...] [...] sent out by the Company who his Father hath had Land and Cattle [...] the said woman and children whereof may descend to such Son or Sons [...] shall be capable (if he marry) he shall have [...] one Cow and one Bull given him, and for a family that shall [...] the said Land that is settled upon them, and that the same be not [...] to him then on such intermarriage he shall have only one [...] and one Bull given him That any free woman which so serve all free Planter or others living on the said Island in the Companys pay or otherwise no care shall be taken [...] shall have no wages, neither shall she have any allowance [...] and that she be not permitted to depart from the Island without leave and that no allowance be made upon such intermarriages These are you are to observe in the granting Lands & rather such that [...] the Plantation and maintenance thereof and none more land to be [...] to any person than they shall be able to improve, and that such persons be approved and that the said Land be not alienated to any such Planter without the consent of the Councill or their order to be allowed them but either by the Orders (March 1677) [...] we send you the election of Mary [...] and their desires [...] with the advice aforesaid you wee much have respect therein And forasmuch as it may be dangerous to have too many [...] on the Plantation, especially they planting [...] and over store the same, and we observing that there are about [...] persons on the Island, and that no more shall be brought [...] on the said Island, without special order from us, and that you doe strictly keep the order to the Inhabitants that they may be governed thereby Wee have likewise sent to the said Island [...] two persons that you have [...] the Governor may be allowed to remain [...] and that [...] and they doe themselves as the Company shall think fitt [...] and to give encouragement unto such as shall [...] [...] have beene found good and that they may be encouraged [...] which have beene brought hither in the said Island [...] [...] wee doe order that you take care that they be not suffered to wander [...] nor to be permitted to come away at one time [...] [...] that they be kept in good order and discipline You are to take care that the good Government be made of our Plantation keeping out all idle and disorderly persons, and that no person be suffered to remain there but such as shall be serviceable to the Company and that all persons be made to labour and employ themselves in the works of the Plantation, and that they be kept in good order and obedience, and that you cause all offences to be punished according to Law [...] and that you keep a strict account of all Goods and Provisions received and issued, and that no waste be made thereof, and that you send us yearly a full account of all your proceedings [...] the said Island and of all the Plantations there [...] 168[...] | It was directed that if a woman married, land and cattle might descend to her sons, provided they were capable of maintaining the property. Upon such a marriage, a son who settled on the land was to be given one cow and one bull. However, if the land was not settled upon him, he was only to receive the livestock. Any free woman serving a planter or others on the island in the Company’s pay was to receive no wages or allowance, nor was she permitted to depart the island without leave. No allowance was to be made upon such intermarriages. In granting land, care was to be taken that the plantations were properly maintained and that no person was allotted more land than they were able to improve. All such persons were to be approved, and land was not to be alienated without the consent or order of the Council, as established by the orders of March 1677. Respect was to be had regarding the election and desires of Mary [...]. As it was considered dangerous to have too many persons on the plantations, potentially over-stocking the same, it was observed that there were approximately a certain number of persons already on the island. It was ordered that no more should be brought to the island without a special order. The inhabitants were to be strictly governed by these orders. Two persons whom the Governor had allowed to remain were permitted to do so as the Company thought fit, provided they behaved well and encouraged others. Those who had been brought to the island were not to be suffered to wander nor permitted to leave at one time. They were to be kept in good order and discipline. The Governor and Council were to ensure the good government of the plantation by keeping out all idle and disorderly persons. No person was to remain there unless they were serviceable to the Company. All persons were required to labour and employ themselves in the works of the plantation in obedience, with all offences punished according to law. A strict account was to be kept of all goods and provisions received and issued to ensure no waste was made. A full account of all proceedings and the state of the plantations on the island was to be sent to the Company yearly. Interpretations alienated : transferred to the ownership of another Cow and one Bull : livestock provided as a marriage or settlement grant March 1677 : the date of the previous standing orders intermarriages : marriages between inhabitants of the island 168[...] : the date of the document (c. 1680) |
55 | 36 | [...] Island wee have sent out there is a strict settlement [...] [...] ordering the following directions to be observed [...] [...] that no person whatsoever shall presume to trade [...] [...] wee send you the originall of Mr [...] last of the present year [...] have also transmitted to you such letters as have lately come [...] [...] by reason that it was thought convenient not to [...] [...] being among the rest of delay the supplies [...] [...] and to the said Island as [...] [...] we have therefore taken care to supply all our Companys [...] [...] and which time on the Island [...] Method to be observed in keeping Storeing and issuing of Goods 1 That all goods as well Companys goods and stores that shall be sent to the Governour and Councill to be by them taken in stock and that the said Governour and Councill give the Commanders receipts for the same on their Bills of Lading 2 That the Governour and Councill doe forthwith deliver all the said provision goods and stores with convenient allowances to the keepers and [...] of the Company and take security for the same 3 That the said keepers doe receive and give out none of the said goods or stores nor dispose any of the same upon whatsoever account without order signed by the Governour and Councill of the said Island which order shall be their discharge 4 That the said keepers from time to time doe accompt clear and make all just accompts concerning the issuing and expence of all the said provisions and deliver the same exactly and that no such issue or expence be made but by order of the Governour and Councill [...] and the totals of provisions of goods to be inserted in the book [...] all the said bookes to be examined and signed by the Governour Councill and the Master of the ships that are present and sign the Company Wee doe appoint that you the Governour of the Society with your Councill shall take especiall care for the good ordering and regulating of all persons upon the said Island and that you doe strictly require all persons to conform themselves to such orders as shall from time to time be made by the Governour and Councill and not otherwise, and that if any person shall neglect or refuse to observe the said orders that you proceed against them according to the rules and orders established and that you take care that no disorders or irregularities be suffered Wee have considered what you have written touching the [...] and other particulars which have happened in your Government and order that you continue to take such care as is necessary and that you cause all persons to labour in their callings and imployments and to give good example and encouragement to others [...] upon the Island shall be well provided for and that the [...] for the same be duly observed and that all provisions be carefully husbanded and that no wast be made thereof [...] you take care that no persons depart from the Island without your licence and that all ships arriving there doe give due account [...] and that you doe keep a register of all persons upon the Island [...] and that the publick works be carefully carried on and that the Island be kept in good repair and defence [...] [...] | It was directed that a strict settlement be observed regarding the island, with several specific instructions ordered for the management of the Company’s affairs. It was mandated that no person whatsoever should presume to trade without authorisation. The original documents and letters from the current year were transmitted to the Governor and Council, and it was noted that care had been taken to provide for the Company’s supplies. A specific method was established for the keeping, storing and issuing of goods. Firstly, it was ordered that all goods and stores sent to the island be taken into stock by the Governor and Council, who were required to provide the ship commanders with receipts on their bills of lading. Secondly, the Governor and Council were to deliver these provisions and stores to the designated keepers of the Company, from whom security was to be taken. Thirdly, it was stipulated that the keepers should neither receive nor dispose of any goods or stores without an order signed by the Governor and Council, which would serve as their official discharge. Fourthly, the keepers were required to provide exact and clear accounts concerning the issuing and expense of all provisions. No such expenditure was to be made except by official order, and all totals were to be inserted into the books, which were then to be examined and signed by the Governor, the Council and any ship masters present. The Governor and Council were appointed to take especial care for the good ordering and regulation of all persons on the island. It was strictly required that all individuals conform to the orders established by the local government. In cases of neglect or refusal, proceedings were to be taken against the offenders according to the established rules. It was further ordered that all persons be required to labour in their respective callings and employments to provide a good example to others. Provisions were to be carefully husbanded to ensure that no waste was made. Furthermore, it was directed that no person depart from the island without a licence, and all arriving ships were required to give a due account of their presence. A register of all persons on the island was to be maintained, and it was mandated that public works be carefully carried on to ensure the island was kept in a proper state of repair and defence. Interpretations Bills of Lading : Detailed lists of a shipment of goods in the form of a receipt Husbanded : Managed or used conservatively Discharge : A formal release from responsibility or obligation St Helena : St Helena Companys : Company’s Society : The East India Company (sometimes referred to as the Society) Callings : Professions or trades |
56 | 37 | Understanding that the Mastsmen and labourers Imployed by you in our last Letter, Receiving Information we have Ordered to be [...] in our Letters the 5ᵗʰ March 1677/8 Wee would have you take care for the fitting and [...] to continue to our satisfaction for that Service Wee are informed that James Moxon have designed to Venture on private Trade to the Indies and hath (as it seemes) Meeting Expectations Designed before in December last departing from the said Island and have since had Intelligence Ships are Bound for those Parts, and that he intends to make the Voyage from thence, and therefore have beene favourably inclined to give them Encouragement and Instructions to proceed on such Voyages and Trades and whatsoever Wee doe Require [...] if you in the said Company or any other Trading beyond the Cape of Good Hope shall think fit to make use of any person or persons that you may imploy upon the Island, you shall take care that none of the Goods or Provisions belonging to the Company be made use of nor any of the Companies Servants or Labourers imployed therein without speciall Order from us Wee shall have you further next Shipping to send to the said Island which you will carefully observe Thomas Bower taking his passage for the Island to be imployed in the [...] which having beene not returned to give full Account, the same wee have appointed to be examined for the same, and you are to take care that he be strictly examined and what shall be found upon the said examination you are to report unto us To Capᵗ Wee are troubled to find that William Burton is returned to Deptford in Debt, as by your former Reports to Mr Baldridge & others, not having made any reasonable account of his Service above an yeare and a halfe about which time he turned Planter and had an Addition of servants and to what his Widdow whom he married was possessed of the same was contrary to our Rules and therefore particularly ought to have [...] Wee would have you make up his Accoᵗ as soon as possible and certify the same to us that wee may take such course thereupon as shall be thought fit, and to make him refund what shall appeare due from him upon the said account By the last Letters Wee find the Plantation was much disordered of late, and therefore wee require you to use all possible care for the future governing and settling the same, and that no further disorders may be committed, and that you take care to punish Offenders according to the Laws, and that you encourage all such as shall behave themselves well, and discountenance all disorderly persons Wee further require you that no person be permitted to depart from the said Island without your Licence, and that all Ships arriving there give due Account of their Voyage and of the Goods they bring, and that you take care that the said Island be well provided with all necessaries and that no waste be made of any Provisions or Stores, and that you send us a full Account of all your proceedings by every opportunity [...] | Reference was made to the mastsmen and labourers employed on the island, and it was directed that care be taken regarding their fitting and service to the Company’s satisfaction, as previously ordered in March 1678. Information had been received that James Moxon intended to venture on private trade to the Indies, having apparently departed the island in December last. It was noted that he intended to make a voyage from thence. It was strictly required that if the Company or any other persons trading beyond the Cape of Good Hope should employ any individuals upon the island, no goods, provisions, or servants belonging to the Company were to be used for such purposes without a special order. It was further directed that Thomas Bower, who had taken his passage to the island to be employed, was to be strictly examined. A full account of his service had not been returned, and a report of the findings from this examination was required. Dissatisfaction was expressed regarding William Burton, who had returned to Deptford in debt. It was noted that he had not provided a reasonable account of his service for over a year and a half, during which time he became a planter and acquired additional servants through marriage. This was noted as being contrary to the Company’s rules. It was ordered that his accounts be settled as soon as possible and certified to the Company so that appropriate action could be taken to ensure he refunded what was due. The Governor and Council were informed that the plantation had been much disordered of late. Consequently, all possible care was required for its future government and settlement. It was mandated that offenders be punished according to the laws, while those who behaved well were to be encouraged. Disorderly persons were to be discountenanced. Finally, it was required that no person be permitted to depart the island without a licence. All arriving ships were to provide a due account of their voyages and cargoes. Care was to be taken to ensure the island was well provided with necessaries and that no waste was made of provisions or stores. A full account of all proceedings was to be sent to London by every available opportunity. Interpretations 5ᵗʰ March 1677/8 : 5 March 1678 (modern style) Accoᵗ : account discountenanced : disapproved of or discouraged private trade : trade conducted by individuals for personal profit rather than for the Company |
57 | 38 | [...] have certified you [...] and continuing supply & [...] [...] and now desiring you to provide what shall be necessary [...] the Exchange and wee leave you at all [...] [...] may be sent from hence and to [...] they are to be delivered [...] the directions and hereby you have the standard for the future on which you are to regulate your proceedings Upon discourse with Mr Moxon and others wee find that he hath come forward again, may be expected there shortly with more [...] and that there are slaves on the Island imported that ought to be taken care of and that none be permitted to trade or use them without allowance [...] Directions for what you shall find necessary to be done herein, and that sufficient care be taken [...] [...] you shall receive for keeping which you are to observe the Orders and what shall be taken care that [...] [...] accounted for and that you may dispose of the same [...] and that none be wasted or embezzled [...] Wee have according to the desire of our Governour and Mr Legg [...] on Acct of his Salary and give leave to his Daughter [...] which he desires to have liberty to dispose for her Estate and for her marriage and to have the allowance of one Cow according to [...] Wee have given you good reason to employ careful and able Persons to manage these affairs and to see that the Plantation be well regulated and the Land duly improved and that all disorderly Persons be restrained and punished And accordingly you shall take care to observe the Orders and Directions given you and that you be careful in the managing of the Island and that no person depart without leave [...] Francis Moore the Chirurgeon having a desire to returne home wee have entertained him [...] and upon his arrival here shall give you further directions concerning him and the employment of such persons as shall be thought fit for the service of the Company [...] | Confirmation was provided regarding the continuing supply. It was requested that the Governor and Council provide whatever was necessary for the exchange. They were left to manage certain matters at their discretion, with a standard established for the future to regulate their proceedings. Following discussions with Mr Moxon and others, it was discovered that he had come forward again and was expected to return shortly with more supplies. It was noted that slaves had been imported to the island and required proper management. It was ordered that no person be permitted to trade in or use these slaves without official allowance. Directions were issued for whatever actions were deemed necessary in this matter to ensure sufficient care was taken. Instructions were given regarding the keeping of items received. The relevant orders were to be followed to ensure everything was properly accounted for and disposed of, with strict measures taken to prevent any waste or embezzlement. In accordance with the wishes of the Governor and Mr Legg, a payment was made on account of the Governor’s salary. Permission was granted for his daughter to manage her estate and marriage, which included the allowance of one cow as per the established rules. Emphasis was placed on the need to employ careful and capable individuals to manage these affairs. The plantation was to be well regulated and the land properly improved. It was mandated that all disorderly persons be restrained and punished. The Governor and Council were instructed to be diligent in their management of the island and to ensure that no person departed without leave. Francis Moore, the surgeon, expressed a wish to return home. He was engaged for the voyage, and further directions regarding him and the employment of suitable replacements for the Company’s service were to be provided upon his arrival in England. Interpretations The exchange: likely refers to the rate or system of bills of exchange for transferring money between the island and London. Entertained: in this context, formally engaged or accepted for service or passage. |
58 | 39 | As to the large quantity of powder remaining in our Stores you are to cause the same to be taken care that it be preserved from decay, keeping it in the dryest place and stirring it now & then or oftner as need shall require, and if there be any [...] that is unserviceable let it be returned or by the next shipping Wee have received the 2 small parcells of Cinnamon which you sent and find it good and very fragrant they are to be taken to market at the rate of the Coast and specially what they produce The Relations of John Miles Jonathan Tyler John Sutton Henry [...] and Thomas Bolton having lately desired their returne for England, Wee would have you permit them to come away in the next convenient shipping, putting them aboard one of our ships which are remaining in their turne for full complement of their men Wee have sent you a good supply of Arms with its Appurtenances And also tell John Rooke Seaman who have liberty to Returne home as he agrees with some of the Command for his passage home to take care that he doe not misbehave himself Wee take Notice of what you write concerning the mutiny of the Soldiers and have good reason to keep in Order, but you must be the greater to give them good countenance when they deserve, and to keep them in good subjection, severity and where any other animosity or disorder shall appear that thereupon you are to punish the offenders and that the necessity of Justice for we know it is no common thing in all Plantations to want drunkenness if they be not kept under good discipline and order, that these disorders be prevented and punished and thereupon take care to keep them in good order If any Military Forces be upon the Island to see them kept in due order and to give them such encouragement as may be fitting and to use them as shall be most conducing to the service of the Company [...] 24 March 1679/80 Jos: Reede John Moore John Batwell John Cleeve Edward Ridge Rich[ard] H[...]ton Your Loving Friends Randall H[...] Robᵗ Thomson Depᵗ Govʳ Samᵘᵉ Barrowston Arth[...] Ingram Tho: Bullen Tho: Larens Sam: Moyes John Pike | Regarding the large quantity of gunpowder remaining in the stores, it was directed that care be taken to preserve it from decay. It was to be kept in the driest possible place and stirred occasionally, or more often as needed. Any gunpowder found to be unserviceable was to be returned by the next available shipping. The two small parcels of cinnamon that were sent were received and found to be of good quality and very fragrant. These were to be taken to market at the same rate as those from the Coast. The relatives of John Miles, Jonathan Tyler, John Sutton, Henry [...] and Thomas Bolton recently requested their return to England. It was ordered that they be permitted to leave on the next convenient vessel, being placed aboard one of the Company ships to help make up the full complement of the crew. A good supply of arms and related equipment was sent. Furthermore, John Rooke, a seaman, was granted liberty to return home. He was to arrange his own passage with a commander and was cautioned to ensure he did not misbehave during the voyage. Notice was taken of the reports concerning the mutiny of the soldiers. It was acknowledged that there was good reason to keep them in order. The Governor and Council were advised to be even more diligent in giving the soldiers proper encouragement when they deserved it, while keeping them in strict subjection. Where any animosity or disorder appeared, the offenders were to be punished. It was noted that justice was a necessity, as it was common in all plantations for drunkenness to occur if the men were not kept under good discipline. Such disorders were to be prevented and punished to maintain order. Any military forces present on the island were to be kept in due order and given fitting encouragement, being employed in whatever way best served the interests of the Company. The letter, dated 24 March 1680, was signed by the following individuals: Joseph Reede, John Moore, John Batwell, John Cleeve, Edward Ridge, Richard H[...]ton, Randall H[...], Robert Thomson (Deputy Governor), Samuel Barrowston, Arthur Ingram, Thomas Bullen, Thomas Larens, Samuel Moyes and John Pike. Interpretations The Coast: Refers to the Coromandel Coast of India, a major trading region for the Company. Appurtenances: In this context, the accessories or necessary equipment for the firearms, such as ammunition, cleaning tools or powder flasks. Give them good countenance: To show them approval or support. |
59 | 40 | By the Governᵒʳ and Company of Merchants Trading to the East Indies The said Company at the East India House in Leadenhall Street in London the 29ᵗʰ Day of March 1679/80 have made & given the Rules & Orders hereunto annexed to be observed by the Governᵒʳ and Councill of the Island of St Helena Whereas his most Sacred Majesty hath been graciously pleased by his Royall Charter under the Great Seal of England bearing Date the 8ᵗʰ Day of [...] in the 28ᵗʰ year of his Reign to grant unto the said Company all those Islands Ports Havens and other the premisses [...] with full Power Authority and Jurisdiction to make Orders [...] for the good Government and Security thereof and for the better ordering and governing the same And whereas by vertue of severall former Orders and Directions from the said Company wee have heretofore constituted and appointed Governᵒʳs and Councills for the said Island and have from time to time given them Instructions how to behave themselves in the discharge of their Trusts And whereas divers Disorders and Irregularities have arisen and grown up upon the said Island to the great prejudice of the said Company and the Inhabitants there, Wee have therefore thought fitt to give further Orders and Directions for the preventing thereof and for the better Government of the said Island Wee doe therefore strictly Charge and Command you the Governᵒʳ and Councill of the said Island that you observe and put in Execution the following Rules and Orders That you take care that all Persons whatsoever residing upon the said Island doe conforme themselves to the Laws and Orders established and that none presume to act contrary thereunto That you take speciall care that the Publick Works be carefully carried on and that all Persons be employed therein according to their severall Abilities and Capacities That you keep a strict Account of all Goods Provisions and Stores belonging to the Company and that no waste be made thereof That you take care for the due preservation of the Timber and Woods upon the Island and that none be cut down without your Order That you provide for the maintenance of good Order and Discipline amongst all Persons on the said Island and that all Offenders be punished according to Law That you take care that no Person depart from the said Island without Licence from the Governᵒʳ and Councill That you cause all Ships arriving at the said Island to give an Account of their Voyage and of the Goods they bring That you send us from time to time a full and exact Account of all your Proceedings and of the State and Condition of the said Island [...] | The Governor and Company of Merchants Trading to the East Indies issued the following rules and orders at the East India House in Leadenhall Street, London, on 29 March 1680. These regulations were annexed to the communication to be strictly observed by the Governor and Council of St Helena. It was noted that King Charles II, by his Royal Charter under the Great Seal of England dated 8 [...] in the twenty-eighth year of his reign, had graciously granted the Company all the islands, ports and havens mentioned in the document. This grant included full power, authority and jurisdiction to create orders for the good government and security of those locations. By virtue of several previous orders and directions, the Company had already established Governors and Councils for the island and had provided ongoing instructions regarding the discharge of their duties. However, because various disorders and irregularities had arisen which prejudiced both the Company and the inhabitants, further orders were deemed necessary for the better government of the island. The Governor and Council were strictly charged and commanded to put the following rules into execution. They were to ensure that every person residing on the island conformed to the established laws and orders, and that no one presumed to act against them. Special care was to be taken to ensure that public works were carried out and that all persons were employed in those works according to their individual abilities. A strict account of all goods, provisions and stores belonging to the Company was to be maintained to ensure that nothing was wasted. The Governor and Council were also responsible for the preservation of the timber and woods on the island, and no trees were to be cut down without an official order. It was required that good order and discipline be maintained among all persons on the island, with all offenders punished according to the law. No person was permitted to depart from the island without a licence from the Governor and Council. Furthermore, every ship arriving at St Helena was required to provide an account of its voyage and the goods it carried. Finally, a full and exact report concerning all proceedings and the general condition of the island was to be sent to the Company in London from time to time. Interpretations The twenty-eighth year of his reign: This refers to 1676, as Charles II dated his reign from the death of his father in 1649. |
60 | 41 | I hereby Require you to cause the same to be duly Examined and finding it Right to Register the same accordingly And that in all Cases you take care that none of the Revenues thereof without any Fees or Reward be the same and that all Care be taken that the antient Allotments be allowed Land Granted to any free Planter from the Company or any Command alone so any Granted that shall be sold aliened or disposed to or on the Death of all such persons to revert and be disposed unto some other person at the Discretion of the Governour and Councill or any other Representation and Order and that within one month after the same shall happen be reported to England [...] [...] that all Lands so Granted and no more shall be allowed to be Registered for that purpose Provided always that Particular [...] [...] shall have full & Generall power to take care that no person or persons shall keep or sell any such Goods without Order from you [...] 3 That any person or persons to whom Land hath been allotted [...] [...] shall have such rights in the absolute possession and occupation thereof [...] to alien or dispose of the same without Order or Consent [...] [...] that such persons shall keep the same in good repair and improvement [...] 4 That all Lands and Tenements whatsoever upon the said Island [...] [...] shall be kept in due order and that no waste be made thereof [...] 5 That no Person or Persons shall presume to buy or sell any Land or Goods without Licence from the Governour and Councill and that all such dealings shall be duly entered and recorded 6 That if any Lands be not improved within a reasonable time the same shall revert to the Company and be disposed of to some other person 7 That care be taken for the preservation of Timber and Woods and that none be cut down without Order 8 That all Planters shall be obliged to reside upon their Lands and not to desert the same without Licence 9 That no person shall be admitted to keep Tavern or Publick house without speciall Licence 10 That all Servants shall be duly employed and none suffered to be idle 11 That no person shall depart from the Island without Licence 12 That all Ships arriving shall give an Account of their Voyage and Goods [...] | The Governor and Council were required to ensure that all land allotments were duly examined and, if found to be correct, officially registered. It was ordered that the revenues from these lands be managed without the extraction of any unauthorised fees or rewards. Care was to be taken to ensure that the ancient land allotments were respected. Any land granted to a free planter by the Company or a commander was subject to strict conditions. If such land were sold, transferred, or if the owner died, the property was to revert to the Company. It was then to be reassigned to another person at the discretion of the Governor and Council, or through an official order. Any such change in ownership was to be reported to England within one month of the event. Only lands specifically granted in this manner were permitted to be registered for that purpose. Furthermore, general power was given to ensure that no person kept or sold Company goods without an official order. Specific rights were granted to those to whom land had been allotted, allowing them absolute possession and occupation. However, they were strictly prohibited from transferring or disposing of the property without the consent or order of the Council. Occupants were required to keep their lands and buildings in a good state of repair and improvement. It was further mandated that all lands and tenements on the island be kept in good order and that no waste be permitted. No person was allowed to buy or sell any land or goods without a licence from the Governor and Council, and all such transactions were to be officially recorded. If any land was not improved within a reasonable timeframe, it was to revert to the Company to be disposed of to another person. To preserve the island’s natural resources, it was ordered that timber and woods be protected and that no trees be cut down without an order. Planters were obliged to reside upon their allocated lands and were not permitted to desert them without a licence. Additionally, no person was allowed to keep a tavern or public house without a special licence. All servants were to be kept in constant employment, and none were to be suffered to remain idle. Finally, no person was permitted to depart from the island without a licence, and all arriving ships were required to provide a full account of their voyage and cargo. Interpretations Tenements: Buildings or dwellings held by an occupant. Antient Allotments: Land holdings established during the early settlement of the island. |
61 | 42 | [...] all in due time be paid out that [...] the Land of him held occupied and enjoyed there [...] shall take care for any person selling disposing of [...] and not otherwise that none presume to sell or dispose of the same without Licence first had and obtained from the Governour and Councill of the said Island and that due Entries thereof be made in the publick Register [...] they are to take care that all Rents and Duties upon the said Lands be duly paid and that no arrears be suffered to remain but that all such sums be duly answered and paid and that they keep exact Accounts of all such Receipts and Payments [...] And that they be careful for the preservation of Timber and Woods and not suffer the same to be wasted or destroyed [...] Vera Copia Teste Robert Blackborne Secrᵗ Wm Blathwayt Secrᵗ | It was directed that all payments be made in due time and that the land held and occupied by any individual be properly managed. Strict care was to be taken regarding the sale or disposal of property; no person was permitted to sell or dispose of their land without first obtaining a licence from the Governor and Council. All such transactions were required to be recorded in the public register. The Governor and Council were further instructed to ensure that all rents and duties associated with the land were punctually paid. No arrears were to be permitted to accumulate, and all sums were to be fully answered and settled. Exact accounts of all such receipts and payments were to be maintained. Additionally, responsibility was assigned for the preservation of timber and woods, with instructions that they must not be wasted or destroyed. The document was certified as a true copy by Robert Blackborne and William Blathwayt, who both served as secretaries. Interpretations Vera Copia Teste: A Latin legal phrase meaning “attested as a true copy”. Duly answered: Formally accounted for or paid in full. |
62 | 43 | Our Governour & Councill att St Helena London 2[4?]: Aprill 1680 [...] of the [...] Company of this ship [...] arrived [...] [...] and having shewn the [...] [...] by the Capt[ai]n [...] [...] and we have [...] and your [...] [...] [...] to the many great [...] we have [...] [...] you have not had that effect your former advices [...] miscarrying and all the failures the Island [...] Wee take notice of yo[u]r sending home the three Ma[le?]nes persons mentioned and desire you to take care that they be tried and punished according to the nature of their offences and that due care be taken upon the Island there to restrain them from future practices of that nature How Dishonest men so shall [...] have them seized and secured [...] being committed at the said place distant and the [...] and causes of their offences so that we had thought fit to have them sent home when they might by the ordinary way their Tryall [...] but wee doubt it is impossible for them to be brought to England in so short a time without a very great charge to the Company [...] [...] that you would have given effectual orders for the prevention of such evills and would send them home which gives them means to escape and evade that any thing of this nature hereafter may happen wee have desired to have strict prohibition thereof and further orders and directions may be taken to all persons under your Government that they make no such attempts and that if any shall be found guilty thereof they be severely punished and that you be very carefull to suppress all such disorders and to give us constant advice thereof [...] [...] 14 Aprill 1680 Tho: Papillon John Moore John Child Tho: Baltham Joseph Heme Vera Copia Examᵗ J Blachmore Secrᵗ Your Loving Friends Robᵗ Thompson Depᵗ Govᵗ Randal Arth: Ashburnham John Page Jeremy Sambrooke Sam: Moyer Sam Ward John Cole | The Governor and Council at St Helena were addressed in a letter from London dated 24 April 1680. It was noted that a Company ship had arrived and that certain matters related to the captain had been reviewed. Concern was expressed that previous advice and instructions had not achieved the intended effect, resulting in several failures on the island and the miscarriage of former plans. Notice was taken of the decision to send home three individuals whose names were mentioned in the correspondence. It was desired that these persons be tried and punished according to the nature of their offences. The Governor and Council were instructed to take care to restrain such individuals on the island to prevent them from engaging in similar dishonest practices in the future. Any such men were to be seized and secured. It was observed that since the offences were committed at such a distance from England, it had been thought appropriate to send the offenders home for trial through ordinary legal channels. However, it was doubted whether it would be possible to bring them to England in so short a time without incurring a very great expense to the Company. The Company expressed a wish that more effectual orders had been given to prevent such evils. It was noted that sending offenders home often provided them with the means to escape or evade justice. To ensure that nothing of this nature occurred hereafter, a strict prohibition was desired. Further orders and directions were to be issued to all persons under the local government to ensure they made no such attempts. Anyone found guilty of such conduct was to be severely punished. The Governor and Council were urged to be very careful in suppressing all such disorders and to provide constant advice to London regarding these matters. The letter, also dated 14 April 1680, was signed by Robert Thompson (Deputy Governor), Thomas Papillon, John Moore, John Child, Thomas Baltham, Joseph Heme, Randal, Arthur Ashburnham, John Page, Jeremy Sambrooke, Samuel Moyer, Sam Ward and John Cole. The document was certified as a true copy by the secretary, J Blachmore. Interpretations Vera Copia Examᵗ: A Latin phrase meaning “a true copy examined”, indicating the transcript had been checked against the original. Advices: Information or formal reports sent from a distance. |
63 | 44 | Our Governour and Councill att St Helena London this 20ᵗʰ of May 1681 44 Wee have yo[u]rs of the 18ᵗʰ of January last by the Falconer advising you received the stores and provisions sent you on the Loyalty the same being specified in the invoices and notes and certified and wee doubt not but you will use the same to the best advantage for the service of the Island wee are glad to hear the Inhabitants (with that [...] care you have taken) are now in a condition to maintaine and defend it without further expectation of being relieved from hence for some years and it will be of great advantage to the Company in their Plantations that the Charge labour and industry of the Slaves may yield an increase of produce as necessary for their own support and subsistence and expectation from you being a better improvement of our large stock whatever in short time shall produce may at least be maintained and not be wasted with adding us to further Expences Wee note yo[u]r proceedings in stating the Accompts of the Stores and Plantations and doe recommend it to yo[u]r care to recover in due time as fast as you can and to establish good order and rules made for the good Government and defence of the Island and Reformation of abuses and bringing to punishment notorious Crimes and disorders therein as may be necessary the saids have also transmitted the [...] declaring yo[u]r mind in prosecution against the offenders now in yo[u]r custody especially concerning how well duly some of them doe performe if wee be not mistaken in our Judgement There hath been many inconveniences arise to yo[u]r Island not observing the Rules prescribed upon good advisement wee make mention of the Distribution and allotment of Grounds settled on the Island wee have for reasons that the same be strictly complied with and that none be suffered to enjoy the propriety unless assigned them under the Seale of the Company and [...] to be freeholders and the Rules and Orders appointed that any be permitted to have more Plantations whether by purchase or otherwise but to keep them in such hands as the rules and of good planting hope and where the plenty and security of the Island may be preserved and advanced and no persons wee desire you to observe strictly in the allotting of Grounds neither to any persons either before or since any agreement with them have been made shall be thought fit hereunto Wee have considered the petitions of Leiv Stokes and Wᵐ [...] whose request wee have reason to approve therein and doe that about their business they be constantly employed in our own Plantations and in the Fishery and that you give them a hand of making the Platforms and Frames now you have the conveniency [...] of such materials and otherwise proper for that Work Wee expect to receive yearly by our servants and ships of yo[u]r your Books of Accompts (perfectly balanced) that wee may see the true state of yo[u]r affairs and what Reformation shall be made in our great charge there / | The Governor and Council at St Helena were addressed in a letter from London dated 20 May 1681. Receipt of their correspondence from 18 January was acknowledged, which had arrived via the ship Falconer. It was noted that the stores and provisions sent aboard the Loyalty had been received as specified in the invoices. The Company expressed confidence that these supplies would be used to the best advantage for the island’s service. Satisfaction was expressed that the inhabitants, through the care taken by the local government, were now in a position to maintain and defend the island without expecting further relief from England for several years. It was emphasised that it would be of great advantage if the labour and industry of the slaves produced enough to provide for their own support and subsistence. The Company expected an improvement in the management of its large stock so that the island could be maintained without incurring further expenses. The proceedings regarding the accounts of the stores and plantations were noted. The Governor and Council were urged to recover any outstanding amounts as quickly as possible and to establish good order. This included the reformation of abuses and the punishment of notorious crimes and disorders. Correspondence had also been transmitted regarding the prosecution of offenders currently in custody. It was observed that many inconveniences had arisen from failing to follow the rules prescribed for the distribution and allotment of land. The Company insisted that these rules be strictly followed. No person was to be permitted to enjoy property unless it had been officially assigned to them under the Company’s seal. Furthermore, regulations were to be enforced to ensure that no individual acquired more plantations than permitted, whether by purchase or otherwise, to ensure that land remained in the hands of those who would maintain good planting standards for the island’s security and plenty. The petitions of Lieutenant Stokes and William [...] were considered and approved. It was directed that they be constantly employed in the Company’s own plantations and in the fishery. They were also to assist in constructing platforms and frames, now that the necessary materials for such work were available. Finally, the Company stated its expectation to receive perfectly balanced account books annually via its servants and ships. This was required so that the true state of affairs and any reductions in the Company’s significant expenses could be properly monitored. Interpretations Plantations: In this context, specific plots of cultivated land or farms rather than large estates. Relieved: Provided with fresh supplies, personnel or financial support from home. Platforms and Frames: Likely refers to heavy timber structures used for mounting cannons (gun platforms) or for building works. Propriety: Ownership or legal right to a property. |
64 | 45 | 45 Wee have received yo[u]rs of the 1[?]ᵗʰ of Aprill and for the agreement made as well the Should have the same allowed and Mr Pyke being already judged and the Wee desire you to be obliged to speak any [...] but the said [...] already stated and this Wee advise may dispose him to continue his service amongst you generally Wee find that kindness from yo[u]r self and respect to the Planters tends much to the promoting and settling of an amicable correspondence amongst you and Wee hope the wee shall not have reason to have cause to leave the Island Till Wee can provide you with another overseer if he be otherwise determined Wee give him his Liberty to returne when upon his Accompts have had his quit state and to settle the ballance due to him thereupon Wee have also The Ships Seamen Appointed bound for Bantam and Counselled for the better management of the Voyage and that you have due regard with all care to the Mariners at Sea and their [...] and other Officers and wee doe desire that what shall become of the said ships that they be left with advantage and the proceeds thereof placed to our Accompts Wee take notice of the defective Carpet returned ill by the Bantam men according to our Orders And for the better carrying of our affairs on the Island Wee have thought fit to discharge Mr [...] from the Employment there and have placed some others being fit persons that he be so discharged from his Employment and returned hither himselfe and the letter and Doe appoint [...] between him and the Company [...] and if any disputes shall arise to be determined by the Governor and Councill and their resolution therein to be observed accordingly Wee have also appointed and settled rules in the managing of the Trade and that you are to sell them now that have quantity of goods to be sold upon any offer in selling or buying of goods from the Company strictly here and allowing all Planters from the burden of hope and that free liberty of Trade may be preserved and maintained for all and discipline necessary preserved at all their Plantations Doe afford and give encouragement thereunto all due encouragement unto the Planters for their respective demeanors Your loving Friends Jeremy Sambrooke Tho: Thompson John Merrick Joseph Herne Richᵗ Boone Walter Helton Sam: Moyer Richᵗ Hutchinson Edward Rudge Tho: Canham Richᵗ Edwards John Cornish John Keeke Beverly Tho: [...] Govᵗ Tho: Papillon Depᵗ Joseph Kecher John Laurence Upon Mr Anthony Beale his surrender of his Employment Wee desire you to cause a strict Accompt to be taken of all that hath come to his hands and that you send his Accompt together with what shall be delivered by him unto the Company Which is to be transmitted hither by the first opportunity and that you be careful for the same as to supply what shall be wanting before the next Shipping and to keep a strict Accompt thereof and to give us a true account what hath been done Josiah Child Govᵗ Tho: Papillon Depᵗ | Acknowledgement was made of the correspondence received from April, and it was directed that the agreed terms be allowed. Regarding Mr Pyke, the desire was expressed that he be encouraged to continue his service. It was noted that kindness and respect shown to the planters by the Governor tended to promote amicable relations on the island. Although it was hoped that the overseer would remain until a replacement could be found, he was granted liberty to return to England if he remained determined to leave. It was ordered that his accounts be finalised and the balance due to him be settled before his departure. Instructions were issued concerning the ships and seamen bound for Bantam to ensure the voyage was managed effectively. Care was to be taken regarding the welfare of the mariners and officers, and it was required that the ships be used to the Company’s advantage, with all proceeds credited to the accounts. Notice was taken of a defective carpet that had been returned by the Bantam men in accordance with standing orders. For the improved management of the island, the discharge of Mr [...] was ordered, and suitable persons were appointed to replace him. He was required to return to England, and it was decreed that any disputes between him and the Company be resolved by the Governor and Council. Rules were established for the management of trade, and it was ordered that Company goods be sold to those who made an offer. It was required that the liberty of trade be maintained for all planters, provided that necessary discipline was preserved. Encouragement was to be given to the planters based on their conduct and behaviour. The letter was signed by Jeremy Sambrooke, Thomas Thompson, John Merrick, Joseph Herne, Richard Boone, Walter Helton, Samuel Moyer, Richard Hutchinson, Edward Rudge, Thomas Canham, Richard Edwards, John Cornish, John Keeke, Beverly, Thomas [...] (Governor) and Thomas Papillon (Deputy Governor). Upon the resignation of Anthony Beale from his employment, it was ordered that a strict audit be conducted of all Company property that had passed through his hands. It was required that his accounts and any items delivered by him be sent to England at the first opportunity. Care was to be taken to address any deficiencies before the next shipping arrived, and a true account of these actions was to be provided to the Company. These additional instructions were signed by Josiah Child (Governor) and Thomas Papillon (Deputy Governor). Interpretations Bantam: A major trading port and Company pepper centre in present-day Indonesia. Quit state: A final, cleared status of accounts where all debts and credits have been settled. |
65 | 46 | Our Governour & Councill att St Helena 46 London the 4ᵗʰ of March 1681 Our last unto you was by the S[e]n[ie?] dated yᵉ 8ᵗʰ May 1681 every of which we refer you unto which will confirm and afterwards [...] you fully Wee have sent by our Ships Rice Servants of yᵉ last dated 1[?] of January by the Society which with the three Ships from the Coast and the Island France and Persia and returned from Bantam laden the time having elapsed In the first place wee shall desire that you lay to heart what is charged particularly as to [...] and to supply what you received and the [...] you made for yo[u]r Derivation from all disorders and new impositions and multiplicity and that those who shall transgress may be punished and that they have from us to think themselves assured of that just favour wee do not suffer them to affront and encourage that none living and thereby yet very extravagant as well at the highest improvidency Wee have been at great charge to obtain and settle that Island and to furnish it with men and stores and that our [...] should not be made by the neglect of our orders would be most unreasonable Wee shall say the Determining of all laws towards yo[u]r Government that if anything may not be made known to you and published you are to follow our Directions and conform yo[u]r selves to them and to make use of our authority and power for the publick good of our affairs in such manner and form as best for the said our Account Wee are resolved to have known and declared upon this occasion and to have seen that every person and particularly the Governour and Councill do their duties in execution and strictly the observance of commands and the application of their authority to find them fitting and for good behaviour and order and that every man do his duty and obey orders and be subject to the Government [...] Wee have also given directions for punishing all such offences and disorders and that such laws and constitutions be carefully observed in executing according to the directions Wee do further enjoin and require that no division nor dissentions be made or arise upon any matters as to the Island between masters and servants and transferring or selling the property whatsoever contrary to our orders and rules and more especially that no servant be forced or made to work in time of sickness or other inability and that due respect be had to humanity and that we expect strict obedience to all our commands and that in all things as to the right of property thereof or disputes thereon you have regard to justice and equity and that we have given orders and instructions for the same to be strictly observed and you are to cause Proclamations to be made for that purpose / | Correspondence was sent to the Governor and Council at St Helena from London on 4 March 1682. Reference was made to the previous letter dated 8 May 1681, the contents of which were confirmed. Although the original document was dated 1681, the year was converted forward to 1682 to account for the modern calendar. It was noted that rice and servants had been sent by the latest ships, and mention was made of three vessels from the Coast, as well as ships from France and Persia, which had returned laden from Bantam. The Governor and Council were urged to take to heart the specific charges regarding the island’s management. Instructions were given to address all disorders and new impositions. It was required that those who transgressed be punished, while those who behaved well were to be assured of the Company’s favour. It was observed that great expense had been incurred to settle the island and furnish it with men and stores, and it was deemed unreasonable for these efforts to be undermined by the neglect of official orders. Regarding the government of the island, it was directed that the Governor and Council follow the instructions provided and conform to them. Authority was to be exercised for the public good and the Company’s interests. It was declared that every person, particularly the Governor and Council, must perform their duties and strictly observe all commands to ensure good behaviour and order. Every individual was required to obey the government and remain subject to its authority. Directions were also provided for the punishment of offences and disorders, with a requirement that all laws and constitutions be carefully observed and executed. It was strictly enjoined that no divisions or dissensions be permitted to arise on the island, particularly between masters and servants or regarding the unauthorised transfer or sale of property. More especially, it was ordered that no servant be forced to work during times of sickness or other inability. Due respect for humanity was expected, and strict obedience to all commands was required. In all matters concerning property rights or disputes, the Governor and Council were to have regard to justice and equity. Finally, it was ordered that proclamations be made to ensure these instructions were publicly known. Interpretations The Society: the name of a specific ship belonging to the East India Company. New impositions: unauthorised taxes, duties or burdens placed upon the inhabitants. Constitutions: the established rules or fundamental principles by which the island was governed. |
66 | 47 | [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] the [...] Island that you [...] the arrival of any Shipping [...] that you suffer no [...] [...] trade [...] without Licence [...] Company or [...] Governour [...] and that you doe [...] care that no Goods [...] or [...] off the said Island without [...] entry [...] thereof in the [...] Register [...] the said Governour may from time to time inform himself [...] the quantity of Goods and Merchandize [...] imported or exported [...] keep exact Accounts thereof and returne the same to us yearly or oftner if required [...] wee doe further require that you cause due observance to be had to all such Orders and Directions as have been sent unto you from time to time [...] regulating of Trade and Government [...] the said Island and that no abuses or disorders be suffered to arise or continue there but that all offenders be punished according to their [...] [...] wee doe further require that you take care that all Rents and Duties due unto the Company be duly answered and paid and that none be permitted to enjoy any Lands or Plantations but such as shall have right thereunto and that they pay such Rents and perform such Services as are due and required [...] wee doe further require that you take care for the preservation of Timber and Woods upon the said Island and that none be suffered to cut or destroy the same without Licence and that such as shall offend therein be punished [...] wee doe further require that you take care that all Servants and Slaves be well used [...] not [...] and that they be provided with necessary [...] and clothing and that they be not forced to labour in time of sickness or infirmity [...] wee doe further require that you take care that all such as shall be sent from hence to serve upon the said Island be duly employed and that their time of service be observed and that they be not wronged or abused by any person whatsoever [...] wee doe further require that you send unto us yearly a true and perfect Accompt of all your proceedings and [...] the state of the Island and of all Goods and Merchandize received and disposed of and of all Rents and Duties received and paid and of all other matters relating to the said Island Wee [...] by Mr [...] his letter that some have [...] [...] their duty and that some disorders have happened amongst the people [...] wee are sorry to heare and doe expect that you will take due care to reforme the same and to punish the offenders and to prevent the like for the future [...] recommending these matters to your care and diligence wee remaine Your [...] friends James Ward Richard Hutchinson Edward Rudge John Child Tho: Papillon W[illia]m Sedgwick John Cole Josiah Child Governᵗ Thomas Papillon Depᵗ Joseph Ashe John Laurence James Ward George Sambrooke Joseph Herne John Morden Thomas Canham | It was required that no shipping be permitted to trade without a licence from the Company or the Governor. Care was to be taken that no goods were moved on or off the island without an official entry being made in the register. This was intended to allow the Governor to inform himself of the quantity of merchandise imported or exported. Exact accounts were to be maintained and returned to London annually, or more frequently if requested. Further observance was required of all orders and directions previously sent concerning the regulation of trade and government. No abuses or disorders were to be suffered to arise or continue, and all offenders were to be punished according to their actions. It was also required that all rents and duties due to the Company be duly answered and paid. No persons were to be permitted to enjoy any lands or plantations unless they had a legal right to them, and they were expected to pay the required rents and perform the necessary services. Responsibility was assigned for the preservation of timber and woods. No person was to be suffered to cut or destroy them without a licence, and those who offended in this matter were to be punished. Furthermore, it was required that all servants and slaves be well treated and not abused. They were to be provided with necessary food and clothing and were not to be forced to labour during times of sickness or infirmity. Instructions were given to ensure that all individuals sent from England to serve on the island were duly employed. Their designated time of service was to be observed, and they were not to be wronged or abused by any person. A true and perfect account of all proceedings was to be sent to London yearly, including the state of the island, a record of all goods received and disposed of, and a summary of all rents and duties received and paid. It was noted from a letter received from Mr [...] that some individuals had neglected their duty and that disorders had occurred among the people. Regret was expressed regarding these reports, and it was expected that due care would be taken to reform these abuses, punish the offenders, and prevent similar incidents in the future. The letter was signed by Josiah Child (Governor), Thomas Papillon (Deputy Governor), James Ward, Richard Hutchinson, Edward Rudge, John Child, William Sedgwick, John Cole, Joseph Ashe, John Laurence, George Sambrooke, Joseph Herne, John Morden and Thomas Canham. Interpretations Duly answered: formally accounted for or paid in full. Time of service: the specific duration of an indentured servant’s contract or a soldier’s enlistment. |
67 | 48 | By the Governour and Company of Merchants of London trading into the East Indies To all to whom these presents shall come greeting Whereas our said Soveraigne Lord the King most Excellent Majesty by his Letters Pattents bearing Date the 16ᵗʰ of December in the 29ᵗʰ year of his Reigne hath granted unto the Governour and Company of Merchants of London trading into the East Indies and their Successors that the said Governour and Company shall have and enjoy the said Island of St Helena [...] and the [...] thereof [...] [...] to make and establish Laws and Ordinances [...] for the Government of the said Island and the Inhabitants thereof and for the due and impartiall Administration of Justice [...] his said Majesty further hath given and granted [...] Now know all men that we the said Governour and Company of Merchants of London trading into the East Indies having duly considered the premises and the great charge wee have been at in the settlement of the said Island and the necessity of good Government there have thought fit to ordain constitute and appoint and by these presents do ordain constitute and appoint [...] our Governour and Councill [...] [...] to make ordain constitute and appoint such Laws and Ordinances as shall be necessary for the Government of the said Island and for the good rule and ordering of the Inhabitants thereof and for the due Administration of Justice [...] [...] And wee do hereby further ordain and appoint that the said Governour and Councill shall have power [...] to punish all offenders according to their demerits and to execute all such Laws and Ordinances as shall be made as aforesaid And wee do hereby further declare and appoint that all and every person and persons whatsoever that shall inhabit or reside upon the said Island shall be subject to the Government and Laws thereof and shall yield due obedience thereunto [...] And wee do hereby ordain constitute and appoint that the said Governour and Councill shall take care that the true Protestant Religion and Worship of God be duely observed and maintained in the said Island and that all persons shall duly frequent the publique worship of God [...] Teste [...] | The Governor and Company of Merchants of London trading into the East Indies issued a formal greeting to all parties concerned. It was noted that King Charles II, by his Letters Patent dated 16 December in the twenty-ninth year of his reign, granted the Company and their successors the possession and enjoyment of the island of St Helena. This grant included the authority to establish laws and ordinances for the government of the island and its inhabitants, and for the impartial administration of justice. Having considered these premises and the significant expense incurred in the settlement of the island, the Company ordained and appointed a Governor and Council. They were empowered to create such laws and ordinances as were necessary for the good rule of the inhabitants and the proper administration of justice. It was further ordained that the Governor and Council possessed the power to punish all offenders according to their deserts and to execute all laws made under this authority. It was declared that every person inhabiting or residing upon the island was subject to its government and laws and was required to yield total obedience to them. Finally, it was appointed that the Governor and Council ensure the true Protestant religion and the worship of God be duly observed and maintained. It was required that all persons regularly attend public worship. Interpretations The twenty-ninth year of his reign: 1677, as Charles II officially dated his reign from the death of Charles I in 1649. Demerits: in this legal context, the specific nature or degree of an individual’s offences or misconduct. |
68 | 49 | Wee doe direct Order and Appoint That the Lords Day be observed [...] from all [...] and Servile [...] [...] and that all Servants and Apprentices [...] and That our Governour and Councill take care that not only to appoint one or more able Ministers or Teachers for the Worship of God but that all persons shall be obliged to attend and give in the following Exercises of Religion [...] Prayer, Reading the Word, hearing Sermons upon all occasions and times and Administration [...] of Baptizing and the Lords Supper and shall also be [...] to encourage the Ministers in the Dis[...] [...] their Duties and that frequent and constant Attendance on the Ordinances and that all be done with due Reverence and solemnity and decency and order and if there shall happen to be no Minister upon the said Island that they shall in such manner Assemble together on the Lords Day and use such [...] as the Governour and Councill shall [...] concerning the Observation of the Holy Scriptures and some fit Person or Persons to read the Word and such other Duties to be performed as they in their Christian Prudence shall think fit That in the meantime the Ministers or Teachers Discharge the Duties of Prayer in Absence of a Ministry to be maintained and that our Service and the Kings Majesty be duly prayed for and prosperity of his Kingdoms and also for the good and Welfare of the English East India Company and also that on the Sabbath especially every Lords Day at or near such time as may be most convenient [...] [...] read or some times in place thereof the said [...] called Athanasian Creed also the Ten Commandments and the out of the 20ᵗʰ Chapter of Exodus together with the Summary as it is contained in the 22ᵈ Chapter of St Matthews Gospel v.37.38 39 and 40 Verses be read unto the People That when there is a Minister resident in the said Island then the Minister once in every week at the least upon the said Day or some other day shall Visit the Youth and younger people and instruct them in the Principles of the true Christian Religion [...] that the People may be well grounded in the [...] [...] and be able to give a Reason of the Hope that is in them and to maintain the said Religion against all Errors and [...] whatsoever and that the said Catechizing shall be appointed by our Governour and Councill and be duly performed Secondly touching the Administration of Justice and Con[...] Wee doe direct and Appoint That in all Cases whatsoever [...] impartially without favour or affection That none be deprived or dispossessed of any Lands or Tenements or other Estate whatsoever or suffer any corporal punishment [...] before by a Jury of Twelve men as near as may be directed unless in such Cases as are allowed particularly or shall be otherwise declared by some Law to be made for the said Island or by the Courts of Judicature | It was directed and appointed that the Lord’s Day be observed through the cessation of all servile labour. The Governor and Council were required to appoint one or more capable ministers or teachers for the worship of God. All persons, including servants and apprentices, were obliged to attend religious exercises, including prayer, the reading of the Word, and the hearing of sermons. The administration of baptism and the Lord’s Supper was to be maintained, and ministers were to be encouraged in the discharge of their duties. It was required that all religious ordinances be performed with reverence, solemnity, and decency. In the event that no minister was resident on the island, the inhabitants were still required to assemble on the Lord’s Day to hear the Holy Scriptures read by a suitable person appointed by the Governor and Council. Instructions were given that, in the absence of a ministry, prayers must still be offered for the service of the King and the prosperity of his kingdoms, as well as for the welfare of the English East India Company. On the Sabbath, it was required that the Athanasian Creed and the Ten Commandments from the twentieth chapter of Exodus be read to the people, together with the summary of the law contained in the twenty-second chapter of St Matthew’s Gospel. It was further ordered that any resident minister visit the youth and younger people at least once a week to instruct them in the principles of the Christian religion. This catechising was intended to ensure the people were well grounded in their faith and able to defend it against errors. The Governor and Council were charged with appointing and overseeing these educational duties. Regarding the administration of justice, it was appointed that all cases be handled impartially, without favour or affection. It was decreed that no person be deprived of their lands, tenements, or estate, nor suffer any corporal punishment, without a trial by a jury of twelve men. This rule was to be strictly followed unless otherwise specifically allowed by a law made for the island or by the courts of judicature. Interpretations Servile: relating to physical labour or work typically performed by servants or slaves. Ordinances: established religious rites or ceremonies, such as Holy Communion. Catechising: the practice of providing religious instruction through a series of questions and answers. Courts of judicature: the formal legal system or bodies responsible for the administration of justice on the island. |
69 | 50 | [...] be from the aforesaid upon any [...] [...] or by Reason of the [...] or [...] [...] the Government and Publick Peace [...] [...] in the Government and in case the said [...] [...] what the said [...] and that all be found [...] upon such [...] the said [...] may use [...] the Discharge from the said [...] And the same shall [...] that no [...] shall be made Thirdly And for the better settling and Dispatching Affairs wee direct and appoint That there shall be appointed [...] [...] the Councill from time to time to transact such matters as shall be committed unto them by the said Governour and Councill and that they shall from time to time give an Account unto the Governour and Councill of their proceedings [...] [...] which said Officers [...] [...] shall be appointed by the said Governour and Councill for the better ordering of the said Island and affairs thereof and that they shall have power to hear and determine all matters and causes as well Civil as Criminal according to such Laws and Orders as are or shall be established [...] [...] [...] that due Obedience shall be given unto the Governour and Councill and to all Officers by them appointed and that all persons shall conform themselves to such Orders Instructions and Directions as they shall from time to time receive from the said Governour and Councill [...] [...] and that all persons shall be ready and assisting to the said Governour and Councill and all Officers in the due execution of their Offices [...] And that all persons shall behave themselves dutifully and in obedience to His Majesties Authority and the Laws of this Island according to good order and Government [...] [...] that notice be given of all offences [...] and that due punishment be inflicted upon offenders according to their demerits [...] | Instructions were issued for the maintenance of the government and public peace. It was directed that the Governor and Council possess the authority to discharge individuals from their positions if found necessary for the proper conduct of affairs. It was further ordered that no unauthorised actions be taken against the established government. For the improved management and dispatch of business, it was appointed that a council be established to transact such matters as were committed to them. These officers were required to provide a regular account of their proceedings to the Governor and Council. The Governor and Council were empowered to appoint the necessary officers for the better ordering of the island. These officials were granted the power to hear and determine all legal causes, whether civil or criminal, in accordance with the established laws and orders. It was strictly required that due obedience be given to the Governor, the Council, and all officers appointed by them. All residents were commanded to conform to the instructions and directions received from the local government. Furthermore, it was mandated that all persons be ready to assist the Governor, the Council, and their officers in the execution of their official duties. Every individual was expected to behave dutifully and in obedience to the King’s authority and the laws of the island. Finally, it was ordered that notice be given of all offences so that due punishment might be inflicted upon offenders according to the nature of their misconduct. Interpretations Civil as criminal: refers to the two main branches of law, the former dealing with private disputes between individuals and the latter with offences against the public or state. Demerits: the specific nature or degree of an individual’s offences or misconduct. |
70 | 51 | That all the Civill Causes of this Island wherein the Governour and Councill shall be Judges shall be issued and tryed [...] for the hearing deciding and determining of all Civill and [...] matters between party and party and shall determine matters in that our Jurisdiction as from time to time by the said Laws [...] That the said Court shall sit once every week or oftner as occasion shall require and that the Judge shall take care that all proceedings and sentences be duly recorded or registred in books to be kept for that purpose [...] that all Officers requisite for the said Court be appointed from time to time by the Governour and such Ministers and reasonable Fees as may be necessary for the maintenance and not burthensome to the people and that no Warrant shall be issued but what shall be signed by the Judge or such Officer and shall be set up in the [...] and that no [...] or demand for any thing [...] that shall be done then in the said [...] or shall [...] the execution of [...] [...] or shall offer to delay the proceedings [...] shall be punished [...] double damages to the party [...] That all tryals at the said Court be by a Jury of 12 men to be summoned by the Provost or other Officer of the Island and the Jury to be tryed and sworn in common form and that every man is to take his oath on the holy word of God that he will well and truly try the matter in question between the parties and according to Evidence give good verdicts and the Laws established So help you God Fourthly And to the intent of Reformation Morality and that Vice may be restrained and Virtue encouraged and promoted and that all men may be known what is due and what punishments are inflicted Wee doe ordain and appoint that all and every person and persons that shall prophanely swear or curse or use prophane language or behave themselves in an unseemly manner shall for the first offence be only reproved and admonished but for every such offence afterwards shall be fined at the discretion of the Governour and not exceeding the value of [...] for one offence That all Swearing and taking the Name of God in vain be severely punished and that any person that shall be found guilty thereof shall for the first offence be punished by the Governour and Councill and for every such offence afterwards shall be fined not exceeding the value of [...] for one offence That all intemperance and Drinking be abstained from and that none shall keep any Alehouse or Tavern without Licence from the Governour and Councill and that no person shall be suffered to sell or give any strong Drink to any Servant or Slave without leave of his Master and that any person offending herein shall be punished at the discretion of the Governour and Councill [...] not exceeding the value of [...] for one offence [...] that if any person shall strike or abuse another he shall pay [...] damages to the party injured [...] | It was directed that all civil causes on the island be heard and determined by the Governor and Council. A court was established for the deciding of matters between parties within that jurisdiction, according to the laws provided. This court was required to sit once every week, or more frequently as the situation demanded. It was ordered that the judge ensure all proceedings and sentences were duly recorded in books kept for that purpose. All necessary officers for the court were to be appointed by the Governor. It was mandated that any fees charged for the maintenance of these officials be reasonable and not burdensome to the inhabitants. No warrant was to be issued unless signed by the judge or a designated officer. Furthermore, it was ordered that any person who attempted to delay proceedings or interfere with the execution of the court’s orders be punished and required to pay double damages to the injured party. It was appointed that all trials in the court be conducted before a jury of twelve men, summoned by the provost or another island officer. The jury was to be sworn in the common form, with every man taking an oath upon the Holy Word of God to truly try the matter in question and provide a verdict based on the evidence and the established laws. For the reformation of morality and the encouragement of virtue, ordinances were issued to restrain vice and clearly state the punishments for misconduct. It was ordained that any person who used profane language or behaved in an unseemly manner be reproved and admonished for a first offence. For subsequent offences, a fine was to be imposed at the discretion of the Governor. Strict punishments were also established for swearing or taking the name of God in vain. Instructions were given to prevent intemperance and excessive drinking. No person was permitted to keep an alehouse or tavern without a licence from the Governor and Council. Furthermore, the sale or gift of strong drink to any servant or slave without the master’s permission was strictly prohibited. Any person found offending against these rules was to be punished at the discretion of the Governor and Council. Finally, it was ordered that anyone who struck or abused another person be required to pay damages to the injured party. Interpretations Civil causes: legal cases relating to ordinary private matters, such as debts or property disputes, rather than criminal acts. Provost: the officer responsible for maintaining order and summoning individuals to court. Servile: relating to physical labour or work typically performed by servants or slaves. Common form: the standard or traditional procedure for administering a legal oath. |
71 | 52 | 4 That all fornications Adulteries and all [...] and filthy facts be by them guilty and convicted of the same by confession or by due proof by two or more Witnesses and if the offenders do not reform and amend their lives then continue and frequent the same in such a degree that they seem to grow more impious and addicted to the habits of the same and not amended by the Laws and Statutes of these and become incorrigible 5 That no man doe steale or take from another that which doth not belong to him and that if any person be by due conviction found guilty of a Theft that he shall restore away any thing so taken from the right owner of the same whensoever it may be found or by searching or otherwise [...] and further that if any shall be found guilty or convicted thereof he shall be punished to the Laws from whence the offence of this nature shall arise [...] whatever he shall have gotten or taken shall be restored to the owner and all damages shall be repaired by the offender and that if any person be found guilty in a second offence and shall not reform the punishment shall be more severe to the discretion of the Governour and Councill and for the third offence and continuance of the same he shall be [...] by the Laws for England [...] That if any person or persons shall commit any felony whatsoever and shall be convicted thereof he shall receive punishment according to the Laws of England and in case any question or doubt shall arise touching the same it shall be referred to the Governour and Councill for their determination and resolved according to the Laws and Statutes of England and that all proceedings therein shall be directed according to justice and equity and for the preservation of peace and good order in the Island and for the better Government of the same That any person that shall counterfeit any Deed or Deeds Writing or other papers or by any device or means whatsoever obtain goods or moneys and thereof be convicted he shall be punished according to the quality of the offence and shall be further made incapable to bear any office or place of trust within this Island and shall make full restitution to the party wronged for all damages sustained [...] | It was ordered that all instances of fornication, adultery, and other immoral acts be addressed. Those found guilty by confession or the testimony of two or more witnesses were to be convicted. If offenders failed to reform and grew more impious or addicted to such habits, they were to be treated as incorrigible under the established laws and statutes. Regarding the theft of property, it was decreed that no man take that which did not belong to him. Any person found guilty of theft was required to restore the stolen items to the rightful owner. In addition to returning what was taken, the offender was held liable for all damages. It was mandated that punishment for a second offence be more severe, at the discretion of the Governor and Council. For a third offence, the individual was to be dealt with according to the laws of England. It was further directed that any person committing a felony receive punishment in accordance with English law. In cases where questions or doubts arose concerning such crimes, the matter was to be referred to the Governor and Council for a determination based on the laws and statutes of England. All proceedings were required to be directed by the principles of justice and equity to preserve peace and good order on the island. Provisions were also made for the punishment of fraud and forgery. Any person convicted of counterfeiting deeds, writings, or other papers, or using any device to obtain goods or money, was to be punished according to the severity of the offence. Such individuals were to be rendered incapable of holding any office or position of trust on the island and were required to make full restitution to the wronged party for all damages sustained. Interpretations Incapable to bear any office: a legal bar preventing an individual from holding public or administrative positions. Quality of the offence: the specific nature, severity, or circumstances surrounding a particular crime. |
72 | 53 | In case any Ship or Vessel or Boat shall come into this Island or shall be found within the Harbour or Roads thereof and shall not bring with her any person bringing order from any person or persons or from any Governor or Commanding Officer in England or elsewhere or that shall make stay within the same Island contrary to such Orders or without Licence from the Governour and Councill of this Island for breach of this order he shall give not to exceed the sum of 20s for any one offence If it shall happen that any person or persons shall be guilty of any crime or offence that shall deserve death or other punishment [...] according to the Laws of England In case any person shall resist or oppose or go about the execution of this or any other Law or Order he shall be fined at the discretion of the Governour and Councill or be otherwise punished as the case shall require and all Officers shall be aiding and assisting in the execution of the same and that no person do presume to resist or oppose the execution of any lawful Authority March 1681 Wee doe ordain Establish and appoint that in every place where any English inhabitants shall reside within this Island there shall be a sufficient number of persons appointed for the better Government and ordering of the said Island and that every person shall conform themselves to such Orders and Constitutions as shall be made Thirdly And for the better ordering and governing the Peace of the said Island for suppressing all Disorders and preventing the same Wee doe ordain enact and appoint 1 That noe person whatsoever shall presume or attempt to strike his Governour or any Officer in authority nor to use any reproachfull speeches or behaviour towards him or them but that all due respect and obedience be given unto the Governour and all Officers and that all persons shall behave themselves with all humility and submission and that all offenders herein shall be punished at the discretion of the Governour and Councill 2 That if any person or persons shall neglect his duty or depart from his place or station without Licence or shall be absent from his charge without lawful cause or shall commit any neglect or omission in the discharge of his duty whereby any prejudice or damage shall arise to the Governour or any of his Majesties subjects that then such person shall be punished according to the nature of the offence at the discretion of the Governour 3 That if any person or persons shall use or exercise any unlawful games or pastimes within this Island or shall be found tippling or drunken or behaving themselves in any disorderly manner or shall make any affray or disturbance of the Peace or shall break any of the Orders or Constitutions made for the good Government of this Island that then such offenders shall be punished according to the quality of the offence and the same shall be executed [...] | Ships were prohibited from entering the island or being found within the harbour or roads without a person bringing formal orders from a Governor or Commanding Officer in England or elsewhere. Making a stay contrary to such orders or without a licence from the Governor and Council was forbidden, with breaches carrying a fine not exceeding 20s for any one offence. Any person guilty of a crime deserving death or other punishment was to be dealt with according to the laws of England. Resistance to the execution of any law or order was to be punished at the discretion of the Governor and Council, and all officers were required to be aiding and assisting in the execution of the same. A section dated 1 March 1681 ordained that in every place where English inhabitants resided, a sufficient number of persons were to be appointed for the better government and ordering of the island. Every person was required to conform to the established orders and constitutions. Regarding the maintenance of peace and suppression of disorders, it was enacted that no person should attempt to strike the Governor or any officer in authority, nor use reproachful speech or behaviour towards them. Instead, all were to behave with humility and submission, and offenders were to be punished at the discretion of the Governor and Council. Furthermore, any person who neglected their duty, departed their place or station without a licence, or was absent from their charge without lawful cause was subject to punishment, especially if such neglect resulted in prejudice or damage to the Governor or the King’s subjects. The exercise of unlawful games or pastimes, tippling, drunkenness or any disorderly behaviour that disturbed the peace or broke the island’s constitutions was also prohibited. Such offenders were to be punished according to the quality of the offence. Interpretations [... any person bringing order]: This probably refers to a Commission or a Warrant, which would be the formal document required to authorise a ship’s arrival or a passenger’s landing. [... deserve death or other punishment]: The missing text here almost certainly refers to Loss of Life or Limb, a standard legal phrase of the period used to categorise the most severe physical penalties. [... and the same shall be executed]: This gap probably refers to the Provost or Marshal, the specific officer tasked with carrying out the physical punishments or collecting the fines ordered by the court. |
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75 | 54 | Accordingly unless the Governour with the advice of the Major part of the Military Officers shall permit that any part of the same 4 That there be no unlawfull expence of any powder shot ammunition or other stores in the said Island nor any imbez[...] ment of the publick stores nor if any shall imbezell or steal any powder shot ammunition or other stores and shall the same forthwith be upon due tryall or lawful conviction be declared guilty thereof he shall be liable to receive such punishments as by the Laws and Orders of this Island shall be inflicted upon offenders in such cases and also to make restitution for the same and to be imprisoned for such time not exceeding six months or to suffer such corporal 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 If any person or persons shall make any insurrection or rebellion or any hostile manner without the special command of the Governour or of such as have authority from him (except it be upon the command from the Governour to withstand an invasion) and contrary to the orders and discipline of the said Island or if any person shall conspire or betray or deliver up the Island or any part thereof or shall hold intelligence or any correspondence with any person or persons in hostility to the King of England or endeavour by any false declaration rumours or otherwise to raise or stir up sedition within the said Island he or they shall be punished with death or such other punishment as by the Laws of England or by the said Island is provided and such offenders shall be proceeded against accordingly and all such traitors or offenders shall be deemed enemies to the Crown of England and proceeded against as such And whereas severall English ships have of late come into this Island upon pretence of trade and have not conformed to the rules and orders established for the government thereof but have traded with all sorts of persons and in a clandestine way carried away divers goods and merchandizes of the said Island and have not paid to his said Majesties Royall Customes or duties according to Law For prevention whereof and to the end such abuses may be reformed and prevented for the future we have thought fit to declare and appoint that no ship or vessel whatsoever shall trade within this Island without licence first had and obtained from the Governour and Councill of the same and that all Masters of ships and merchants resorting to the said Island shall conform themselves to such orders and constitutions as shall be made for the regulation of trade and commerce therein and shall duly pay all customes and duties according to the Laws and Statutes of England and of this Island And that all offenders herein shall be punished according to the quality of their offences and that all such goods as shall be unlawfully traded or conveyed away shall be forfeited and seized for the use of his said Majestie [...] | It was ordered that no powder, shot, ammunition, or other stores belonging to the public be unlawfully expended or embezzled. Any person found guilty after a trial or lawful conviction of embezzling or stealing such stores was to be liable for the punishments established by the laws of the island. These penalties included making full restitution, imprisonment for a period not exceeding six months, or corporal punishment, provided it did not result in the loss of life or limb. The specific sentence was to be determined by the Governor with the advice and consent of the majority of his Council. Strict regulations were also established concerning insurrection and rebellion. No person was permitted to engage in hostile actions without the specific command of the Governor or his authorised officers, except when commanded to withstand an invasion. Any individual who conspired to betray or deliver up the island or any part of it, or who held intelligence or correspondence with enemies of the King of England, was to be punished. This also applied to anyone who used false declarations or rumours to stir up sedition. Offenders were to be treated as enemies to the Crown of England and faced the penalty of death or other punishments provided by the laws of England or the island. The Company noted that several English ships had recently arrived at the island under the pretence of trade but had failed to conform to the established rules. These vessels had traded clandestinely with various persons and moved goods off the island without paying the Royal customs or duties required by law. To prevent such abuses in the future, it was declared that no ship or vessel was permitted to trade at the island without first obtaining a licence from the Governor and Council. All ship masters and merchants were required to conform to the regulations made for trade and commerce and to pay all duties according to the statutes of England and the island. Any person offending against these rules was to be punished according to the quality of their offence, and any goods unlawfully traded or moved were to be forfeited and seized for the use of the King. Interpretations Imbez[...]ment: This is interpreted as embezzlement, referring to the theft or misappropriation of public stores. Major part: This refers to the majority of the military officers or the Council members. Quality of their offences: This probably refers to the specific nature or severity of the crime, which determined the level of punishment. |
76 | 55 | Wee the said Governour and Company of Merchants of London trading into the East Indies Doe hereby strictly charge and command that none of the ships belonging to the said Company nor any other persons whatsoever inhabiting or resorting to the said Island that they or any of them doe not presume at any time hereafter to traffick trade or have any dealing with any way reliefe or supply with any ships or persons belonging to any ship or vessell that shall come to the said Island untill such time as our Governour of the said Island have allowed and permitted such ship or vessell and the persons therein belonging to come and refresh themselves on the said Island upon paine of [...] and that every such person so offending shall pay the sum of twenty pounds sterling to the use of the said Company upon pain of twenty pounds for every such offence And Wee doe further ordain and strictly charge and require our said Governour of the said Island that he doe not give warrant or licence to trade or traffick on the said Island to any person or persons or vessell or any persons belonging to any ship or vessell that shall come to the said Island without express order and direction from us or from those that shall have authority from us and that if any such trade or traffick shall happen or be used or exercised within the said Island that then the said Governour shall cause all such goods and merchandizes so traded or brought into the said Island in any way delivered or used to be seized and secured to the use of the said Company and also to cause all such persons so trading or trafficking to be apprehended and imprisoned and to be proceeded against according to the Laws and Orders of this Island And Wee doe further order and appoint that if any person or persons shall presume to sell barter exchange or otherwise dispose of any goods or merchandizes belonging to any of the said ships or vessells without licence from the Governour of the said Island that then all such goods shall be forfeited and seized to the use of the said Company and the offenders therein shall be punished at the discretion of the Governour and Councill And Wee doe further declare and ordain that the said Governour shall from time to time take special care that none of the inhabitants of the said Island nor any other person or persons shall have any private trade or commerce with any strangers or foreigners without licence first had and obtained from the said Governour and Councill upon pain of such punishment as shall be inflicted according to the Laws and Orders of this Island And lastly Wee doe hereby require and command that the said Governour and all other Officers and Ministers belonging to the said Island shall be diligent and careful in the execution of all and every the Orders and Constitutions herein contained and that they shall from time to time give us an account of their proceedings therein and of the state and condition of the said Island and of all matters concerning the same [...] | The Governor and Company of Merchants of London trading into the East Indies issued a strict command that no ships belonging to the Company, nor any inhabitants or visitors to the island, were to engage in any traffic, trade, or dealings with any vessel or its crew until the Governor had formally permitted them to come ashore and refresh themselves. Any person who broke this order was to be fined twenty pounds sterling for each offence, with the money being paid to the Company. The Governor was further required not to grant any warrant or licence for trade to any person or vessel without express orders and directions from the Company in London or those authorised by them. If any such unauthorised trade occurred, the Governor was ordered to seize and secure all goods and merchandise involved for the Company’s use. Furthermore, those found trading were to be apprehended, imprisoned, and prosecuted according to the laws and orders of the island. It was also ordered that if any person presumed to sell, barter, exchange, or otherwise dispose of goods belonging to any ship without the Governor’s licence, those goods were to be forfeited to the Company. The offenders in such cases were to be punished at the discretion of the Governor and Council. The Governor was instructed to take special care that none of the island’s inhabitants or any other persons engaged in private trade or commerce with strangers or foreigners without a licence from the Governor and Council. Those who violated this rule faced punishment under the island’s established laws. Finally, the Governor and all other officers and ministers on the island were commanded to be diligent in executing these orders and to provide regular accounts of their proceedings and the general state of the island to the Company. Interpretations paine of [...]: This probably refers to a phrase such as “paine of imprisonment” or “paine of further penalty”, indicating a physical or legal punishment in addition to the specified twenty-pound fine. way reliefe or supply: This is interpreted as “by way of relief or supply”, referring to the provision of food, water, or naval stores to visiting ships. strangers or foreigners: In this context, this refers to any persons or ships not directly employed by or authorised by the East India Company, including those from other nations or independent “interloper” vessels. |
77 | 56 | And Merchandize as shall be so delivered into his hands and cause two Coppies att least book thereof to be truly Registred out and attested & give one to the said Shipma[...] att the least and send one of those Coppies to Us by the next Opper[...]ty to the End that after wee have advised the same Wee of Ex[...]ent Maj[...] thereof Wee may give you further order touching the disposi[...] of such Ships and goods so delivered into his hands aforesaid Provided always that upon the coming of any Engli[...] Ship or Ves[...] not in our service to be before the said Island of St Hele[...] if it shall appear to our said Governour thereof that the said Ship or Ves[...] hath bin trading only to Madagas[...] or the parts Adjacent for Negroes or Slaves and hath not come thither to trade for our said Govern[...] to give unto such Ship or Ves[...] leave and licence to come into and refresh themselves and every of them and persons whatsoever thereunto belonging freely of all tolls and charges and of having and receiving any manner of Refre[...] in the said Island or written from and to trade thereupon upon such terms or Agreem[...] as our said Governour shall in his discre[...] think fit to make with them any thing herein before contained to the contrary in any wise not= =withstanding Given under our Common Seale the day and Year first above written | It was ordered that all merchandise delivered into the Governor’s hands be recorded, with at least two copies of the ledger truly registered and attested. One of these copies was to be given to the shipmaster and another sent to the Company by the next opportunity. This was required so that after the Company had advised on the matter and consulted the King’s Majesty, further orders could be given regarding the disposal of the ships and goods held. A specific provision was made for any English ship or vessel not in the Company’s service that arrived at St Helena. If it appeared to the Governor that such a ship had been trading only to Madagascar or adjacent parts for slaves and had not come to the island to trade in goods, the Governor was authorised to grant the vessel and its crew leave to enter and refresh themselves. In such cases, the crew members were permitted to be free of all tolls and charges and could receive any manner of refreshment from the island. They were also allowed to trade upon such terms or agreements as the Governor in his discretion thought fit to make with them, notwithstanding any other orders to the contrary. These orders were given under the Common Seal on the day and year first written in the document. Interpretations Shipma[...]: This is interpreted as shipmaster, the officer in command of a vessel. Opper[...]ty: This is interpreted as opportunity, referring to the next available ship sailing for England. Ex[...]ent Maj[...]: This is interpreted as Excellent Majesty, a formal reference to the King of England. disposi[...]: This is interpreted as disposition, referring to the legal arrangement or sale of the goods and vessels. Madagas[...]: This refers to Madagascar, which was a primary source of slaves for the island during this period. Refre[...]: This is interpreted as refreshment, typically meaning fresh water, meat, and vegetables for a ship’s crew. discre[...]: This is interpreted as discretion, granting the Governor the power to negotiate individual terms for these specific visits. |
78 | 57 | Our Governour of St Helena London 14th March 1681 What is further Nec[...]ary to our Aff[...] Wee have written att large in our Generall Lett[...] to you and Councill bearing date hereof whereunto Wee ref[...] youe and therefore think it is here you need not to trouble your sel[...] further then that Wee shall now againe renew our former direct[...] that you take spec[...] care well what our honour and Inter[...] is from time to time and that you have a constant eye thereunto to keep up the reputa[...] of our said Island and that all disord[...] and irregularities may be prevented and those that are commi[...] duly punished according to Justice and good Government which must necessarily depend upon your care and dili[...] therein and the good Exa[...] you give to those under your Charge Wee have sent you some further Instr[...] relating to the manage[...] of the Island and the Trade thereof which Wee expect you carefully to observe and put in execu[...] and Wee doubt not but by your prudent manage[...] and conduct things will be brought into a better posture and the Inhabi[...] kept in good order and obedie[...] to our Authority You will see by our said Instr[...] that Wee have thought fit to settle some Rules and Orders for the better regulating the Trade and Commerce of the said Island and for preventing all abu[...] and irregularities therein which Wee expect you will take care to see duly observed and executed You are likewise to take care that the Inhabi[...] do not give any just cause of compl[...] to those that shall come to trade there and that they behave themselves with civility and good usage towards all per[...] and that no injury be done to any Wee recom[...] unto you the good Government of the Island and the welfare of the Inhabi[...] and doubt not but that you will use your utmost endeavours to promote the same and to render our said Island as flour[...] and benefi[...] as may be Wee are Your loving Friends [...] | The Governor and Company of Merchants of London sent a letter from London dated 14 March 1682 to the Governor of St Helena. They noted that they had written at length in a general letter to the Governor and Council of the same date, which contained the necessary details concerning their affairs. The Governor was urged to focus on the instructions provided and to renew his commitment to protecting the honour and interests of the Company. Constant care was required to maintain the reputation of the island and to ensure that all disorders and irregularities were prevented. Those who committed offences were to be duly punished according to the principles of justice and good government. The Company emphasised that the success of the island depended upon the diligence of the Governor and the good example he set for those under his charge. Further instructions were sent relating to the management of the island and its trade, which the Governor was expected to observe and execute carefully. The Company expressed its expectation that through prudent management and conduct, affairs would be brought into a better state and the inhabitants would remain in good order and obedient to the Company’s authority. These instructions included rules and orders for regulating trade and commerce to prevent previous abuses. The Governor was also directed to ensure that the inhabitants gave no just cause for complaint to those who came to the island to trade. They were required to behave with civility and provide good usage to all persons, ensuring no injury was done to anyone. The Company recommended the good government of the island and the welfare of its inhabitants to the Governor, trusting that he would use his best endeavours to promote these goals and render the island as flourishing and beneficial as possible. The letter concluded with the formal closing from the Company as his loving friends. Interpretations 14 March 1681: Following the seventeenth-century custom of starting the new year on 25 March, this date is rendered as 14 March 1682 to align with the modern calendar. Nec[...]ary to our Aff[...]: This is interpreted as necessary to our affairs, referring to the business and administrative needs of the East India Company. Generall Lett[...]: This is interpreted as General Letter, the standard term for the formal correspondence sent from the Court of Directors in London to their overseas governors. care and dili[...]: This is interpreted as care and diligence, a common seventeenth-century legal and administrative pairing. Exa[...]: This is interpreted as example, referring to the moral and professional standard the Governor was expected to provide. Instr[...]: This is interpreted as instructions, the specific rules and orders accompanying the letter. manage[...]: This is interpreted as management, referring to the administration of the island’s resources and population. Inhabi[...]: This is interpreted as inhabitants, the permanent residents of St Helena including both planters and Company employees. flour[...] and benefi[...]: This is interpreted as flourishing and beneficial, reflecting the Company’s desire for the island to be both prosperous and profitable. |
79 | 58 | Such New Constitutions as wee shall judge Most fit & proper to Establish for the good of the Island have now given you by our [...] to you and Councill you shall find it very necessary to observe any Instructions and Orders have now sent you and also our Councill on the place for the Support of you and to give you such Advice that particularly and who shall be so Ordered That wee may be Certainly informed of your proceedings wee tell you again that that all forraign Dutch French and Danish with such as shall be about said Island shall only use the Port of Anchoring being St James Valley [...] or else shall be Subject to such Orders and Fines that may be sett and wee will strictly expect a due observance hereof which you are to Return an account of to us from time to time and you are not to Permitt them to doe any Trade before you doe Examine them and take care from hence to the said Island they are not to goe to any other place except such as is within the Compasse allowed and you understand that you shall pay only at Madagascar Ships what is due to them for the better of the Shipping Besides the Dutch have maintaine[...] you are to Receive from all English Ships that shall come to the Island of all Merchandize and all any other Goods within the said Island from other Nations without Licence from wee doe hereby for the future you to Demand and Receive from any and all that shall come Trading from any Nation to the said Island from the [...] which you have or shall be a small English or forraign Ship or Vessell or not in our Service for Anchorage for each Ship for every Voyage she shall come to Anchor in St James of the Island Wee doe hereby strictly forbid all persons upon our said Island of St Helena from selling and dealing or Trafficking or trading with any persons whatsoever on the Island without Licence of us and you are to see the Orders observed and that none presume to trade without Licence upon paine of severe punishment and that you are to take care for the due execution of these Orders And wee doe hereby further Require you once at least in every year to send us an Exact List of all our Officers and Souldiers with Distinction against the names of such Officers and Souldiers and Merchants or Inhabitants on the said Island and the number of the whole English upon the Island and also a Distinction against each of their names whether they be Married or Unmarried and in a Column for that purpose against each of their names how many they have Women and Children and other servants for the number of their Cattle in the same Column which wee Require you not to fail of you observe You shall likewise send us a full List of all our Stores of all kinds and number and Names of all our Ordnance great and small and and Ammunition of every sort of what [...] there are to be used or spent for Battery Work or any other uses and of all Moneys in the Treasury for whom due or what [...] or [...] the same to be disposed [...] a particular Account of the same from time to time Direction to the Governour and Councill of St Helena [...] | It was ordered that the new constitutions judged most proper for the island be established. The Governor and Council were directed to observe these instructions and orders for their own support and to ensure that all proceedings were recorded to keep the Company informed. All foreign ships, including Dutch, French, and Danish vessels, were required to use only St James Valley as their place of anchoring. Failure to comply with this order would result in fines or other penalties. The Governor was expected to enforce this strictly and provide regular accounts to the Company. Furthermore, these foreign ships were not to be permitted to trade until they had been examined. They were prohibited from visiting other parts of the island except those within the allowed limits. Regarding the shipping trade at Madagascar, it was understood that only what was due to them for the improvement of shipping should be paid. The Governor was instructed to demand and receive duties from all English and foreign ships trading at the island. This included a charge for anchorage for every ship or vessel not in the Company’s service for every voyage they anchored in St James Valley. All persons on St Helena were strictly forbidden from selling, dealing, or trading with anyone on the island without a licence. The Governor was tasked with the due execution of these orders, and any person trading without a licence was to be severely punished. A requirement was set for the Governor to send an exact list at least once every year of all officers, soldiers, merchants, and inhabitants on the island. This list was to distinguish between married and unmarried individuals and include a column for the number of women, children, and servants in each household. The same column was to record the number of cattle owned by each person. Additionally, a full list of all Company stores was to be provided. This was to include the number and names of all ordnance, both great and small, and every sort of ammunition used for battery work or other purposes. A particular account was also required for all money in the treasury, noting to whom it was due and how it was to be disposed. Interpretations [...]: This probably refers to a phrase such as “our instructions now sent” or “our letter,” indicating the formal transmission of the new constitutions. maintaine[...]: This is interpreted as maintained, likely referring to the costs or fortifications the Dutch had previously kept on the island or a specific maintenance duty. [...]: In the context of anchorage fees, this probably refers to a “vessel” or “ship” that is not part of the Company’s own fleet. [...]: In the list of ordnance, this probably refers to the “quantities” or “stocks” of ammunition available. [...]: In the treasury section, these gaps probably refer to “debts” or “balances” and the “purposes” for which the money was allocated. |
80 | 59 | If any Dutch or other Ships or Vessells shall come to any place within our said Island where you have appointed to reside or where you need not trouble your selves to contend with the Commanders about the[ir] rights the name of the Ship and the Capt[...] belonging and wee shall be of our selves the Judges thereof and they shall not make any stay nor trade but so much that may supply them with such provisions as may be necessary for their present occasion and no more nor doe or give any assistance for fortifying or defending an Island in the Sea of which other men should have the benefit or accommodation without contributing any thing toward the charge whereon no money in the world shall have bin at the charge of Settlements here in respect of them wee have bin in possession of that Island Granted by them and absolutely Governours for such Settlement Send us an account of what Cattle or what Stock there is upon the Companys and Inhabitants and of what number of the Company are employed in Husbandry and of what number of men you understand are forced to take imployment or for want of money or other necessity and what wages regard for the bringing of the Negroes or Slaves wee desire our Governour whom a Commission doe acquaint with our Plantation to use them to be employed and takeing more ground for the enlargement of the Companys Plantation which wee expect our Governour should manage for us that all things there may receive some profit by the Husbandry If any of our Servants shall be negligent or remiss in the doing their duty or the execution of their trust or duty or shall be found to have given them any Authority to dispose for their own ends or private Interest or Councill any such person so offending shall be punished as the case shall require and shall be proceeded against according to the Orders and Constitutions of the said Government Wee have for some years now made you not to make use of any Trade with any Dutch Ships or other Nations upon our said Island being a matter of great importance and you are to take care that you doe not admit any such Trade or Commerce or to have any dealing with any Ships or Vessells not belonging to us without Licence from us or our Governour And so commending you to our care in all your affaires we rest and remaine Your Loving Friends Tho[mas] Ward Rich[ard] Hutchinson Edwa[rd] Rudge John Curzon John De Boy William D[...]rick For the East Ind[...] Company Joseph Ashe John Lawrence Ja[...] Edwards Jeremy Sambrook Joseph Herne John Morden Tho[mas] Cookham | The Governor and Company of Merchants of London sent instructions regarding Dutch or other vessels that arrived at parts of the island where inhabitants resided. The Governor and Council were ordered not to contend with commanders regarding their rights, but instead to record the name of the ship and its captain so the Company in London could judge the matter. Such vessels were not permitted to stay or trade beyond what was strictly necessary for their immediate provisions. The Company noted it was improper to provide assistance or accommodation to those who benefited from the island without contributing to the significant expenses incurred for its settlement and possession. The Governor was required to provide an account of all cattle and stock belonging to the Company and the inhabitants. This report was to include the number of Company employees engaged in husbandry and the number of men forced into employment due to a lack of money or other necessity, as well as the wages they received. Regarding the arrival of slaves, the Governor was directed to employ them in clearing and taking more ground to enlarge the Company’s plantation, which was expected to be managed profitably. It was ordered that any Company servants found to be negligent, remiss in their duties, or using their authority for private interest be punished. Such offenders were to be prosecuted according to the established orders and constitutions of the government. The Company reiterated its long-standing order that no trade be conducted with Dutch ships or those of other nations. The Governor was directed to ensure that no such trade or commerce occurred with any vessels not belonging to the Company without a licence. The letter concluded by commending the Governor’s care and was signed by Joseph Ashe, John Lawrence, James Edwards, Jeremy Sambrook, Joseph Herne, John Morden, Thomas Cookham, Thomas Ward, Richard Hutchinson, Edward Rudge, John Curzon, John De Boy, and William Debrick on behalf of the East India Company. Interpretations Capt[...]: This is interpreted as Captain, referring to the commanding officer of a visiting vessel. Husbandry: This refers to the management and conservation of resources, particularly agriculture and the raising of livestock. Commissions: In this context, this refers to the formal document granting the Governor legal authority to manage the island and its inhabitants. D[...]rick: This is interpreted as Debrick, identifying William Debrick, one of the committee members or directors signing the document. Ja[...] Edwards: This is interpreted as James Edwards, a known director of the East India Company during this period. East Ind[...]: This is interpreted as the East India Company. |
81 | 60 | Blank page | |
82 | 61 | Our Governour & Councell London 3d August 1683 att St Helena - We have Received several Letters by y[...]e severall Ships and yo[...]r
former lett[...]rs w[...]ch this time are to ha[...]e w[...]th much satisfaction more full of mind and Deliberation then wee did formerly Expect upon the Concern of that Island, and this wee now hope shall be fully to yo[...]r that wee expect you att large all the matters of it and not by the Generall Merchant, w[...]ch wee now desire you and yo[...]r Councell settle a System of Laws and Constitutions of the Government of yo[...]r Island w[...]ch you will have herewith sent you and also Copies of both or either Lett[...]rs w[...]ch yo[...]r selfe is Concerned by that Ship - Yo[...]r [...] perusal of yo[...]r first Constitution booke and Observations of
the same and the Rules that Doe passe under yo[...]r Review and the forming of yo[...]r Constitutions Lett[...]rs wee think such a more orderly and exact way to be a Regular System of Laws would be there to be a be[...] or then a benefit to our Island and that thereupon you may proceed to determine upon w[...]t method you have already begun and on w[...]t you shall think are not only agreeable but necessary wee shall satisfyed
But in case of where a Way lyes open to Ends not warranted you proceed according to that method by us - That System we now send you may be a Direction for the Government
that Model of Government shall be Established upon the Island aforesaid Where the Members of the Inhabitants are Composed all manner of Law upon Reason and such Orders whereof you will find that the Method you are to Execute your Government in that is for the good of the Island except in Special Cases as aforesaid
The System we have sent you shall become of more concern for yo[...]r Condition and shall be Delayed not only for yo[...]r owne [...] but yo[...]r Condition and yo[...]r State are more fully Known and you are required you to send to us from every yeare and from every quarter or oftener as often shall Require upon Demand hereafter from yo[...]r Island and all and for every Ship for [...] likewise one yo[...]r each an Account of Trade and for every such Transaction yo[...]u hereby inform us what Profit yo[...]u make for Discharge of the charges of yo[...]r Island and of all things necessary We find by the List of Goods herewith sent to us by Capt [...] and the demand w[...]ch in some Strange and great measure appears that there is much Disorder and Waste of any thing that there hath Of Necessity Without [...] | The Governor and Company of Merchants of London sent a letter dated 3 August 1683 to the Governor and Council at St Helena. It was noted that several letters had been received by various ships, and the Company expressed much satisfaction that these recent communications were more thoughtful and deliberate regarding the concerns of the island than those formerly expected. The Governor and Council were directed to settle a system of laws and constitutions for the government of the island, which were sent with the letter along with copies of relevant correspondence. The Company suggested that a review and perusal of the first constitution book, combined with observations of the current rules, would provide a more orderly and exact way to establish a regular system of laws for the benefit of the island. The Governor was encouraged to proceed with the methods already begun and to determine what further regulations were not only agreeable but necessary for the settlement. In cases where objectives were not already warranted, the Governor was instructed to follow the methods provided by the Company. The system sent by the Company was intended to serve as a direction for the model of government to be established on the island. It was observed that the inhabitants were to be governed by laws based upon reason and the specific orders provided. The Governor was required to execute this government for the good of the island, except in special cases previously noted. This system was considered of great concern for the condition of the island and was not to be delayed. The Governor was required to send an account to the Company every year and every quarter, or more often if required. This was to include a report for every ship and an account of trade and every such transaction. The Company demanded to be informed of what profit was made to discharge the charges of the island and all other necessary expenses. Finally, it was noted from a list of goods sent by a captain that some strange and great demands had been made, which appeared to indicate much disorder and waste of supplies. Interpretations 3 August 1683: As this date falls after 25 March, it remains August 1683 in the modern calendar. y[...]e: This is interpreted as “the,” a common contraction in seventeenth-century manuscripts. yo[...]r: This is interpreted as “your,” referring to the Governor and Council. lett[...]rs w[...]ch: This is interpreted as “letters which,” referring to the correspondence between London and St Helena. ha[...]e: This is interpreted as “have,” used here in the context of receiving or possessing the letters. be[...]: This is interpreted as “better,” referring to the improvement of the island through a regular system of laws. [...]: In the fourth paragraph, this probably refers to “own knowledge” or “own benefit,” indicating the importance of the legal system to the local administration. Capt [...]: The name of the captain is unreadable in the manuscript, but he is identified as the person who delivered the list of goods and demands. Without [...]: The text ends abruptly, probably referring to the need for better management “without further delay” or “without such waste.” |
83 | 62 | Without one penny charge to her that hath so long suffered To see w[...]h our Strangers have had a great deale of [...] but employments and all our so freely bestowed to our to our Merch[...]s we require that you have a care to see that Island of ours so kept that some easie course may be taken to entertain him at his house - For the future we Require you not to suffer any person to use
Trade or come in [...] without a Licence under the seal and writing & if any shall transgress this order you have a power for the punishment thereof for such offence - For the prevention of Debts we doe require for the future none
to leave the Island for a Voyage to the East or any forreigne ship or otherwise nor any man shall trade at the said or [...] or give a credit of Goods that now owe above the number of [...] to any person but such at the Merchant and not any at all upon any account to any other person - And we doe Require and direct you to be very strict in the
Governance of the Island for all Strangers and upon what Occasion that shall come hereafter upon any Occasion whatsoever Except by our Governour for the time being his Order - And further we doe recommend to you that after so many years
the Companys have built all Walls &c and all [...] and that you are to see that all Stone Fences or Enclosures be kept in good order and all Trees planted to thrive and preserve them from damage and that no persons whatsoever shall cut down any Trees or [...] or any other waste at the Governours order you have a regard for the future there to have more care of the [...] and their [...] there and we desire you to keep a strict account of what you doe thereupon the Grounds of the Island and to have the security thereof - We observe it comes to every ships service 20 Acres
tends to keep watch and ward for the defence of the place [...] that the said Island only be so that every person is [...] and [...] one that that the [...] of the Plantation of the Island hereafter in working be under the Governours order Discharge of their Labour working and planting and [...] in all such places and acc[...] and that such [...] that have a share of land (except the [...] shall be only granted as they have been by [...] upon [...] all their respective possessors or Owners and the same upon the death of a person to be formally used or such [...] and the [...] thereof shall be [...] upon the [...] of Lands or Tenements and [...] [...] or [...] of any persons Governour Councill shall Command them to doe
[...] | It was noted that the island had suffered for a long time, and the Company expressed concern that strangers had received significant benefits while the Company’s own merchants were neglected. The Governor was required to ensure the island was managed so that proper hospitality could be provided to those entitled to it. For the future, the Governor was ordered not to permit any person to trade or enter the island without a written licence under the Company’s seal. Authority was granted to punish any individual who transgressed this order. To prevent the accumulation of debt, it was required that no man be allowed to leave the island for a voyage to the East or on any foreign ship. Furthermore, restrictions were placed on the extension of credit for goods, ensuring that no person owed more than a specified amount to the merchants, and no credit was to be extended to others upon any account. The Governor was directed to be very strict in the governance of all strangers, regardless of their reason for visiting the island, unless they had specific orders from the Governor for the time being. After many years of the Company building walls and other structures, the Governor was tasked with ensuring that all stone fences and enclosures were kept in good order. He was also required to ensure that all planted trees were thriving and protected from damage. No person was permitted to cut down trees or commit any other waste without the Governor’s order. A strict account was to be kept regarding the management and security of the island’s grounds. It was observed that every twenty acres of land carried the duty of performing watch and ward for the defence of the island. Every person was expected to contribute to the plantation, with all labour and planting hereafter conducted under the Governor’s order. It was also specified that those holding shares of land, except for certain exceptions, held them as they had been granted. Upon the death of a possessor, the lands or tenements were to be formally transferred or managed according to the commands of the Governor and Council. Interpretations [...]: In the first paragraph, this probably refers to “benefit” or “advantage,” suggesting that strangers had profited from the island’s resources more than the Company’s own agents. In [...]: This is interpreted as “in the island” or “in the harbour,” referring to the restriction on entry without a formal licence. Number of [...]: The specific financial limit for debt or credit is missing from the manuscript and is represented by this gap. Walls &c and all [...]: This probably refers to “fortifications” or “buildings,” identifying the infrastructure the Company had financed over several years. Trees or [...]: This is interpreted as “timber” or “underwood,” referring to the natural resources the Governor was required to preserve. Watch and ward: This is a standard seventeenth-century term for the duty of guarding a town or fortress by day (watch) and by night (ward). [...]: In the final paragraph, these numerous gaps probably refer to the “inheritance,” “succession,” and “conveyance” of land, which were strictly regulated by the Governor and Council. |
84 | 63 | And in regard we have hereby Ordered yo[...]r Compa[...]y shall Keep Accompts and Bookes for Receiving payment where shall (though it be a small Account) send you by the Ships supply of Provisions we will for the Company more there propose and Maintainance therewith you shall upon every such Remittances upon [...][...] as Accou[...] of Land and accompt [...] fairly And wee doe hereby [...] all [...] Officers and Souldiers [...] Govern[...] of St Helena shall not pay any more Wages for the time being under pay except such only as are already in Commission and wee doe hereby appoint our Governour and Councill that they shall be Judges and dispose all of the Officers and Souldiers that are now or hereafter of any Land or Salary 14 Wee understand and desire to know if there are not above a few Planters in our Island who still refuse to pay Rent for the Land granted to them by the Company and Retain a good part of Estates themselves, wee therefore Order that all upon the Island forthwith to pay us their Rents Debts and all Dues thereupon and Governour and Councill shall give Orders for the Lands that shall be in default upon them to be repossessed and such persons to leave the same and Estate but also the Return of Land from the Company to be a former Land unto Governour thereupon the Companys Allowing and our Governour and Councill shall come to which the said Governour shall Register all Lands which the said Planters possess and said Lands to Register the Rents due thereupon as also that they shall yearly pay the Rents two Shillings and six pence 15 And wee further Order that no Alienation of Land shall be made by any Person whatsoever without our Licence first obtained in writing under the Companys Seal nor shall any such Person sell or Dispose of the said Land or any part thereof without such Licence and after the Sale or Alienation the same shall be returned and paid for such [...] for the Company Licences and all [...] [...] | It was ordered that the Company keep accounts and books to record all payments received, including those for small amounts. These records were to include any provisions supplied by ships, as the Company intended to maintain the settlement through such remittances. The Governor and Council were required to ensure that all land and financial accounts were fairly and accurately maintained. A directive was issued stating that officers and soldiers on St Helena were not to receive any wage increases for the time being, except for those already holding a commission. The Governor and Council were appointed as the judges of such matters and were granted the authority to manage the salaries and land holdings of all current and future military personnel. The Company noted that only a few planters on the island reportedly continued to refuse to pay rent for the land granted to them, while still retaining a large part of their estates. Consequently, it was ordered that every person on the island must immediately pay their rents, debts, and all other dues. The Governor and Council were instructed to repossess any lands where the occupants remained in default. Such persons were required to leave their estates, and the land was to return to the Company’s control. The Governor was further directed to register all lands held by the planters, along with the specific rents due, which were set at a yearly rate of two shillings and six pence. Furthermore, it was ordered that no alienation of land be made by any person without first obtaining a written licence under the Company seal. No individual was permitted to sell or dispose of their land, or any part of it, without such permission. Following any approved sale or transfer, the transaction was to be recorded, and the appropriate fees were to be paid to the Company for the licences and related administrative costs. Interpretations Yo[...]r Compa[...]y: This is interpreted as your Company, referring to the administrative body and employees under the Governor’s command. Remittances upon [...]: This probably refers to “remittances upon account,” meaning the formal recording of payments or goods received. Alienation: This is a standard legal term referring to the transfer of ownership of a property or land from one person to another. Paid for such [...]: This gap probably refers to “fees” or “dues” payable to the Company upon the legal transfer of land. |
85 | 64 | Wee Doe further order and Confirm what we writ to you for our last of the 11th March last from the arrival of the Letter at w[...]t yo[...]r Council on the place no more than the said Island shall be given or invested to any person whatsoever for any consideration whatsoever before to be signified to receive the Rent of the Inhabitants for the Commander place to the Company w[...]ch we have in hand after the same shall be a Disposition may come to be made thereof by to make upon the Rea[...] Instruction from Corporation for the better manage they have been [...] 18 And if any Person shall bring in upon the Produce of any Deceased Estate or shall any person desire to have Government of Land upon the said Island you are not to give any Single man or woman a Right thereunto who will make an Establishment in the said [...] 20 Acres of Land to hold of the Company [...] for 66 years paying to the Company yearly at the Feast which shall happen at Michaelmas and upon such terms according to a short form set you receive in writing 19 Although we have Appointed a Rate to be paid to the Company upon every Alienation we have had long Experience of our meaning that the said [...] shall not be made freely nor daily but only for the prevention of Fraud under the Seal 20 Wee have observed that divers Planters have taken away Negroes upon this pretence or that they have the Masters or their servants upon the Island exceeding the number that is necessary and considerable Dangerous to the Government and the security of the Island But upon further thinking of this matter we have resolved that henceforth no person shall keep above [...] Slaves for any House and Estates and that all such excess shall be brought into the Store and kept under the Inspection without other use than the Planters themselves and Company shall take the benefit and advantage of the Island and for the Production of Commodities of various Natures and in all such cases as aforesaid and being Victuals shall be taken and used for the Store not only to be kept but brought hither as we know they will if they may have Land to cultivate their plantations as they please without Damage and other waste ways as we have known to take off that restraint from these persons by allowing of Negroes without the direction that every free Planter shall of these works that shall be at the Plantation of the Negroes shall be fitted with two English Overseers or Servants and a Child their one to say a Watchman and Guardman to attend all Alarms and every person ought to allow every 20 Acres of the said to be paid unto whatsoever for the Companys use [...] in time of War and Danger whereby we have hereby ordered every free Planter to do so and to be proportionably to one Negro to 10 Acres [...] [...] | The Company confirmed the orders sent on 11 March 1682, stating that from the arrival of that letter, no further land on the island was to be granted or invested in any person for any consideration without prior notification. The Governor was directed to collect the rents from the inhabitants for the Company’s use, awaiting further instructions from the Corporation regarding the future management and disposition of these holdings. It was ordered that no single man or woman be granted a right to manage land unless they intended to establish a formal settlement. Such persons were to be granted 20 acres to hold from the Company for a term of 66 years. The rent for these holdings was to be paid annually to the Company at the Feast of Michaelmas, following the terms set out in the written form provided. Although a rate was appointed to be paid to the Company for every alienation of land, the Company noted that its intention was not to allow these transfers to be made freely or daily. Instead, the process was strictly regulated under the Company seal to prevent fraud. The Company observed that various planters had acquired slaves under the pretence that they or their servants required them, resulting in a number exceeding what was necessary. This was deemed considerably dangerous to the government and the security of the island. Consequently, it was resolved that henceforth no person was to keep more than a specified number of slaves for any house or estate. Any excess slaves were to be brought into the public store and kept under inspection. These individuals were to be employed for the benefit of the island and the production of various commodities, with their provisions supplied from the store. To ensure the security of the plantations, it was ordered that every group of slaves be overseen by two English servants and a child, one of whom was to act as a watchman and guard to attend all alarms. Furthermore, every person was required to contribute to the Company’s use for every 20 acres held, particularly during times of war or danger. Every free planter was ordered to maintain a proportion of one slave for every 10 acres of land. Interpretations 11 March last: As the main letter is dated August 1683, this refers to 11 March 1682 in the old calendar, which is rendered as 11 March 1682 in the modern calendar. Michaelmas: This refers to the Feast of St Michael and All Angels on 29 September, a standard English quarter day for the payment of rents and settling of accounts. Rea[...]: This is interpreted as “Reasonable,” referring to the forthcoming instructions for the management of the island. [...] for 66 years: The unreadable portion likely refers to a “lease” or “tenancy” agreement for the specified term. Above [...] Slaves: The manuscript omits the specific maximum number of slaves allowed per household, which was to be strictly limited to prevent security risks. Alarms: This refers to formal signals, such as the firing of a gun or the ringing of a bell, used to alert the inhabitants to the approach of an enemy or other emergency. |
86 | 65 | The Reason of which order is As the Negroes doe increase upon the Island it will be Necessary for the Company proportionable to Encourage their care and Industry for the Security of the Inhabi- tants as well as of the Island 22 And that our Slaves and Losses may always have a Meanes of returning home with English Servants and all Conditions of England and Europe at least as near them they can be afforded and Encourage them and they are to be employed chiefly in a Condition to have Dwellings from the said and you shall be yearly one or two Ships or more as our Island shall increase yearly and from thence growing among themselves to order yearly thereby (as wee imagine) that One or two more Ships of these Numbers written to be sent to the said after which the Account will be the Island therefore to pay the Company their Rents Disbursement of what ever they shall have to pay for a Plantation of which the same shall have been from their Produce and Income the said but they shall be to give Accounts and Pay their Rents not being to our Island from [...] but they do to pay accordingly and remain as Governed from their said Household and out of this charge and Moneys Received which the Company may in some manner Something be saved of the Produce of the said the same they have for payment and the Advantage of the said which they have And because no Trade can be maintained Regularly without the Register of Accounts kept and without the same and good Government and Discipline to be settled Wee doe therefore Order and appoint that no Trade be exercised upon all Commodities of that Island or where done all Trades and Goods be done and that they shall have none in any other manner from any other place but those who shall have Licence from us to be free of the Company that every person and every such person for every Trade or Office shall pay according to the Rates following For every Ship for Trade - - - 10 - 0 - 0 For every Merchant [...] - - - 0 - 10 - 0 For every Inhabitant [...] - - - 0 - 0 - 0 For every [...] of Sales - - - 0 - 1 - 0 39 And for reasonable for a Lease or Quarter granted Condition for Supply Madagascar or other places for Trade and the time for Anchorage or Trade have been every man to [...] [...] | The Company ordered that as the number of slaves increased on the island, it was necessary to encourage their care and industry in proportion to the need for the security of both the inhabitants and the settlement. It was intended that slaves and those who had suffered losses always have the means of returning home with English servants. The conditions on the island were to be maintained as close as possible to those in England and Europe to encourage the population. These individuals were to be employed primarily in establishing dwellings on the island. The Company anticipated that as the settlement grew, one or two additional ships would be sent annually. The inhabitants were required to pay their rents to the Company from their produce and income to cover the disbursements and costs associated with their plantations. Regular accounts were to be provided and payments made accordingly, while the inhabitants remained governed within their households. Through these charges and the money received, the Company intended to save a portion of the island’s produce for the benefit and advantage of the settlement. Because regular trade could not be maintained without registered accounts and good discipline, it was ordered that no trade in any commodities be exercised on the island except through formal channels. Goods were not to be obtained from any other place, and only those with a licence from the Company were permitted to trade. Every person holding a trade or office was required to pay fees according to a specific schedule. This included a payment of ten pounds for every ship engaged in trade, ten shillings for every merchant, and one shilling for every bill of sale. A reasonable rate was also to be set for leases or quarters granted, as well as for the supply of vessels trading to Madagascar or other locations, including fees for the duration of their anchorage or trade. Interpretations 3 August 1683: As this letter is dated August, the year remains 1683 in the modern calendar. Losses: In this context, this refers to persons who have suffered financial or material ruin and require a means of support or repatriation. Proportionable: This refers to the Company’s strategy of scaling its security and administrative measures in direct relation to the growing slave population. Disbursement: This refers to the funds spent by the Company on the initial setup and ongoing supply of the plantations, which it sought to recover through rents. [...]: In the schedule of rates, the missing text for inhabitants probably indicates they were exempt from a specific trading fee or were subject to a nominal “nil” rate, as suggested by the zeros in the manuscript. Bill of Sales: This is interpreted from “of Sales” and refers to the formal legal document used to record the transfer of property or goods. |
87 | 66 | 6 Besides Wee shall write to our Factors in Persia to send and Governour Negroes by every Ship for the Companys use to make little Returns upon the Companys account for whom we hereby Governour to take care of them for the Companys use 25 Wee shall Order by the Ships two Masts and one Stone house to be erected for a guard also for our Soldiers in case of an Enemy 26 Wee understand that some upon the Island or there out of the Ships have endeavoured to have what the thought fitt out of the Companys Plantation for the future you shall not permit none to meddle with any part there which they have or under the Government hand and if any shall hereafter presume him in that kind Wee would have our Governour & Councell to punish them Severely either corporally or by any pecuniary Mulct which shall be thought meet and according to the Laws there established and moreover that no person whatsoever shall presume to transport any of the Goods belonging to the Company nor their Servants about any to any their Freight 27 If you shall think any more hereafter to take Account of what method Wee have been practised and shall be followed or that you have already settled upon the Island and and take care none to alter the Orders of the said Island or have departed out of them but shall strictly observe and see the due execution thereof and for the Companys Service you are to take that the Markets where Victualls and Goods are bought and sold be kept and ordered and to supply you only and make a Trade upon the place 28 We have very many complaints of loose Women going on board our Ships for the future suffer none upon your Island to go on board without a Licence in writing and if any Ship shall offend herein you are forthwith to give them a fitt reprimand and a severe order to forbid their coming on board the Ships and for the future that no such Women shall be suffered from thence and bring the disorder into the Island and that you also take care that no free man or Servant be permitted to be carried to the Ships on Board and if any transgress the order commit them to prison double Custome & therefore punish them accordingly till you have this matter into a good order as is in the nature of the world and all places where there is any good Government 29 For any other Commodities for which no rates of Custome is hereby set you are to use your discretions to sett such moderate rates as may not be overburthensome neither and may afford some proportion to the value of the Commodities aforesaid 30 You are to begin your Return Books with this year [...] and that our orders shall be observed to the Comissioners [...] | The Company informed the Governor that instructions were sent to its factors in Persia to provide slaves by every ship for the Company’s use. These individuals were to be managed by the Governor to generate small returns on the Company’s account. It was further ordered that two masts and one stone house be erected by the ships to serve as a guard for the soldiers in the event of an enemy attack. The Company noted that certain individuals, either from the island or from visiting ships, had attempted to take what they pleased from the Company’s plantation. It was strictly ordered that no person be permitted to meddle with any part of the plantation held under the government. Any person who presumed to do so was to be punished severely by the Governor and Council, either through corporal punishment or a financial fine, according to the established laws. Furthermore, no person was permitted to transport any of the Company’s goods or its servants as freight. The Governor was directed to maintain the established methods and ensure that no person altered the orders of the island or departed from them. Market regulations for the purchase and sale of provisions and goods were to be strictly observed to ensure the island was properly supplied and trade was conducted orderly. The Company received numerous complaints regarding loose women going on board ships. For the future, no person on the island was to be permitted to go on board any ship without a written licence. If any ship offended against this rule, the Governor was to provide a fit reprimand and issue a severe order forbidding the practice. No such women were to be allowed to bring disorder into the island from the ships. Likewise, no freeman or servant was permitted to be carried on board. Any person transgressing this order was to be committed to prison and punished, perhaps by a double custom or fine, until the matter was brought into good order as befits a well-governed place. For any commodities for which no specific customs rates were set, the Governor was to use his discretion to establish moderate rates. These were intended to be fair and not overly burdensome, while remaining proportional to the value of the goods. Finally, it was ordered that the return books begin with the current year to ensure all orders were observed and reported to the Commissioners. Interpretations 3 August 1683: As this letter is dated August, the year remains 1683 in the modern calendar. Factors: These were the commercial agents of the East India Company stationed at overseas trading posts, in this case, in Persia. Pecuniary Mulct: This is a formal legal term for a financial fine or monetary penalty. Loose Women: This seventeenth-century term refers to women considered to be of immoral character or engaged in prostitution. Fitt: This is interpreted as “fit,” meaning an appropriate or deserving reprimand. Double Custome: This refers to a punitive fine equivalent to twice the usual duty or tax, used as a penalty for the unauthorized movement of people or goods. Return Books: These were the official ledgers sent back to the Company in London to record the administration, trade, and legal proceedings of the island. |
88 | 67 | 31 [a] Book of all such [...] of Spirits Leases and Customs as for and about the [...] and all Government that may be made concerning how one’s Revenue may be raised off [...] Suffer no person to sell Arrack Brandy Punch Wine or any other strong Liquor by retail without a Licence from our Governour under his Hand & Seal and if any person have any Licence for above a year for which such person shall pay 10 s and his Comp[a]ny 32 [...] we do hereby appoint Receivers & Officers to prevent all Impositions by our System of Laws if any be found guilty of such misdemeanour a third time for the Offender to wear about his neck an Iron Collar fastened for one whole year or as long as his guilt lasts 34 And whereas our Island is grown into such a thriving condition that divers sorts of Servants of this Island from time to time have transported themselves to other persons whatsoever either as servants or goods in barter or in pay to such persons to whom Comp[a]ny men ought for wages they being allowed to have wages duly paid to our Servants and [...] 35 [...] to this Island that such Labourers that shall come into this Island upon Agreement for the Service in consideration that they will do and perform such Agreement they shall not depart from the Service before the time agreed without consent of the Governour and Council and shall be punished accordingly and if any such Labourer shall absent himself or run away before the time agreed he shall be punished according to the Laws of the Island 36 And we do desire our Governour once a month at least or oftener if the weight of business shall require and at such time as may be convenient to him to give account of our Affairs in order to the better Government thereof 37 We do appoint one former Treasurer and one present Treasurer to keep an exact Account with our Agent of all goods and provisions from time to time belonging to this Island together with the charges thereof | A ledger was ordered to be kept of all spirits, leases, and customs to ensure the government remains informed on how revenue is raised. No person was permitted to sell arrack, brandy, punch, wine, or any other strong liquor by retail without a licence under the Governor’s hand and seal. Such licences were to be paid for at a rate of ten shillings, with none lasting longer than a year. Receivers and other officers were appointed to prevent the imposition of unauthorised charges and ensure the system of laws was followed. If any person was found guilty of such a misdemeanour for a third time, the offender was required to wear an iron collar fastened about his neck for a whole year, or for as long as his guilt was deemed to persist. The Company noted that the island had reached such a thriving condition that various servants had attempted to transport themselves to other persons, either as servants or in exchange for goods and wages. It was reiterated that Company men were to have their wages duly paid, and regulations were established for labourers arriving on the island under agreement. Such labourers were not permitted to depart from their service before the agreed time without the consent of the Governor and Council. Any labourer who absented himself or ran away before his term expired was to be punished according to the laws of the island. The Governor was requested to provide an account of the island’s affairs at least once a month, or more frequently if the weight of business required, to ensure better government. Finally, a former treasurer and a present treasurer were appointed to maintain an exact account, alongside the Company’s agent, of all goods, provisions, and associated charges belonging to the island. Interpretations [a] Book of all such [...]: This is interpreted as a “Book of Rates” or a general ledger used to record the collection of spirits duties, lease payments, and customs. Arrack: This refers to a strong alcoholic spirit, typically distilled from the sap of coconut palms or from rice, which was commonly traded in the East Indies. Iron Collar: This was a form of physical and public punishment intended to shame the offender and signify their status as a repeat transgressor of the law. Divers: This seventeenth-century term means “several” or “various.” Weight of business: This refers to the volume or seriousness of the administrative tasks and legal matters requiring the Governor’s attention. |
89 | 68 | 38 And tho’ before in this Letter We have given permission for ye sending out of no any of Land to any man upon the Island for our expressed yet our meaning is that permission shall not be extended to any but that are Servants of the said Island that inhabit themselves for ye Comp[an]y who and not allowed a Lease out upon any terms whatsoever without our further order in writing 39 And in regard we are informed that all persons with whatsoever is Inhabitant there shall commonly own shipping yearly We do expressly forbid all manner of Goods out or into our said Island with any other ship or ships whatsoever except such only as do belong to the Comp[an]y and freighted by us upon penalty of forfeiting half ye goods so shipped that shall be shipped on board or landed from any other ship or shipping whatsoever except express Licence from ye Govern[ou]r or his Council or other shipping from India as well whom our Govern[ou]r shall give Licence for what and whatsoever 40 You will have with this a List of all Conditions agreed for with Mr S[...] & his Obligations to pay our Govern[ou]r within twelve months for them with the Govern[ou]r is to give to the Comp[an]y Credit in account one Sum to be allowed or the same upon which he hath discharged it although he hath promised us that he will pay in a certain time all that remains to our interest and fully after this and all of this time be paid at St Helena or else it sooner than the Obligation 41 All is to pay ye value of their goods & we having use of the Comp[an]y have leave to carry them on upon such of which the Govern[ou]r is to have a Book to well as Mr S[...] for ye Comp[an]y better security & that the goods & debts be discharged of any further the money is paid into the Govern[ou]r 42 This we have taken this course for ye future for our Island & Comp[an]y that our Islanders should be exacted upon Mr their merchants in ye same a Rule of prices of which we suppose many persons may sell all the goods that go for the price & so would have been a Comp[an]y gain & by this means without exacting unreasonable in which we have given some allowance for breakage & wast not for damage such accidents as have happened in these times sell his goods at these prices but cause him to gain by half freight & the price and more Comp[an]y upon Island & therefore none of ye Comp[an]y shall take or [...] | The Company stated that although permission had previously been given regarding land, its true meaning was that such permission should not be extended to anyone other than the servants of the island who inhabited it for the Company. No leases were allowed to be granted upon any terms whatsoever without further written orders. Because the Company was informed that inhabitants commonly owned shipping yearly, it expressly forbade the movement of all manner of goods into or out of the island with any ships other than those belonging to or freighted by the Company. Any person who violated this order faced a penalty of forfeiting half the goods shipped or landed, unless they possessed an express licence from the Governor or his Council, or if the shipping arrived from India with the Governor’s permission. A list of all conditions agreed with a Mr S[...] was sent, along with his obligations to pay the Governor within twelve months. The Governor was instructed to give the Company credit in the accounts for this sum. Although the individual had promised to pay all that remained of the interest in a certain time, it was required that the full amount be paid at St Helena, even if it were settled sooner than the formal obligation required. It was ordered that everyone pay the value of their goods. The Governor was required to keep a book for the Company’s better security to ensure that all goods and debts were discharged once the money was paid to him. The Company took this course for the future of the island to ensure that Islanders were not exacted upon by merchants. A rule of prices was established, as it was supposed that many persons might sell goods at prices that would result in a gain for the Company without being unreasonable. Allowance was made for breakage and waste, though not for damage from accidents. The intention was to ensure goods were sold at these set prices, allowing for a gain through half-freight and the specified price, and that none of the Company should take or interfere otherwise. Interpretations Ye: This is a common seventeenth-century scribal abbreviation for “the”, where the ‘y’ represents the Old English letter thorn (þ). Inhabit themselves: This refers to those who have established their permanent residence or “settled” on the island specifically for the service of the Company. Mr S[...]: The full name of this individual is missing from the manuscript, but he appears to be a merchant or agent with significant financial obligations to the Company. Exacted upon: This refers to being overcharged or subjected to unfair financial demands by merchants. Breakage & wast: This refers to the standard allowance for goods lost during transit or through natural evaporation and handling (waste), which was distinguished from “damage” caused by negligence or accidents. [...]: The text ends abruptly, perhaps referring to the prohibition on Company servants “taking or receiving” unauthorised profits or goods. |
90 | 69 | 40 He hath likewise promised us that our Governour shall have all the [...] and any other wages or rents for the use of the Garrison Plantations or his own family are these roles for which our said Governour is to give him Credit & make ye Comp[an]y safe 41 And would have our Governour to take some part of all his [...] & goods for the Comp[an]y and our Plantations because that they he will also provide us have them carefully looked after & made use for ye good of the Inhabitants & their interest 45 And nothing more probable to thrive with young makes careful take Orchards and set Trees & good Timber the Cypress trees which may serve us in time as well for Boards & for masts as for masts & Timber 16 In your planting incline all persons to observe an Equality of the manner that should take care here which we will describe to you 47 We have made appear to you concerning several singular & certain commodities that this Island hath alone only consider what condition we know in any part of ye world the consideration whereof as it hath excited us already offers to bring & enlarge trade by sending ships upon it so that may encourage our Planters to settle themselves to make a better improvement of that great opportunity God almighty hath given us & our assistance to them hath put into their hands 48 The great quantity of Maiz our Governour will have from year to year with the produce of our Island and other Fruits for ye Comp[an]y & not spend more than can be allowed will be much more then our Governour will have occasion to use them for an increase & therefore we desire you by this Instruction to do what Diligence you can spare for ye Comp[an]y & that the Island & furnish ships for India with more provisions than formerly by Command of our returning ships & their Bills of Exchange payable to us of 110 Dayes sight 49 We think for ye publique utility of ye Island should upon Easter day in every year or when time shall permit day that you shall appoint Observation & at ye said place the Inhabitants shall come together for ye High ways & one Church together for work the manner whereof is that they shall be paid wages Mason work wages but for this give you direction | Mr S[...] provided a promise that the Governor would receive all the rents and other wages intended for the use of the garrison, plantations, or the Governor’s own family. These were considered roles for which the Governor was to provide credit to ensure the Company remained financially secure. The Governor was directed to take possession of a portion of the goods and property belonging to Mr S[...] for the benefit of the Company and its plantations. This was intended to ensure that such resources were carefully managed and utilised for the interest and welfare of the inhabitants. The Company noted that nothing was more probable to thrive than orchards and timber when carefully tended by the young. Planters were encouraged to set trees, particularly cypress, which were expected to serve in time as boards and masts for shipping, as well as for general construction. The Governor was instructed to encourage an equal and orderly manner of planting among all persons on the island. It was observed that St Helena possessed several singular and certain commodities not found elsewhere. This unique condition had already encouraged the Company to enlarge trade by sending more ships. The planters were urged to improve upon this great opportunity provided by God and the Company’s assistance to ensure the island’s prosperity. The Company anticipated that the Governor would oversee a great quantity of maize and other fruits from year to year. As the produce was expected to exceed what was necessary for the Governor’s own use, he was commanded to use diligence to spare the surplus for the Company. This surplus was to be used to furnish ships sailing for India with more provisions than had been provided formerly. In return, ships were to provide bills of exchange payable to the Company at 110 days’ sight. For the public utility of the island, it was suggested that on Easter Day each year, or at another convenient time appointed by the Governor, the inhabitants should gather together to work on the highways and the church. Although the manner of this communal work was to be directed by the Governor, it was noted that wages would be provided for specific tasks, such as mason work. Interpretations Ye: This remains the common seventeenth-century abbreviation for “the”. Masts: This refers to the tall spars of a ship, for which the Company hoped to find a local source of timber to avoid the expense of importing wood from Europe or the Baltic. Maiz: This refers to maize or Indian corn, which was being cultivated as a staple crop for the island’s subsistence and for victualling ships. Bills of Exchange: These were formal written orders used in international trade, requiring one party to pay a fixed sum of money to another at a predetermined future date (in this case, 110 days after the bill was presented or “seen”). Easter day: This was chosen as a significant date in the liturgical and social calendar for communal assembly and the organisation of public works. 110 Dayes sight: This term specifies the duration of the credit period for the bills of exchange before payment became due. |
91 | 70 | 50 But our express order & constitution is that no man for ever no Master that is now in this Island nor other person whatsoever shall give any [...] nor any or taking for Election of the Island or any Office that shall not be as are you Planters settling their and in his room & their successors before all Officers to whom we shall always esteem & Honour & give countenance & government freeholders of that Island such we have their freedom will prove to be & to them chiefly left unto to manage the designing of that Island and its safety their Company ever regard 51 But it in time to come when the Island grows management if some ill disposed person or ignorance of others one of our present free Planters upon 20 acres of Land should come to be possessed by some one of Land by buying out or Inheritance of their neighbours this will be in that such persons coming to Land of inheritance shall not strike have but one personal vote in all future Elections of Officers 52 And we do order that for the publique utility of the Island every person as well free Planters Negro slaves & servants and all servants & Negroes shall observe the dayes of labour every week one day and make them labour for the High ways & other things necessary for the Island from time to time under such rules as shall be directed by our Governour and Council or from time to time & from what penalties summon one day & perform one work one day but so as if they refuse every such person shall shall do one dayes work upon the High ways in such time pay for a dayes work to yourself and no man shall have above one dayes work in a one week 53 This list enclosed will give you the names already and qualifications of all persons that are now in this Island which the Company gives them for we have not we could desire to give such further Lands of Farms upon supposition that they might be a more useful assist to our Governour in the Companys building & and other works upon agreement with them that they shall always ready to serve the Company they are not to be removed from their Lands so long 54 The Church we intend you to be built in the best which must be done after the manner it is in England which we have sent you Instructions to see how or best places that he may be able to inform you in it 55 As it is much cheaper now than formerly therefore Brick & Stone ought to be sought for here or as best means out of the Island | The Company established a fundamental constitution for the future governance of the island. It was ordered that no person, including current masters or inhabitants, should be granted power or office unless they were settled planters. The Company intended to always honour and give countenance to the freeholders of the island, as their freedom and vested interest were considered the best means to manage the island’s safety and design. To prevent the concentration of power in the future, the Company addressed the potential for ill-disposed or ignorant persons to buy out their neighbours or accumulate large estates through inheritance. It was decreed that even if a person came to possess multiple portions of land beyond the standard 20 acres, they should have only one personal vote in all future elections of officers. For the public utility of the island, every person-including free planters, servants, and slaves-was ordered to observe a system of communal labour. One day each week was to be dedicated to working on the highways and other necessary island projects under the direction of the Governor and Council. If a person refused to perform this work, they were required to pay the value of a day’s labour to the Governor. No person was expected to provide more than one day of such service per week. A list was enclosed providing the names and qualifications of all persons currently on the island. The Company expressed a desire to grant further lands or farms to those who might be useful assistants to the Governor in Company building projects and other works. It was stipulated that as long as these individuals remained ready to serve the Company, they were not to be removed from their lands. Regarding the construction of the church, the Company intended it to be built in the best manner, following the style used in England. Instructions were sent to identify the best locations for such a structure. Furthermore, it was noted that as materials were now cheaper than formerly, brick and stone should be sought locally on the island as the best means for construction. Interpretations [a] [...]: In the first paragraph, this probably refers to “authority” or “command,” following the context of the Company’s restriction on who may hold office. Freeholders: These were individuals who owned their land “in fee simple” or for life, giving them a permanent stake in the colony and, consequently, the right to vote. High ways: This refers to the main public roads and paths on the island, the maintenance of which was a collective responsibility in seventeenth-century English law. [...]: In the fourth paragraph, this gap perhaps refers to “houses” or “fortifications,” which were the primary “Companys building” projects at the time. After the manner it is in England: This instruction reflects the Company’s desire to replicate English social and religious infrastructure on St Helena. |
92 | 71 | 56 But we give not you to be constrained in your houses or to impose so much labour we only insist that work broken into small pieces when you put them into a [...] must not form a just value of the labour & other fines as well prevent therein running by the heels at their fire 57 We shall endeavour to set some of our hands to burn Lime & afterwards they may instruct you in this art for it would be a mighty advantage to the Island & tend to the bettering of the Island much more usefully & ornamentally if you had a way of burning Lime out of most rocks upon the Island 58 In the contriving of the works & ways for building for increasing of the Fort & Town we would have you use a due proportion and keep uniformity & regularity in your Streets and buildings after the manner they are now in London which are fine and there to be made in good square lines that oblige the expence of ye Citizens that shall or others decent useful uniformity & cause the owners of such Buildings to pull them down or alter them according to such method & rules as you shall judge most for the publique good & accommodation of the generality of the inhabitants the charge whereof cannot be much to the proprietors yet since we understand of houses now built but 12 or 14 foot high with Battons laid one upon another 59 In Cattle & provisions we judge Indies Corne Olive Trees [...] would be most profitable things you can raise on our most profitable things you can raise on our Plantation upon the Island and we name moreover Beaver Cinnamon and we have some specimens sent us 60 If any Ox or other Beast be stolen & not duly informed the Comp[an]y your Governour is to make enquiry & cause its restitution for those or any not belonging to the Island in case of such suspicion the seller shall forfeit treble value the Buyer & the taker of any horse or cattle unmarked shall pay what cost you shall set for such enquiry an addition if any such horses or cattle be missing and found in any other place 61 All manner of exchanging any goods to the satisfaction of the Governour must be done without fraud or deceit and shall be paid in one day or seven months whensoever the Governour shall think convenient and if any person shall refuse payment he shall be constrained by order and the debt satisfied with such gratuity for the adversary service aforesaid shall be answerable to him damage & prove expense therein 62 We have assigned Rates of 20 s for every man on the Island for every Ship that shall come the Island to afford our men sufficient fresh victuals at any time that he shall arrive or any demand if the Ship remain one month we give you allowance for further length of a longer stay upon our Island but in case he leave then you shall have a receipt of that satisfaction and we allow the master of such Ship to receive and suffer them 63 As we have prohibited the alienating of any Comp[an]y Land in fee to any person whatsoever for | The Company instructed that while labour was necessary, it should not be so burdensome as to constrain the inhabitants in their houses. It was suggested that work be broken into smaller tasks to ensure a just value of labour was maintained. Fines and other punishments were to be applied to prevent neglect, particularly to stop servants from idleness, such as “running by the heels” or lingering by their fires. Plans were made to send experienced men to the island to burn lime. These individuals were expected to instruct the inhabitants in the art, as the ability to produce lime from the local rocks would be a mighty advantage, allowing the island to be developed more usefully and ornamentally. In the contriving of new works for the fort and town, the Governor was ordered to ensure uniformity and regularity. Buildings and streets were to follow the modern style of London, laid out in good square lines to ensure a decent and useful appearance for the public good. The Governor was granted authority to oblige owners to alter or pull down buildings that did not fit this method. The Company noted that current houses, being only 12 or 14 feet high and built with battons, required such improvement for the accommodation of the generality of the inhabitants. Regarding agriculture, it was judged that Indian corn and olive trees would be the most profitable things to raise on the plantations. The Company also expressed interest in beaver and cinnamon, having received some specimens of the latter. To prevent the theft of livestock, the Governor was ordered to make a strict enquiry into any stolen oxen or other beasts. In cases of suspicion involving unmarked cattle or horses, the seller was to forfeit treble the value. Both buyers and takers of unmarked animals were to pay the costs of the enquiry, and further penalties were to be applied if missing animals were found in another’s possession. All exchanges of goods were to be conducted without fraud or deceit and to the satisfaction of the Governor. Payments were to be settled within one day or up to seven months, as the Governor deemed convenient. If any person refused payment, they were to be constrained by order to satisfy the debt, including a gratuity for the adversary’s service and any expenses or damages incurred. Rates were assigned at 20 shillings for every man on the island for every ship that arrived, ensuring the inhabitants could provide sufficient fresh victuals. If a ship remained for one month, further allowances were granted for the longer stay. Upon a ship’s departure, a receipt of satisfaction was required, which the ship’s master was allowed to receive. Finally, the Company reiterated its prohibition on the alienation of any Company land in fee to any person. Interpretations Ye: This remains the common seventeenth-century abbreviation for “the”. Running by the heels: This seventeenth-century phrase probably refers to servants or labourers loitering or avoiding their duties. London: This refers to the “New London” style of architecture and town planning that emerged following the Great Fire of 1666, characterised by wider streets and brick or stone buildings in regular lines. Battons: This refers to simple wooden planks or strips used in the construction of the early, less permanent houses on the island. Indies Corne: This is another term for maize, which the Company viewed as a vital staple crop. Treble value: A common legal penalty involving the payment of three times the original value of a stolen or disputed item. Alienating... in fee: This refers to the legal transfer of absolute ownership of land (fee simple), which the Company strictly prohibited in favour of its own tenure. |
93 | 72 | [...] and we do hereby by Proclamation or other publick way to command all free Planters within the space of three years from such proclamation to enclose & im- prove with or other goods of Land against all kinde of cattle their respective Lands or them to be taken up by the Comp[an]y the penalty of forfeiting the said Lands to the Comp[an]y at the end of ye 3d year our express meaning being no person that hath Land by first settlement shall continue longer than the said time without improving and shall continue to be ye Comp[an]y Lands after the expiration of the said three years 64 And we do hereby strictly forbid all persons upon the Island to use any manner of Cattle to bring or do any Land work to be Land & whatsoever upon ye Comp[an]y Land except such only as shall be allowed and like Comp[an]y Horses & Draught which we send you and until the Cattle accustomed to feed with the Comp[an]y being to be marked upon May day in every year or some other certain day as ye Governour shall direct and the owners of every stock are to pay to ye Comp[an]y twelve pence per head for being suffered to graze one year upon the Comp[an]y Waste as used here in England & other where we have common pasturage or ye Longer will 65 But that we intend is that all Common heretofore the Island shall be improved without any Common hereafter therefore to certify those bounds & limits for every ground & paying what from a Custom used among them who we shall allow 66 And for one & other we shall appoint some to give an account or measure of all such Grounds as found upon ye Comp[an]y Lands not to be Comp[an]y Lands improved and especially that have not the Comp[an]y mark thereon brand upon them that we may discover & enquire into all ye Comp[an]y Cattle that shall be marked & those that are not marked by ye hand that if any of them shall be found grazing then one be known to be the Comp[an]y or their owners not 67 That this matter may be prosecuted and it will require your good care & vigilance we propose to receive all good persons who are to be intrusted with the service of the Comp[an]y Lands and to appoint Governours who shall be able to manage & not engage themselves in any trade upon the Comp[an]y goods and to allow them for such diligence only & no further than from whomsoever shall receive & dispose howsoever 68 As for many of the particulars contained in this we think it requisite to send you more full and clear Instructions concerning the same which you shall receive with this by the next ships we send for you | The Company issued a proclamation commanding all free planters to enclose and improve their respective lands against all types of cattle within three years. Failure to comply would result in the forfeiture of the said lands to the Company at the end of the third year. It was expressly stated that no person who held land by first settlement should continue to hold it beyond that time without making such improvements; otherwise, the land would revert to the Company. All persons on the island were strictly forbidden from using any cattle for land work on Company property, except for those specifically allowed, such as the Company’s horses and draught animals sent for that purpose. Furthermore, all cattle permitted to graze on Company land were to be marked annually on May Day, or another day directed by the Governor. Owners were required to pay the Company twelve pence per head for the privilege of grazing their stock on the Company’s waste for one year, following the customs of common pasturage used in England. The Company intended for all common land heretofore on the island to be improved, and no further common land was to be granted. Boundaries and limits were to be certified for every ground, and those allowed to use the land were to pay according to established custom. To ensure these orders were followed, the Company appointed officials to measure and provide an account of all grounds found on Company lands. They were particularly tasked with identifying cattle that did not bear the Company’s mark or brand. Any unmarked cattle found grazing were to be investigated to determine if they belonged to the Company or an unauthorised owner. The Company acknowledged that the prosecution of these matters required great care and vigilance. It proposed to entrust these services to capable persons and appoint Governors who would focus on management rather than engaging in trade with Company goods. Further and more detailed instructions concerning these particulars were to be sent with the next ships. Interpretations Enclose: This refers to the practice of “enclosure,” where open land is fenced or hedged to establish private control and prevent the wandering of livestock. Ye 3d year: This refers to the third year following the issuance of the proclamation, marking the deadline for land improvements. May day: 1 May, chosen as a specific date for the annual branding and census of livestock. Twelve pence: A fee of one shilling per animal for grazing rights. Waste: This refers to uncultivated or “common” land that was not yet part of a specific farm or plantation but was owned by the Company. Running by the heels: As noted previously, this seventeenth-century phrase probably refers to idleness or loitering. |
94 | 73 | [...] pay for ye Coyns as a forfeit & we have resolved that no man or what manner soever shall give any person leave to remove any servant or any such for ye Comp[an]y in any other place whatsoever & for ye Comp[an]y and then upon any such transportation and service there shall be ready & assistance given unto ye Governour & Council to compel & restrain any what they meet of this Island if their own occasion 69 We are surprised there are no Regulations at our Colony at times we sent unto you employment which were inflicted from to be of Council takes no notice of persons who transported from this Island or any place whatsoever nor whether whatsoever as is the Laws of our said Company nor to be concerned in any ye Comp[an]y business 70 As we have forbid all future alienation of the Comp[an]y Lands in fee to whomsoever you for the future to give no manner of permission to any person upon any pretence whatsoever but such as shall be raised or for ye Lands for the Comp[an]y and no otherwise 71 You say in your letter ye 10th of July that the free Planters buying & selling of their Lands from one to another you are at a loss how to manage Lands in such hands as we direct to restrain we say that as we have now constituted every one a grant of Land without alienation of the same or inheritance or form to the Company or otherwise it is to be observed that the Company doth dispose of Lands within the limits of the Company and that those of Company men shall be allowed excepting them of their employment daily & performing & administration not otherwise upon any pretence whatsoever for we will have that allowance to remain and if Land granted to others until otherwise that be long or no man shall transfer any Land unto any other 72 The works you say are scarce because the ground we lie well and should have you will have means over them as a small number labourers make a full days work but some are not fit all or [...] and then or any person shall they come as great an inconvenience to do so much in their labour & work as they do in other plantations 73 And in regard this Ship came with Commission from hence to take all disorderly persons & transport them out of the Island we have assigned him that Commission you will do well to take care that he make use thereof for the service & upon all the Comp[an]y Lands and also that provisions be ready and that you command that no ships within this Island do not suffer any to be carried away from the Island upon any pretence whatsoever | The Company resolved that no person, for any reason whatsoever, was permitted to remove any servant or individual from the Company’s service to any other location. The Governor and Council were granted full authority and assistance to compel such persons to remain and to restrain any who attempted to depart the island for their own purposes. Surprise was expressed that the regulations previously sent to the colony were not being properly enforced. It was noted that the Council had failed to take notice of persons transporting themselves from the island or elsewhere, in direct violation of the Company’s laws. The Company reiterated that such individuals were not to be concerned in any Company business. Following the prohibition of all future alienation of Company lands in fee simple, the Governor was ordered to grant no permissions for land use on any pretence, except for those specifically raised for the benefit of the Company. Responding to the Governor’s letter of 10 July 1682, which expressed confusion regarding how to manage the buying and selling of lands between free planters, the Company clarified its position. It was established that grants of land were made without the right of alienation or inheritance except through the Company. The Company retained the sole right to dispose of lands within its limits. Only those in active Company employment and administration were to be allowed such holdings, and no man was permitted to transfer land to another under any pretence. The Company addressed the Governor’s concerns regarding the scarcity of work and the quality of the ground. It was observed that while a small number of labourers could perform a full day’s work, some were unfit for their tasks. The Company noted that it was a great inconvenience if labourers on St Helena did not perform as much work as those on other plantations. Finally, notice was given that a ship had arrived with a commission to apprehend all disorderly persons and transport them off the island. The Governor was directed to ensure this commission was executed for the Company’s service across all its lands. Furthermore, the Governor was to command that no ships within the island’s jurisdiction permit any person to be carried away upon any pretence whatsoever. Interpretations Ye Coyns: This refers to the currency or “coins” used on the island, possibly involving a fine or forfeit related to their regulation. 10th of July: This refers to the Governor’s previous dispatch from 10 July 1682. Small number labourers: This indicates a concern that the labour force was either insufficient in size or lacking in productivity compared to other colonial outposts. Disorderly persons: A broad legal term used in the seventeenth century to describe individuals who violated social norms, engaged in petty crime, or challenged the Company’s authority. Commission: A formal legal document granting specific powers to a ship’s captain or official to perform a particular duty, such as the arrest and deportation of individuals. |
95 | 74 | 74 Wee Do not meet to make standing by Mr Samuell [...] We find by all his proceedings he is an inconsiderable charge to us and therefore we would have no allowances of provision made him besides the ten shillings a piece a quarter upon 30 Acres of our Land nor to any other future Minister whom then his bare Salary and gratuity and diet at the Governours Table when he is attending to say grace and serve his Duty as a Domestick Chaplain and officiate [...] confirmed that he did refuse to Marry Mr Samuell Daughter upon the Licence of Governour [...] as special W[...] Marriage of this Island for if he would marry Mr Samuell [...] he must know that no Laws are otherwise in yt Island but they are to be made by us and therefore if any Minister shall refuse to marry any person upon our Governours Licence we would have the Governour & Councell immediately to dismiss him from our service & send him home notwithstanding that our orders is not ministerial shall upon any such head presume to marry any person upon the Banes of Matrimony any fee or formality The Church Wardens are to the Church of England except he have the dispensation to be tolerated for so doing 75 You are to have a care and [...] to keep the Plantation now as it stands and not they must be spoiled [...] whether they are building or not they must be secured [...] to each person of their Government and preserve the Religion and observation of it necessary to all Societies of mankind and without which the world would become [...] and it therefore is the utmost in them [...] for this reason therefore in order that all our People be under good discipline and Conformity which is very tending thereto we say to reduce them all to one [...] when there is one only 76 We send you herewith Mr Robert Holden to be Deputy Governour & Lieutenant of our Island empowering and requiring therefore [...] & General and [...] all the actions of Government and business concerning the Island of St Helena [...] and Mr Gregory Field to be Ensign of our said Island our Order of our Councell for executing the said Government [...] and therefore we the Company do Command all persons to obey him and to pay unto him all Duties and Revenues and to receive from him such Orders as he shall give and to obey the same and we do hereby strictly require and enjoin our Governour and Councell that not suffer whatsoever be or receive to meddle or intermeddle hereafter at any time without our own express Order in Writing 77 Notwithstanding we do appoint Mr Thomas [...] to be our Chief [...] and [...] [...] he shall be assistant unto the Governour and Councell and shall be one Councell in all matters of Government strictly and we shall hereafter nominate also if necessary [...] | The Company expressed strong dissatisfaction with the proceedings of Mr Samuel [...], a minister on the island, finding him to be an inconsiderable charge. It was ordered that no allowances for provisions be made to him beyond ten shillings per quarter for 30 acres of land. Future ministers were to receive only their bare salary and gratuity, along with diet at the Governor’s table, provided they performed their duties as a domestic chaplain and said grace. Specific mention was made of the minister’s refusal to marry Mr Samuel’s daughter despite a licence from the Governor. The Company clarified that no laws existed on the island other than those made by the Company. Consequently, if any minister refused to marry a person upon the Governor’s licence, the Governor and Council were directed to dismiss him immediately and send him home. Furthermore, no minister was to presume to marry any person using the banns of matrimony or any other formality of the Church of England unless they possessed a specific dispensation to do so. The Governor was instructed to take care that the plantations be preserved as they currently stand and not be spoiled. Whether buildings were under construction or not, they were to be secured. The Company emphasised the necessity of religious observation for all societies of mankind, stating that without it, the world would fall into disorder. To ensure good discipline and conformity, all people were to be reduced to a single order of government. To strengthen the administration, Mr Robert Holden was sent to serve as Deputy Governor and Lieutenant of the island. He was empowered to oversee all actions of government and business concerning St Helena. Mr Gregory Field was appointed as Ensign. The Company commanded all persons to obey the Deputy Governor, pay him all duties and revenues, and follow his orders. The Governor and Council were strictly required not to allow any unauthorised person to meddle in these affairs without express written orders from the Company. Additionally, Mr Thomas [...] was appointed as a chief assistant to the Governor and Council to aid in all matters of government. Interpretations Minister: This refers to the chaplain appointed by the Company to tend to the spiritual needs of the inhabitants, who was expected to remain subordinate to the Governor’s civil authority. Say grace: A specific requirement for the chaplain to lead prayers before meals at the Governor’s table as part of his domestic duties. Banes of Matrimony: This refers to the “banns,” the public announcement in a parish church of an intended marriage, which the Company here asserts is subject to its own civil licensing authority on the island. Ensign: A commissioned officer rank, perhaps the lowest grade of subaltern, responsible for carrying the company’s colours and assisting the higher-ranking officers. St Helena: Per your standing instruction, the name of the island is rendered in this shortened form throughout the text. Meddle or intermeddle: Formal legal language used to forbid unauthorised interference in the administrative or judicial functions of the government. |
96 | 75 | 78 And in regard of all sorts of the [...] professed and named all sorts of Religion the Inhabitants after they are come to pay something towards the charge of Ministers We doe Order and Direct that Every Master or mistress or servant of what condition soever shall yearly pay their share to head for Every one Yearly man or woman which is Black about the age of 16 years for and towards the Comp[an]y Charge of building and repairing the Church and maintaining of Ministers there shall be payment when once the communion and the said upon the said for Ministers exchange which shall be in ye year of our Lord 168[...] 79 We have Discoursed with many persons about the growing of wheat upon our Island and we find that very good of the Grow in many [...] parts about the same Latitude and therefore we would have our Governour consider to make trial of the several wheat and a bushel of English wheat because the Soil will be found by Experience to suit the several seasons of the year and the proper place of the Island for the sowing and growing of it 80 We have thought it convenient for the Comp[an]y to have a sugar Plantation with the best Engines and skill and proportions and all we have hitherto thought proper for a good settlement in this Island although we can expect that very experienced in such affairs to send over to begin the works on the mean time we have ordered from Indies Seed and other useful Seeds and plants of India to be sent over from all the parts and order Negroes in every ship it may be you will be able to set the said Negroes in every ship to use and employ and that we may at all times have Negroes to assist and employ and ease and cost and encourage our Inhabitants that they may increase in the growth of their Lands and Negroes and that you would use the utmost diligence of our Inhabitants and Negroes and help by our working tools and other materials 81 For the future we do forbid that any free Planter shall remove himself or suffer himself to remove himself from service as free so that he may remain in the same service 82 We do order that no black person shall be committed to use any firearms nor entertaining of any person or any other person whatsoever upon the penalty of the breakers shall forfeit to the Comp[an]y their service for such time or ever after that any way or shall be permitted that he may be punished or committed as is in the law 83 We think the special wood is the fittest place to be first im- ployed for the Comp[an]y use if you can bring your negroes thither in time it is to be in some convenient place where they may be best provided for our Negroes to be able to subsist and have materials to work and to raise a Plantation but not so as to stand still | Regarding the various forms of religion professed on the island, the Company ordered that all inhabitants contribute towards the costs of the ministry. Every master, mistress, and servant was required to pay a yearly share for every person in their household, including black servants and slaves over the age of 16 years. These funds were dedicated to the Company’s charges for building and repairing the church and maintaining the ministers. Following discussions with several individuals about the cultivation of wheat, the Company concluded that such crops grow well in similar latitudes. The Governor was directed to make trials with English wheat to determine through experience which soils and seasons of the year are most suitable for its sowing and growth on the island. The Company deemed it convenient to establish a sugar plantation equipped with the best engines and proportions. Although experienced men were yet to be sent to begin these works, orders were given for seeds and useful plants to be sent from India. Furthermore, every ship was to provide Negroes to assist and encourage the inhabitants in the improvement of their lands. The Governor was urged to use the utmost diligence in employing these labourers and the working tools provided. For the future, it was forbidden for any free planter to remove himself from his service, ensuring that he remained in his established role. It was strictly ordered that no black person should be permitted to use any firearms. Any person who violated this rule faced the penalty of forfeiting their service to the Company, either for a set time or forever, and being punished according to the law. The Company suggested that the area known as the special wood was the most fit place to be first employed for Company use. The Governor was encouraged to bring the Negroes there to establish a plantation in a convenient location where they could subsist and have the necessary materials to work without delay. Interpretations Age of 16 years: This was the standard age at which individuals were considered adults for the purposes of taxation and communal labour in the seventeenth century. Engines: This refers to the mechanical equipment, such as mills or presses, required for the processing of sugar cane. Special wood: This probably refers to the “Great Wood” or a specific densely forested area of St Helena that the Company intended to clear for agricultural use. Indies Seed: This refers to seeds sourced from the East Indies (Asia) rather than the West Indies, reflecting the Company’s primary trade routes. Firearms: The prohibition of firearms for the black population was a common security measure in colonial ordinances of this period to prevent uprisings. 168[...]: The full year in the manuscript is partially obscured but refers to the decade of the 1680s. |
97 | 76 | 16 [...] take some Madagascars sheep & coming to your Island where he is there we cannot but suppose you will have any great supplys of them till it may or you meat then we believe you will be furnished with stock either from India or Madagascar or Both you will (therefore) [...] inform us that you so manage that Plantation you have already or the Comp[an]y to be well furnished before hand with all necess[...][...] and other provisions proper for Negroes & [...] be recom- mend it likewise to the free planters to be well stockd with such things against that time 84 For the manner of fencing we cannot give you such good advice as you may take upon the place where ston[e] [...] that is certain best & cheapest in other places a large Ditch & Bank well planted with [...] is the most proper & profitable kind that may prove useful to be a strong live fence against all kind of Cattle wherein great care must be taken the 2 or 3 first years especially to keep it quickset from the cropping of Cattle & to keep the Banks whereon your quickset is set very well and constantly weeded 85 The have horses and sheep needen you for breed or else may not be supposed to encrease at large but by the former within Doors or in some well fenced inclos[...][...] to prevent accidents and mischances that may happen to them & especially young poultry 86 We understand you use not oxen to carry burthens as in Ind[ia] We doe not in England but however with you and in all mountainous Country it would be very advantagious so to doe and you shall never want oxen where grass grows in abundance all the year round & especially there may be some difficulty in bringing them to eat hay when first used but by degrees they will come to it and we judge it absolutely necessary to bring them to that use and that Planters may have great command and use it to the benefit of our plantations 87 You will meet it being that abundance of Mr Samuel [...] will be any of the [...] encouragement if you would be so [...] the owners of the land in trust [...] or [...] 88 We would have you survey the whole soil and not Extent of the great wood aforesaid which we order stand is near 2 miles square Although we have appointed and given commiss[ion] to Mr Yeamans [...] to be in possession [...] upon that Island in this whole letter yet We do not forbid our Governors more or less to [...] how to keep some other black men or any of them [...] | The Company suggested that some Madagascar sheep be brought to the island. It was supposed that a great supply of these would not be available immediately, but the Company believed the island would eventually be furnished with stock from either India, Madagascar, or both. The Governor was directed to manage the existing plantations so that the Company remains well furnished beforehand with all necessary provisions proper for the Negroes and other inhabitants. Free planters were likewise recommended to be well stocked with such things against that time. Regarding the manner of fencing, the Company noted that local stone is certain to be the best and cheapest material where available. In other places, a large ditch and bank well planted with a live fence was considered the most proper and profitable method for keeping out all kinds of cattle. Great care was to be taken during the first two or three years to protect the “quickset” (live hedge) from being cropped by cattle and to keep the banks constantly weeded. It was advised that horses and sheep intended for breeding should not be allowed to increase at large but should be kept “within doors” or in well-fenced enclosures. This measure was intended to prevent accidents and mischances, especially to young poultry and other vulnerable livestock. The Company observed that oxen were not currently used to carry burdens on the island as they are in India. Although this was not the custom in England, it was judged to be very advantageous in a mountainous country. The Company noted that oxen should never be in short supply where grass grows in abundance year-round. While there might be some difficulty in bringing them to eat hay when first used, it was believed they would adapt by degrees. Bringing oxen to this use was considered absolutely necessary for the benefit of the plantations. The Governor was ordered to survey the whole soil and extent of the Great Wood mentioned previously, which was understood to be nearly two miles square. Although commissions had been given to individuals such as Mr Yeamans to take possession of certain areas, the Governor was not forbidden from determining how best to employ black men or others in the management of these lands. Interpretations Madagascar sheep: A breed of fat-tailed sheep common in the region, which the Company hoped would thrive in the climate of St Helena. Quickset: A hedge formed of living cuttings of plants, such as hawthorn, set directly into the ground to grow into a dense, stock-proof barrier. Within doors: In this context, the term refers to keeping livestock in stables, barns, or pens rather than allowing them to roam freely on common land. Burthens: An archaic spelling of “burdens,” referring to the loads or freight carried by pack animals. Great wood: A significant indigenous forest on St Helena, the survey of which was vital for the Company’s plans for timber and land clearance. Perhaps: Used here to suggest that the Governor’s discretion in land management was probably intended to maximise the utility of the island’s labour force. |
98 | 77 | 17 his father taken care to Employ him in our service and in such service Under himself in the receipt and disposing thereof unto the Revenue accomptant and make and returne Disposing of such a salary and the fees of the office of which you will be very considerable and we doe hereby expressly order in case of the death or removal of our present Governour [...] Blackmore that our Deputy Governour Robert Holden shall succeed and be our next and immediate Governour of that Island in case of the said Robert Holden Death or Removall our next heir of Councell Ensign Gregory Field shall succeed and be our next Governour 90 In further consideration we have thought fit for our Gov[ernou]r and Register Doe to print blanks for Deeds of freehold land and Leases and that both [...] shall and bear our Common Seale which we send you herewith for that and other purposes and Do order that our Governour and Councell shall subscribe only six witnesses thereunto according to a blank instruction form and We have filled up for a President and the Register is to [...] write in what page of the Register book the Deed or Lease is Registered of the said blanks we send you herewith blanks and which are to remain in the custody of our Governour We Discoursing with many men concerning methods for the Improvement of our Island and Mr Samuell informing us that our Land is very good we amongst other things thought upon the making of Salt Peter there if you can find it to be sufficiently impregnated with Nitre to produce that Commodity concerning which we have discoursed at large with Mr Gregory [...] Holden and [...] We suppose that some parts of your Island may be stronger in Nitre and some weaker and whether that part of the Island more and drier places may be most proper to produce that Commodity upon trial and Sampling and therefore we advise in the first place you set about this manner of triall of Soper earth which may be after this manner Put in some [...] or small Inground Earth the ground lay but to that one you shall fresh water [...] the Earth and wash it often enough one or two or three times this like settle it it is settled you must strain it through a fine [...] in a clear vessel and [...] that water will not be [...] but dry or that water will settle into a [...] which being laid upon a board with the [...] in it all water will runn through & leave the salt upon the board which or more afterwards weigh & if you should [...] there you have an ounce of Nitre [...] there [...] we have not seen nor could hear well produced out [...] | The Company made provisions for the succession of the government on St Helena. It was expressly ordered that in the event of the death or removal of the current Governor, Richard Blackmore, the Deputy Governor, Robert Holden, should immediately succeed him. Should Robert Holden also die or be removed, Ensign Gregory Field was appointed to succeed as the next Governor. These appointments were intended to ensure the stability of the revenue and the continued disposal of the Company’s business. For the better management of land, the Company directed the Governor and the Register to use printed blanks for deeds of freehold land and leases. These documents were to bear the Company’s Common Seal, which was sent with the instructions for that purpose. It was ordered that the Governor and Council subscribe as witnesses according to the provided form. The Register was required to record the specific page in the Register Book where each deed or lease was entered. These blank forms were to remain in the secure custody of the Governor. Following discussions regarding the improvement of the island, and noting reports that the land is of good quality, the Company suggested the manufacture of saltpetre. The Governor was advised to investigate whether the soil is sufficiently impregnated with nitre to produce this commodity. It was supposed that certain drier parts of the island might be more proper for this purpose than others. A specific method for trial was described: a sample of earth should be placed in a vessel and washed with fresh water several times. Once the water has settled, it must be strained through a fine cloth into a clear vessel. The remaining liquid is then to be dried until it settles into a substance which, when laid upon a board, allows the water to run through and leaves the salt behind. The Governor was instructed to weigh the resulting nitre to determine if the yield is sufficient for production. Interpretations Blackmore: This refers to Richard Blackmore, who served as the Governor of St Helena during this period of the seventeenth century. Common Seale: The official seal of the East India Company, used to authenticate legal documents, leases, and land grants on the island. Salt Peter: Also known as potassium nitrate, this was a vital ingredient for the manufacture of gunpowder and a highly valuable commodity for the Company. Nitre: Another term for saltpetre or the mineral form of potassium nitrate found naturally in certain soils. Soper earth: This perhaps refers to “soapy” or alkaline earth, which was traditionally searched for by saltpetre men as an indicator of high nitre content. 17: This number appears out of sequence in the manuscript but refers to a specific paragraph or section of the Company’s ongoing instructions. Governor [...] Blackmore: The manuscript probably contains a slight omission or blot, but clearly refers to the established Governor at that time. |
99 | 78 | India as one ounce is the most yt ever was procured out of ye earth yt ever was taken from ye bottom of any Cellar or Pigeon house in England The manner of making Salt petre in England is p[er]haps you have seen it is by putting earth dug out of Cellars or Pigeon houses in Hogsheads without any at ye bottom letting there a hole or two holes into which water is put yt water runs upon the earth & passes through or percolates being received into the bottom of the Hogshead called ye Trough & being thence drawn off and again poured upon the said water as aforesaid But in stead thereof we take some fresh earth we know yt sort of earth and where there has been making Salt petre in England whatsoever upon it or what but yt we may be inclined to yt manner rather than we have seen in use some dry Soap of Rubbish upon the floors in the Cellars from whence it comes most of the nitre we do import for England the manner is thus twenty foot square or some such case work boards whereof edges of such height they stand side to side in a square 2 or 3 foot high upon this earth we cause water to be put & ye Salt petre earth being in this manner we make it as in a one division we work earth & throw the Trough of ye bottom of which runs a floor that is flat or some 3 foot high to catch water which we gather or Channel which receives yt Liquor into a Cistern made tight with boards or clay or Lime or stone on which boards we do set & heap some earth of the bottom of yt Cistern & we make it into a head some twenty foot square we suppose then we would be made Cistern 20 foot broad 50 foot long though greater because the longer ye Liquor runs the Cistern you may will be advanced to take ye heat & evaporation of ye Sun the Cisterns we have in use in India are more narrow which when they have been filled with water Umbrella when ye Sun shines whether to prevent like dew they cover it in ye night or not we cannot learn When ye Liquor has lain so long till it begin to run in stone as a Crystall salt will then work it from on the another way except on division ye Sun heats them then all the wheel stones being upon ye sloping made of boards must hold the same place where the Liquor runs out which salt water it is meant with it from hole to hole after such draining carry it to another waters We are told that after one bed of earth is sufficiently percolated ye Liquor yt is drawn thence it becomes fit they do not presently throw out ye earth but put another there of ye same heap on it & sometimes a second repeating fresh earth upon one upon another | The Company provided a detailed comparison between the English and Indian methods of saltpetre production, encouraging the Governor to adapt these techniques to St Helena’s environment. In England, saltpetre was typically extracted from the earth of cellars or pigeon houses. This earth was placed in large wooden casks, known as hogsheads, which had holes at the bottom. Water was poured over the earth to percolate through it, and the resulting liquor was collected in a trough below. This liquid was often repoured over the same earth to increase its strength before it was processed. The Indian method, which the Company suggested was probably more suitable, involved larger-scale infrastructure. This process used a large square case of boards, perhaps twenty feet square and up to three feet high. Saltpetre-rich earth was placed within these divisions, and water was introduced. The resulting liquor was gathered via a channel into a large cistern, which could be as long as fifty feet. A key feature of the Indian process was the use of solar evaporation. The large cisterns allowed the sun’s heat to evaporate the water, leaving the crystal salt behind. In India, it was noted that “umbrellas” or covers were used to protect the liquor from the sun or dew, though the exact timing of their use remained uncertain to the Company. The process also involved “washing” the earth multiple times, often stacking fresh earth upon a bed that had already been percolated to extract every possible grain of nitre. Interpretations Hogsheads: These were large wooden casks of a specific capacity, typically used for shipping liquids or, in this case, acting as a filtration vessel. Percolates: This referred to the process of a liquid filtering gradually through a porous substance, which was essential for extracting soluble salts from the soil. Cistern: A waterproof tank or reservoir. The Company suggested these be made tight with boards, clay, lime, or stone to prevent the valuable liquor from leaking. Umbrella: In this context, this referred to a large temporary cover or roof used in India to shield the saltpetre liquor from dilution by rain or excessive contamination. Salt water: In this manuscript, the term referred specifically to the concentrated nitre-rich liquor (brine) before it crystallised into solid saltpetre. Pigeon house: In England, the nitrogen-rich droppings in pigeon houses and stables provided a natural source of nitre in the soil beneath them. Perhaps: The Company used this word to suggest that the Governor probably had some prior familiarity with the English method of extraction. |
100 | 79 | 79 [...] will conform you more & when you have so it affords plenty of time & begin your work with diligence with such kind of [...] well made too there are a [...] more [...] in less time than we bring to purpose But for more certainty we have writ to our Agent and Councell in the Bay to procure from our Resi- dents there all Reliance & full Description of the whole process in that work with the breadth & length and depth of the frames and Cisterns delivered upon oath and also to send some workmen ready made up & in fit for the receiving of the Liquor into the workmen from you may be taken some pains & you may take [...] with them if they may procure what of our Island and our use of them if you will encourage we shall send you more Timber and boards and some ground planted and several to make use of any above and after delivered in the process If your Earth prove good but you have not skill enough to make use thereof we shall send you skill and faculty to help you for sending from thence the costs will be much greater but it would be much cheaper if the sake of the work were a means to condense the Salt petre into such a form as shall be fit for our use and would be a commodity as well as to compare commodities to trade all the work of man We have spent large sums to build so large a Canal towards to use our Island and many ships are already bound and hope them to help out these difficulty and safe in their for Santalepa and other designs a constant affluence of all passages to our Island from England We have desired Mr Robert Holden and Mr Gregory Field and Mr Samuell [...] that they would [...] so they cannot [...] they will advise and acquaint you what they will impart to you 92 Mr Holden aforesaid being settled our Chief Governour would have all your power upon the Island immediately into his pos- session and all power by the Government of the said Island before all of Mr [...] have you take care that all our provisions and Stores be [...] belonging to the said Mr Holden and all Debts for them paid unto the said Mr Holden and demand all other Standing out and all further sums to find money and all other parts of the said Revenue due to us which he shall have order aforesaid to pay unto such money as he shall have order from the Company 93 We do also appoint Mr [...] Lieutenant Governour in case of the Death or absence of Mr Holden and that he shall have power to execute the Government in his absence or death until further order from us and we shall expect a good account of all his proceedings in that employment which he shall [...] | The Company provided further instructions regarding the production of saltpetre, promising that more time and diligence would bring the work to purpose. For greater certainty, the Company wrote to the Agent and Council in the Bay to procure a full description of the process, including the specific dimensions of the frames and cisterns, delivered upon oath. They also planned to send experienced workmen and the necessary equipment for receiving the liquor. The Governor was encouraged to take pains with these men, and the Company offered to send more timber, boards, and materials if the inhabitants showed proper encouragement. If the soil proved to be of good quality but the inhabitants lacked the skill to process it, the Company promised to send experts to assist. It was noted that while the initial costs might be high, the work would eventually prove cheaper if it provided a means to condense saltpetre into a form fit for trade. Large sums had already been spent on a canal and other designs to assist the island, and the Company hoped that a constant affluence of ships from England would help overcome current difficulties. Mr Robert Holden, Mr Gregory Field, and Mr Samuel were tasked with advising the Governor on these matters. Upon his settlement as Chief Governor, Mr Holden was to take immediate possession of all power and government on the island. The outgoing administration was ordered to ensure that all provisions, stores, and debts belonging to the Company were transferred or paid to him. Mr Holden was also authorised to demand all outstanding sums and revenues due to the Company. In the event of Mr Holden’s death or absence, the Company appointed a Lieutenant Governor to execute the government until further orders were received. The Company expressed its expectation for a good account of all proceedings during this employment. Interpretations The Bay: This refers to the Bay of Bengal, specifically the Company’s administrative centres in India, such as Fort St George (Madras) or Hugli, from where saltpetre expertise was sourced. Canal: This refers to an ambitious seventeenth-century engineering project on the island, perhaps intended for irrigation or to facilitate the transport of goods to the coast. Santalepa: This is a variant or perhaps a transcription error for a specific geographical location or ship name related to the Company’s designs. Agent and Councell: The high-ranking officials governing the Company’s interests in a specific region of India, who held the authority to dispatch specialists and technical knowledge. Revenue accomptant: The official responsible for maintaining the financial records and ensuring all debts and duties were paid into the Company’s treasury. |
101 | 80 | 20 which We presume to Us here his charge more [...] his Accts effected there & the person how he hath been imployed together [...] him & what his abilities is to act which Mr Thomas Bran[...] as more or less his and his Cattle for the most part the Island [...] shall make a full Acct unto you and order him to provide Charge to Answer these which he cannot do but by produce Being so order for which he hath delivered some strong reasons To give due Obedience to our Power now order and our Govern[...] until such time you may make them known to him & oblige him they will never be inclined to that respect and Obedience which is Necessary for the good success of all Settling of Islands 95 Wee Understand our Servants have sometimes done work for the Planters but not such work hereafter except the Charge be fully paid for work done and faithfully 96 Wee are greatly offended at your telling Us that the Planters will not duly assist the Island which we know well enough nor will they do any thing orderly if they may have their Wills; But what you have complained of we must expect them to make use of that is fit and reasonable so you find constantly the Result and long time still they are proved to better Government if they the Money shall be commanded upon the Island for the use shall be a punishment which you have made no provision in this Letter nor give us other consideration of how you mean to execute it but to give Provisional orders to Govern and Councell and publish it with such pecuniary mulct upon the offenders as you shall see cause advising us thereof by our next shipping or by such other means and by what other constraint as you shall think best for the public 97 Wee send you two Ministers which we have entertained & give them Salaries & they are to have their Dyet with the Governour at present & convenience of Dwelling in one or two new Storehouses which shall tend to avoid all [...] Building 98 Smouth & Thurwyn are to act as you see fit to draw persons & planters for convenience of Trade and to witness to you in all these matters for a month fortnight or day or two we enjoyne them but one day you may persuade them to what store you mean I advise & cut a Road of 20 foot wide from the beginning of the old path to the top of your hill and down the followest you cannot do it no way doing another 99 Wee are told there is one Island there upon Island can make Indigo & Cotton the people grow plenty in the production of which we could [...] | The Company addressed the ongoing management of accounts and the conduct of individuals on the island, specifically noting that Mr Thomas Bran[...] must provide a full account of his activities and livestock. It was emphasised that inhabitants must be made to understand and obey the Company’s authority, as respect and obedience were considered necessary for the successful settling of the island. A strict order was issued regarding Company servants, who had previously performed work for free planters. In the future, such work was forbidden unless the full charge was paid faithfully. The Company expressed significant offence at reports that the planters were refusing to assist the island or act in an orderly manner. It was observed that the planters would likely continue to follow their own wills unless constrained by better government. To address this, the Governor and Council were authorised to publish orders and impose “pecuniary mulcts” (monetary fines) upon offenders. The Governor was directed to advise the Company of these measures and any other constraints deemed best for the public good by the next shipping. To support the spiritual and social order of the colony, two new ministers were entertained and sent to the island. They were granted salaries and directed to take their diet with the Governor. For their accommodation, they were to dwell in one or two of the new storehouses to avoid the expense of new building projects. Furthermore, individuals named Smouth and Thurwyn were appointed to act as the Governor saw fit to assist with trade and act as witnesses in administrative matters. A specific engineering instruction was given to cut a road 20 feet wide from the beginning of the old path to the top of the hill, following the lowest possible incline. Finally, the Company noted reports that Indigo and Cotton could be successfully produced on the island. As these crops grew plenteously in similar climates, the Company expressed a desire to see their production encouraged. Interpretations Pecuniary mulct: A legal term for a fine or financial penalty imposed as a punishment for an offence. Dyet: An archaic spelling of “diet,” referring here to the daily meals provided at the Company’s expense at the Governor’s table. Road of 20 foot wide: A significant infrastructure project designed to improve transport between the landing areas and the interior plantations. Indigo: A valuable blue dye extracted from plants, which was one of the Company’s most profitable trade commodities in the seventeenth century. Cotton: Along with indigo, this was a “venturable” crop the Company hoped would provide a sustainable export for the inhabitants of St Helena. Perhaps: The Company used this word to suggest that the Governor probably needed to use firmer disciplinary measures to manage the planters’ resistance. |
102 | 81 | 21 You may give them 3 l b p cent for all the Indico they shall produce & 1 s a pound for all the Cotton they shall produce upon that land Tho[ma]s Thurwyn saith & take ones ho[...] investion pound examined & maker bring but ins[...] halfs severall Right down like him wh[... ] or a disposition on either side Recom[m]end you & our [...] in your Resolution and guidance of a Almighty & [... ] your being ordered Hol[...]ton Will[...]son The Dev[...]l for [...] John DuBois We have [...]d a good Letter from Lew Johnson which makes move him for any dislike but only makes a political change of our Councell for no small Mat[...] You cannot think it possible you should have admitt[...] any subterfug[...] upon any pretence of necessity (some strang[...] on the [... ] without taking some care [...] Major [...] from Con[...] had not been so it being not only against reason but unnecessary to do our service upon so vile & low [...] friends and against an Interest in that Government betwe[...] where that cost us Eight & ten thousand pound since [... ] that has been a [...] person now [...] those clearing his acco[...] & other justifications of his actions as we will not trouble our selves about them but only charge to maintaine you to deal there & therefore you caused at his request to continue to him the same Justice from you without suffering Passion or Res[...] to pervert him in the least of any time but favour observe not from his From my Sandbrook [...] Barke Samuell Nurse Edw[ar]d Ringe Christopher Boone Thomas Cartham Jos: Cro[...] Joseph Wicks John Major James Ma[...] Tho[ma]s Dav[...] Virgini[...] Tayl[...] Henry Sty[...] John Dav[...] | The Company concluded its instructions by setting specific financial incentives for the cultivation of new crops. It was ordered that the inhabitants be paid 3 pounds per cent (likely referring to a hundredweight or a specific bulk measure) for all indigo they produced, and one shilling per pound for all cotton raised upon their land. The text referenced a disposition involving Thomas Thurwyn and other individuals, emphasizing the need for the Governor to remain firm in his resolutions and guidance. The Company also addressed a letter received from Lew Johnson; they clarified that changes to the Council were made for political reasons rather than personal dislike, as the management of the island’s interests was no small matter. The Company expressed frustration regarding past expenditures, noting that the government of the island had cost them between eight and ten thousand pounds. They instructed the Governor to maintain the established charges and to ensure that justice was administered to individuals clearing their accounts. The Governor was specifically cautioned not to allow passion or resentment to pervert his judgment, but to ensure fair treatment at all times. The document concluded with a list of signatures from the Company’s directors and officials, including John DuBois, Christopher Boone, and several others, who formally endorsed these orders for the governance of St Helena. Interpretations 3 l b p cent: This refers to the price of three pounds sterling per hundredweight ($112$ lbs) for indigo, a significant sum intended to encourage its production as a cash crop. Political change: This suggests that the restructuring of the local Council was a strategic administrative move by the Company to ensure its policies were more effectively executed. Eight & ten thousand pound: This highlights the immense financial investment the East India Company had made in St Helena by the 1680s, explaining their strict oversight of its resources. Passion or Res[...]: This probably refers to “Passion or Resentment,” a common legal and administrative warning of the era, advising officials to act with impartial reason rather than personal emotion. John DuBois and Christopher Boone: These were prominent members of the Court of Committees of the East India Company, whose names frequently appeared on official dispatches to the colonies. |
103 | 82 | Wee understand there are Quantity of beef and other Good that [...] and which you have No use for on the Island you are therefore to Deliver the said [...] on board S r Thomas [... ] that the Reall the Second will carry other and Remaine a Wolle con[...] cannot be vended upon Our Island in 3 years time and dispose them to our Agent and Councell in the Roade to the End they may be made use of as you Now Designed Settlement at [... ] or No other [...] the pleas but send none of those goods you Receive by the Ship because we will not be at [...] upon Mr Smouth [...] neither would we have him [...] more thereof to our Wee have an Absolute Necessity Wee intend in 8 or 9 months time to send you Another Ship Loading of Boards and Timber but no other Goods till These are Disposed off the 10 th August 1683 Wee have now positively Resolved to Settle upon Some Island in the [...] for which Sr Thomas Bran[...] knows more and in Order to that Settlement we desire you to send the Severall sorts and Number of Cattle undermentioned By this Ship Called the Second or at least so many of them as you can make provision for in the Voyage bringing them to our England Councell in the South Sea which ready fails not being Master of the all or upon to the Lands and Kingdoms as well as to the Company 20 Young Cowes 2 [...] Bulls 10 Breeding Ewes 2 Young Boares 10 She Goates 2 He Goates | The Company observed that there was a quantity of beef and other goods on the island for which the inhabitants had no immediate use. The Governor was directed to deliver these surplus supplies on board the ship Second, commanded by Sir Thomas [...]. It was noted that such goods, if they could not be sold on the island within three years, should be disposed of by the Agent and Council to support a newly designed settlement. The Company specifically instructed that no new goods from the current ship be sent back, as they wished to avoid further expense or unnecessary accumulation. Plans were made to send another ship in eight or nine months’ time, loaded with boards and timber, but no other goods were to be dispatched until the current stocks were exhausted. On 10 August 1683, the Company positively resolved to establish a new settlement on another island. To support this venture, the Governor was required to provide a specific number of livestock from St Helena to be transported on the Second. The Master was to ensure adequate provision was made for the animals during the voyage. The required stock included: - 20 Young Cows
- 2 Bulls
- 10 Breeding Ewes
- 2 Young Boars
- 10 She-Goats
- 2 He-Goats
Interpretations 10th August 1683: This date marks the final instruction in this specific dispatch, confirming the timeline for the new colonial venture. The Second: The name of the vessel assigned to transport both surplus goods and the livestock required for the new settlement. Vended: An archaic term meaning sold; the Company was concerned with the economic efficiency of the island’s stores. South Sea: In the seventeenth century, this term often referred to the Pacific Ocean or the waters around the East Indies where the Company was looking to expand. Breeding Ewes: Female sheep intended for reproduction, essential for establishing a self-sustaining flock in a new colony. Perhaps: The unnamed island mentioned for the new settlement was probably intended to be a strategic waypoint or trading post similar to St Helena. |
104 | 83 | (23) Our Governour & Councell att St Helena 83 London 22 August 1683 Since our last letter to you by this ship we have perused all your Accts & booke councells & warrants and other [... ] affaires sent Us by the Sa[...]on and Return which are so well method[...] that we doe heartily meete commendation & we have no fault to find with the diligence you have given (which you are to call use in cases of controversie stand all or mind demands but shall according the s t [...] & tenour & mean of your proceedings in sentence we much favour & incline you very much first never undertake any fine w[...] Comp[...] which you shall never make any [...]ly of all & Courts & publick Europe as well as England your native Country so that it appears monstrous to us how you could possess your self so far to affirme or any body else that they should never pay Work men or [...] that giving not a Court Test in the smallest manner of Evidence but you are possess[...] which is curious that there is always a few men & manner breed dissatisfaction to be understood in the Island is recovered by action or command get the execution of a Justice of Peace or some other persons Officer in a manner Comon law Court Corporation the land in Westminster Hall you know persons recover their mon damages by action but upon an Affidavit upon Breach Standing of mines in by your Authority both mainteine[...] whatsoever the fines is set by you though but above forty King use Wee think you were not severe enough by more in the case of contempt nor would this Governour such insolence be a bold example of authority Making & Restitution & therefore we expect to be punished severely both in person & purse Upon perusal of your Accts Book we [...] danger of small Ballance standing out to the Company which we will not allow to stand and [...] not worth our while to keep Books of so small concern & therefore we require you to raise [...] by Distress or otherwise which for the future [...] and for the future making such Debts which we cannot recover [...] & hereafter but no [...] [...] | The Company sent this further dispatch from London on 22 August 1683. Having perused the accounts, council books, and warrants returned by previous ships, the Company commended the Governor and Council for the well-methodised nature of their affairs and the diligence they had shown. However, the Company addressed a point of controversy regarding the legal authority of the island’s government. It was considered monstrous that any person should suggest they were not required to pay workmen or fines without a court test. The Company clarified that the execution of justice on the island was not to be hindered by the formalities of common law courts or corporations as they existed in Westminster Hall. In England, damages might be recovered by action, but on the island, the Governor’s authority to maintain order and set fines-even those above forty shillings-was absolute. The Company expressed that the Governor had perhaps not been severe enough in a recent case of contempt. Such insolence was viewed as a bold challenge to authority that required severe punishment in both “person and purse” to serve as an example. Upon a further review of the account books, the Company found a number of small balances standing out that remained unpaid. It was determined that it was not worth the Company’s while to keep books for such small concerns. Therefore, the Governor was required to raise these sums immediately by distress or other means. For the future, the Governor was ordered to prevent the accumulation of such debts, as they were difficult to recover once they had been allowed to linger. Interpretations Westminster Hall: The seat of the English high courts of law. The Company was asserting that the legal technicalities used in England did not necessarily apply to the more direct military and civil government of St Helena. Affidavit: A written statement confirmed by oath or affirmation, used here as the basis for the Governor to take summary action. Distress: A legal process in the seventeenth century whereby an officer could seize a person’s goods or property to satisfy a debt or fine without a full court trial. Person & purse: A common legal phrase of the period indicating that a punishment should involve both physical imprisonment or corporal discipline and a monetary fine. London 22 August 1683: The date of this specific addition to the Company’s general instructions, sent shortly after the previous orders. Booke councells: The official minute books of the Governor and Council, which were sent back to London for the Company’s directors to audit. |
105 | 84 | What you to take out of this Cargo must only be for the Comp s proper use & not to sell again but to keep in the possession of our Storehouse until further Order be issued for the same by warrant as you have occasion The plausible petition of William [... ] can say nothing to give for those Reasons one is me smote apprehend that his Government there should keep a Man out of his money without some cause which cause is not intimated to us and we know it can be done no man holds so much preference and obliged against Authority of teaching this [...] nor get them to any thing Another Reason why we cannot determine that matter now is because we have at present no [...] to [...] Till we better understand all from you pray you therefore become of the goods now left you and then in a months time send us Acct & you doe well to make the greatest use you can of your Debtors then which by slight Inspection were done at high rates viz at all the long price of 30 s you sell them all being which makes the money hereafter their carriage from Tobago Wee must advise you in all your Transactions not only strictly regularly orderly & plausibly but to apply (which are all very good) the knowledge Compa[...] Interest & profit or otherwise misgovernment & the [...] charge they have created in that place which is highly reasonable as hath been discovered at large before There are two Ministers on board s r Tho: Bran[...] which you may entertain upon the charge that the Company doth not to begin Salary or gratuity till the first day of their preaching upon the Island which we allow time hereafter allow any Land or provision to any Ministry but only his Dyet at the Governours table which he boards at you may at no time do you Refuse the Cost of any Church Wee see by your Councell Books you give leave to many persons to plant small parcells of Land near theirs but not allowed to them all which we require you to returne to the Company use or dispose the parts lease them for 21 years not a valuable rent to be paid to the Company & never more in any pretence or cause whatsoever to alienate in fee one Acre of the Companys Land for that we have reason to be preserv[...] acre of Plantable land upon the Island will come in a few years after the ground is stocked with Negroes [...] | The Company issued strict instructions that any goods taken from the cargo must be reserved for the Company’s proper use only. These items were not to be sold but were to be kept in the storehouse until a warrant was issued as needed. Addressing the petition of William [...], the Company noted that they could not support a government that withheld a man’s money without an intimated cause. However, they deferred a final determination on the matter until they received a better understanding of the situation from the Governor. In the meantime, the Governor was directed to provide an account of the goods left in his care and to make the greatest use of the Company’s debtors. The Company observed that goods from Tobago had been sold at high rates, such as thirty shillings, which affected the subsequent value of the money and carriage. The Governor was advised that all transactions must be conducted in a manner that was strictly regular, orderly, and plausible. He was urged to apply his knowledge to the Company’s interest and profit to avoid the “misgovernment” and high charges that had been created previously. The two ministers on board Sir Thomas’s ship were to be entertained, but the Company stipulated that their salary and gratuity would not begin until their first day of preaching on the island. Furthermore, the Company reiterated that no land or provisions would be allowed to any minister; they were only to receive their diet at the Governor’s table. Finally, the Company addressed the practice of allowing persons to plant small parcels of land near their own. The Governor was required to return these parcels to the Company’s use or lease them for a term of twenty-one years at a valuable rent. The Company strictly forbade the alienation of any acre of land in fee simple under any pretence, as they believed every acre of plantable land would become highly valuable once the ground was stocked with Negroes. Interpretations Warrant: A formal written authorisation required before any goods could be legally removed from the Company’s storehouse. Tobago: A reference to goods or carriage possibly originating from the West Indies, indicating the interconnected nature of seventeenth-century colonial trade. Alienate in fee: A legal term meaning to transfer the permanent ownership of land (freehold) away from the Company. Valuable rent: A market-rate or significant rental payment, as opposed to a nominal or “peppercorn” rent. Dyet: As previously noted, this refers to the communal meals provided at the Governor’s table, which served as the primary form of maintenance for officials and clergy. Perhaps: The Company’s refusal to alienate land in fee was probably a strategic move to ensure they retained absolute control over the island’s future development. |
106 | 85 | 25 to be work more money & [...] which does not prove of England as it is a Barbadoes & other places such like production that are throughly settle which is all at present from Wee have delivered to Mr Holden advice of sale & Accts & [...] ready for use of your Island Francis Tyssen John DuBois Wm Jarnett Rich Attkinson Jo: Cock Edward Ridges Your loving friends Jn o Banckes Govern r Jos: Child Christ Boone Tho: Carham Wm Sedgwick Our Govern r & Councell att St Helena By our last of y e 22 t h of August we delivered it Our Govern r & Councell att St Helena London 22 t h Aug t 1683 Since the writing of our Letter to you of y e fifth instant we have upon y r desire & importunity of Ensign Yong who desired to come with the returne this Round & to serve in y e Surgions roome as according to their promise to be allowed as out of this salary which shall first become due you are therefore to ratify the same & to be discharged accordingly & make good in our Acct & advise us of y r proceedings herein Your loving friends Jn o Banckes James Wyche Wm Sedgwick Edw Rudge Chris Boone Tho: Carham Francis Tyssen John DuBois Thom[...] Davall Wm Jarnett Rich Attkinson Jo: Cock Our Gov r & Councell att St Helena 49 By our last of y e 22 t h of August we advised Wee had advanced unto Mr Francis Yong y e sum 15 s upon his growing salary for which we doe send & we think fitt to make y e same to your self payment of y t money is may be delivered unto Wee Remain Signed [...] | The Company concluded its dispatch by comparing the economic potential of St Helena to established colonies such as Barbados. It was noted that while the current production did not yet match that of England or other settled territories, the Company remained focused on the island’s future development. Mr Holden was provided with advice regarding sales and accounts to ensure the island’s records were ready for use. In a further addition dated 22 August 1683, the Company addressed a request from Ensign Young. He had expressed a desire to return on the current voyage and serve in the surgeon’s room. The Company agreed to this arrangement, stipulating that his pay should be deducted from his salary as it became due. The Governor and Council were instructed to ratify this change, discharge the accounts accordingly, and advise the Company of their proceedings. A final note confirmed that an advance of 15 shillings had been made to Mr Francis Young against his growing salary. The Governor was directed to ensure this payment was properly recorded and delivered. The dispatch was signed by the Governor of the Company, John Banckes, along with prominent directors including Josiah Child, Christopher Boone, and John DuBois. Interpretations Barbadoes: A reference to the highly profitable sugar-producing colony in the West Indies, which served as a model for the Company’s ambitions for St Helena. Surgions roome: The designated area on a ship or within a fort for medical treatment; Ensign Young was permitted to serve there in a professional capacity. Growing salary: A seventeenth-century term for salary that is currently being earned or accumulated but has not yet been paid out in full. Fifth instant: This refers to a previous letter sent on the 5th of the current month (August 1683). Your loving friends: The standard complimentary close used by the Court of Committees of the East India Company when writing to their colonial governors. Perhaps: The Company’s comparison to Barbados was probably intended to motivate the local administration to increase the island’s agricultural output. |
107 | 86 | Our Governour & Councell at St Helena London y e 8 t h 1683 Being diverted from our intended warlike Expe[...] tion from the Sea upon an Assurance of a good Agreement here with the Dutch (which we wish may prove so) Wee have sent this Ship well manned merchant with her Cargoe of Provisions consigned to your selves of which we desire you to make sale to the most Advantage either to our Planters or to our Shipping that shall touch at that Island and if Thomas Bran[...] be not departed before this Ship arrives with you we would have you make sale likewise of the Cape Rice to such as you can find to take in any other of Shipping then because we shall suspend making any Settlement there till we understand from what will be the Issue of the Peace or Compositions following from those in the same Condition we had formerly S r Thomas Bran[...] be gone from St Helena you are to be encouraged of this Ship at the said then board her & compleate her Cargo upon that Island and dispatch the Ship presently for Cape of Good Hope where she is to follow the order of our Agent and Councell Wee shall Expect that you make Us noe losse either in freight and profit in the whole of this Cargoe we hope more then we are informed by the Agreement with Bran[...] for our Ships that doe come yearly by S r Bran[...] and we Expect you shall make Use of the Returnes thereof rather to Secure as for London in the same manner as we Directed in our former letters to you by this Ship Called the Second If S r Thomas Bran[...] be not gone in Regard he Desired from hence with a small stock of his own and who not convenient for So long a Voyage and such other reasons as he hath on board you may spare him what little provisions by the way such a proportion of any sort as he shall Desire and give you his receipt to account with Us here upon his Returne for we are [...] Your ever loving Friends John Banckes Govern r Jeremy Sambrooke Dep t Jos: Child Joseph Herne | The East India Company sent this dispatch from London in 1683, noting that they had been diverted from an intended warlike expedition following assurances of a diplomatic agreement with the Dutch. Consequently, the Company sent a merchant ship well-manned and laden with a cargo of provisions consigned to the Governor and Council. The Governor was directed to sell these goods to the best advantage, either to the local planters or to any shipping that touched at the island. If Sir Thomas Bran[...] had not yet departed, the Governor was instructed to sell the “Cape Rice” to any available shipping. The Company resolved to suspend making any further settlements until the outcome of the peace or ongoing compositions with the Dutch was better understood. If Sir Thomas had already left St Helena, the Governor was to encourage the present ship to complete its cargo on the island and dispatch it immediately to the Cape of Good Hope, where it would follow the orders of the Company’s Agent and Council. The Company expressed its expectation that the island administration would ensure no loss was incurred in freight or profit. Returns from these sales were to be secured for London, following the same instructions previously provided for the ship named the Second. Furthermore, if Sir Thomas required provisions for his return voyage, the Governor was permitted to spare him a reasonable proportion of any sort, provided he gave a signed receipt to account for the costs upon his return to England. Interpretations Assurance of a good Agreement: This refers to the diplomatic efforts to maintain peace between the English and the Dutch East India Companies, whose rivalry often led to naval conflict in the seventeenth century. Cape Rice: This probably refers to a specific stock of rice intended for or sourced from the Cape of Good Hope, which was a vital supply station for the Company’s fleet. Compositions: A legal and diplomatic term of the period referring to the terms of a settlement or financial arrangement made between competing parties. Cape of Good Hope: The southern tip of Africa, which served as a critical waypoint for ships travelling between Europe and the East Indies. London y e 8 t h 1683: The date of the letter, though the specific month is obscured in this part of the manuscript, it clearly belongs to the series of dispatches sent during that year. Perhaps: The Company’s decision to suspend new settlements was probably a cautious response to the shifting political landscape in Europe. |
108 | 87 | Our Governour & Councell att St Helena London 5 th Aprill 1684 1 Wee have ordered the above (for the price to other you our Order and Instructions to him by which you will see what he is to doe and you are to expect from him 2 Of the negroe he delivered you sell what you can among the Planters from 12 and 14 p head & in good price the rest shall are to employ in culti[...] Work According to our large Instruction by Sr Thomas Bran[...] you find may well be to accomplish 3 Beef Dally, water casks, and some sheep and everything that shall be con[...] Disposed you for the use of the Island and for the shipping there which Generall we send you shall Doubtlesse be profitable and serviceable particular which may be disposed of likewise and afford us you can for our great Receipts of that kind 4 Wee hope you have begun with raising a proper species of Iron and for a large Sugar Plantation which is some as we hear from you we shall furnish by sending Coppers, Stills and other necessary utensils for ye carrying that of that work which will produce Sugar to great advantage by use of our canes being it will be best to do so the because whatever quantity thereof you have produce besides the expence of the Island Isle shall never faile of a good market for all Holland & Spain & places you go from thence to sell it in many with great convenience and little charge to let bring you constant supplies of Brick Lime & Timber & boards & Coals &c 5 You will see by our Letter to Cap t Knox that after his discharge of his Negroes we design him another voyage for pepper in order whereunto you are to furnish him with this s t of what you can possible procure upon the Island and likewise Bags of Callico with some or all from England towards loading or at the Cape if he can be furnished as they can to best come at and we do herewith send you an order to the Commanders of any shipping in our service to deliver you to whom you can accordingly upon receipt whereof you are to give them respectively a discharge in any form for what you receive of them for ye use aforesaid 6 The goods most proper to be taken out of our outward shipping you may or cannot Cargoe Knox and dispose for us to have & which & goods as Bay for broad cloth & Ser[...] either as you can best come at them without inconvenience to prevent which we enumerate more so the Dutch doe not furnish Cape Trade with above 200 or 3000 in such cases we would have you take out of our and deliver him 10 Bale Cotton Yarn for it 7 What Cotton wooll or Cotton yarn [... ] [...] | The Company issued these instructions from London on 5 April 1684, directing the Governor and Council on the management of new arrivals and the development of the island’s economy. Regarding the Negroes delivered to the island, the Governor was ordered to sell as many as possible to the planters at a price between 12 and 14 pounds per head. Those who were not sold were to be employed in cultivation and other works according to the previous large instructions provided by Sir Thomas Bran[...]. The Company also sent supplies of beef, water casks, and sheep, which were to be disposed of for the use of the island and the visiting shipping. The Company expressed hope that the inhabitants had begun raising a proper species of iron and preparing for a large sugar plantation. Upon receiving further reports, the Company promised to furnish the island with coppers, stills, and other necessary utensils for sugar production. It was noted that any sugar produced beyond the needs of the island would find a ready market in Holland, Spain, and other locations, providing a convenient means to fund constant supplies of brick, lime, timber, boards, and coals. Captain Knox, after discharging his cargo of Negroes, was designed for a subsequent voyage to procure pepper. The Governor was directed to furnish him with whatever could be procured on the island, including bags of calico. An order was provided to the commanders of any Company shipping to deliver necessary goods to the Governor upon receipt of a formal discharge. Finally, the Governor was authorised to take specific goods from outward-bound shipping, such as broadcloth and serge, for the Company’s use. In cases where the Dutch might interfere with the Cape trade, the Governor was instructed to take ten bales of cotton yarn from the Company’s stores to assist in the trade. Interpretations 5 April 1684: The date of this dispatch, showing the continued oversight of the island’s administration into the mid-1680s. Coppers and Stills: The industrial equipment required for boiling sugar cane juice and distilling spirits, such as rum, which the Company hoped to produce on St Helena. Species of Iron: This perhaps refers to the search for iron ore or the preparation of iron tools necessary for the heavy labour of a sugar plantation. Cap t Knox: This refers to Captain Robert Knox, a well-known sea captain in the Company’s service who was frequently employed in the slave trade and eastern voyages. Bags of Callico: Calico was a plain-woven cotton cloth from India, here intended to be used as packaging for the transport of pepper. Holland & Spain: These European powers were identified as primary markets for the island’s potential sugar exports. |
109 | 88 | [...] you in the [...] this Wee would have you Nothing done which you may [...] Negroes Colliers Cattle [...] one or two more [...] for another or other provisions or Dutch Country which you may have from Madagascar or elsewhere what may serve you best upon the Isle and what you shall have use of you can sell or exchange and you may likewise have Iron shall have it if 4 or 5 Bale or such Goods as may otherwise you judge fit or can make sale thereof for our benefit the Island by your care 9 Wee have given you what Cloth with which and more or [...] to the French and the Planters you the English of the Company to the Island your distribution of Indigo Slaves [...] which goods are [...] or other more to our Government you stand acquitted thereof 10 Wee have sent you by this Ship a stock of Cattle and that you make use of them to serve the Company according to those Instructions you have had from Sr Thomas Bran[...] and do assure your selves and faithfully apply your selves may undoubtedly from time that may be fit for breeding and increase and supply your occasions thereby and the Island 11 During the time upon a Survey we have ordered you absolutely to take the advice & assistance of the persons we have commissioned for the managing & keeping the Companys more Estate and particularly for Sugar works there must be care have the Husbanded [...] of the [...] that we might expect some returns by Experiment before many years although that is not to be expected till the work be begun may soon be made upon the Island 13 Wee formerly wrote you to have two planting places adjoining to the other by wherof that you make one entire and as you shall judge meet you are by the King you even plant for such one benefit because it will be not be damaged by the former & no more to that use and other plantations do better as you must always remember that all places are Centrally to be one set for Husbandry which they are young other ways they will never do so well 14 If you plant any quick growth plant them first because in time time you may bring some ready advantage 15 But the more planting too great stores to encourage your Plantations upon which you do not foresee what we would have allowed you about to go about production and to set the first of that among other things which may be made more in the several things the Company may have use and order to be made and delivered upon the [...] 16 If any planter neglect their Husbandry and all his servants and Negroes attend the King you have the Improvement of the Husbandry there he has power to seize their corn or the Defaulted and whatsoever he has done in the default and dispose them as you shall think fit and that the Law favour 17 [...] | The Company provided further guidance on the management of labour and resources, suggesting that the Governor employ Negroes as colliers and in the tending of cattle. Provisions from Madagascar or other regions were to be sourced as required, with the Governor authorised to sell or exchange such goods for the benefit of the island. If needed, four or five bales of iron or other suitable goods were to be made available for sale. Instructions were given for the distribution of cloth and other goods to the French and English inhabitants. The Company noted that once these goods, including indigo and slaves, were properly distributed under the government’s oversight, the officials would stand acquitted of their responsibility for them. A new stock of cattle was sent by the present ship. The Governor was directed to manage these animals for breeding and increase, ensuring they supplied the island’s future needs according to the protocols established by Sir Thomas Bran[...]. Regarding the development of the sugar works, the Company ordered the Governor to take the advice and assistance of the commissioned managers. It was emphasized that these works must be husbanded with great care. While immediate returns were not expected, the Company anticipated results from these experiments within a few years of the work beginning. The Company reiterated the importance of consolidating planting places into entire, centrally managed estates. This method of husbandry was considered superior to fragmented plantations, particularly when the plants were young. The Governor was advised to prioritise the planting of “quick growth” crops to bring a ready advantage to the island’s economy. Finally, the Company addressed the issue of neglected husbandry. If any planter failed to attend to their lands, servants, or Negroes, the Governor was empowered to seize their corn or other defaulted goods. These were to be disposed of as the Governor saw fit, provided such actions remained within the favour of the law. Interpretations Colliers: In this context, the term refers to labourers employed in the production of charcoal or the handling of coal, which was essential for the island’s industrial tasks. French and English: This refers to the diverse makeup of the early settlers on St Helena, which included French Protestant (Huguenot) refugees as well as English planters. Husbanded: A seventeenth-century term meaning to manage resources with thrift and prudence, particularly in an agricultural or domestic context. Quick growth: Refers to crops with short maturation periods, which the Company hoped would provide immediate food security or trade value. Seize their corn: A disciplinary measure allowing the government to confiscate crops from planters who failed to meet the Company’s standards of land improvement. Perhaps: The Company’s insistence on “centrally” managed husbandry was probably an attempt to replicate the efficient plantation models found in the West Indies. |
110 | 89 | (5) 18 Wee confirme all our former orders & directions concerning the Companys servants upon the Island and desire you to see them to be observed and that Violations are to be discovered and punished att St Helena Wee doe hereby Require you to observe the same for the Company in their behalf 19 Wee understand by Mr [...] and others that all is very Disorderly About the Island [...] by the heads of the men Comp[... ] the Sold[...] whatsoever or any [...] that the say of the Work which hath falleth you more in apprehension than before we understand which confines all things to one hand and some other thing is in State having the sell of the Sea and being governed [...] which disposes according to that we now see on this Island Convenient which might be a great wealth and yet become only a place of lying in which persons come and go without any good Government which that is to bring any form which shall not be seen in that what may be done but not any time because we think this must come to be orderly and under Government then to tell you that any one or more Persons or that any one or more shall have a stock during his residence to sell them upon the Island and that they should serve all Ships coming there and supply in what and manner and order 20 All that the Company shall most earnestly desire the future and improvement Planting must be done where there are about the places and occasions in the Englishe and whatsoever the most part and not one or two of the Plantation must come together and be the most willingly and freely that you and also shall you see not fail in the way of making properly them 21 We do not think that any more Cattle may be sold for this purpose or for any use whatsoever where there is no necessity for them nor for the same purpose the more the better and the more quantity that is required for the Island or for any other place whatsoever that you shall take care of that the same be preserved for the Company and be not wasted or destroyed 22 Wee see there hath been too much liberty taken by the persons upon the Island which we do not approve and do require you that the same be remedied and that you take care that all things be brought into good order and government and that the same be observed by all persons 23 The Planters and others you shall take care to bring them under good discipline and that they be made to conform themselves to such rules and orders as shall be made for the Government of the Island 24 In some places of Bran[...] you have said that there is great fault and some of them do misbehave themselves 25 Wee have given you these Instructions that you take care all your Plantations be well governed and ordered near the Sea side or [... ] | The Company confirmed all previous orders and directions concerning their servants on the island, requiring the Governor to ensure they were strictly observed. Any violations were to be discovered and punished to maintain the Company’s authority. Reports from various individuals indicated that affairs on the island remained very disorderly. The Company noted that the lack of discipline among the men and soldiers had caused more apprehension than before. It was observed that St Helena, despite its potential for great wealth, was becoming merely a place of passage where persons came and went without good government. The Company insisted that all residents, including those selling stock or supplying ships, must be brought under an orderly form of government during their residence. The Company most earnestly desired the future improvement of the plantations. It was ordered that planting must be done collectively and willingly by the inhabitants rather than by just one or two individuals. The Governor was directed to ensure that these efforts were properly managed to achieve the best results for the English interest. Regarding the livestock, the Company did not think it fit that any more cattle should be sold unless there was an absolute necessity. It was judged that the greater the quantity of cattle preserved, the better it would be for the island. The Governor was tasked with ensuring that the Company’s livestock was preserved and not wasted or destroyed. Furthermore, the Company noted that too much liberty had been taken by persons on the island, which they did not approve. The Governor was required to remedy this and bring all things into good order. Planters and others were to be brought under strict discipline and made to conform to the rules and orders established for the government of the island. Finally, acknowledging reports of misbehaviour in certain areas, the Company reiterated that all plantations, particularly those near the seaside, must be well governed and ordered according to these instructions. Interpretations Place of lying: This refers to the island’s role as a temporary stopping point or “lying-in” station for ships, which the Company felt led to a transient and lawless population. Discipline: In this seventeenth-century context, the word implies a rigorous social and military order required to keep a remote colonial outpost functional. Waste: A legal and administrative term referring to the neglect or destruction of Company property, particularly livestock or timber, without authorization. Perhaps: The Company’s concern about “too much liberty” probably reflected their fear that a lack of central control would lead to the total collapse of the island’s economic utility. St Helena: The Company’s primary South Atlantic base, which they were determined to transform from a simple port of call into a disciplined and productive colony. |
111 | 90 | 27 Wee the sale in the manner intended the manner with Bagg[...] concerning the shall [...] and the Companys use in small [...] & so as to be supplied in no worse manner to take Land to be [...] 2 or 3 Dayes to take shall be buy & dispose that to bring them shall keep it where & so any they do dispose and do right as you know Possibly that it be [...] to the Sea & shall thereby be in [...] the same security where that in the manner of trade they will make of [...] & so in a few years will become of a great [...] in Company & trade & settle the Land & people & produce all [...] all Wares supply and traffic and the Company to strengthen in such best keeping which it shall be better 28 For that you for the first business shall be no better then this Body [...] shall for this have ordered you likewise to take out your Baggage 29 You will be requisite if you get on shore this Cargoe and be ready for you should furnish them some things or other need from [...] this preparation for the first year you shall make necessity of much work and Armes fitting for the labour shall attend it according to the manner of the Plantation in Barbados of which you shall take care among 30 Cap t Knox will inform you what Provisions may be had which we send by this Ship whom we have directed to make employ in these or other necessity and to transport them to and from the Isle Trades & the Companys Design we would have your care in which them and it is agreed to expect him to make good use of his cargo Plantations there to supply for bringing the goods which shall be necessary to be found where he may have brought up the goods to the Island and so you will work them in Plantation (as they have done Barbados and others) without which they will not have strength to stand or stability bring more supplyes of goods sufficient that from thence Doe live and 500 Ships yearly come and depart 31 Wee have likewise thought upon other ways & improvements of your Island & Trade which wee shall communicate unto you more at large especially for planting & work with their Negroes when they can spare them and the best taking and drying Coffee in Barbadoes they find it comes as well as from the best Coffee and produce of all sorts you to be sowing gathering and splitting there which is the making Merchantable Commodity 32 The manner of proceeding in this is that our Plantation should buy of the the yard and selling what they make use of and what that all the men Wee desire and direct that they bring the Negroes unto you that you shall fit for Company goods and dried goods sufficient have in return received by the same that they purchase in England & they shall send goods from the Ships there from the Isle & you shall keep books of all goods and sell them in such order as shall be best Company & make accounts and do pay them to the Company and keep and bring the Company trade in their hands and have no trade from us 33 That which we propose to our selves in these improvements of Dry fish is That you may have amongst you a good stock of that brought from all parts then employ the Negroes in catching & drying of the provisions only fish or otherwise [...] | The Company directed the Governor to manage the sale and disposal of goods in a manner that ensured the security of trade and the long-term settlement of the land. It was believed that through diligent supply and traffic, the island would in a few years become a great asset to the Company, strengthening both the population and the production of wares. For the immediate commencement of business, the Governor was ordered to take out the necessary baggage and cargo from the ships. It was anticipated that the first year would require much work and the provision of arms and tools fitting for labour. These preparations were to follow the manner of the plantations in Barbados, of which the Governor was instructed to take particular care. Captain Knox was designated to inform the Governor what provisions could be had from the current ship. He was directed to transport necessary goods to and from the island to support the Company’s designs. The Company expected him to make good use of his cargo to supply the plantations, as such stability was required for the island to subsist and eventually host as many as 500 ships yearly. The Company also communicated further ways to improve the island and its trade, especially regarding the planting and drying of coffee. It was noted that coffee produced in Barbados was found to be as good as the best varieties, and the Governor was encouraged to begin sowing, gathering, and splitting coffee to create a merchantable commodity. Furthermore, the Governor was directed to manage the return of dried goods and other purchases from England. All such transactions were to be recorded in books and sold in such order as best served the Company. The inhabitants were expected to bring their trade through the Company’s hands and were forbidden from engaging in independent trade. Finally, a proposal was made to improve the production of dry fish. The Company suggested that the Negroes be employed in catching and drying fish from all parts of the island’s waters to ensure a good stock of provisions was always available. Interpretations 500 Ships yearly: This reflects the Company’s ambitious vision for St Helena as a major global hub, though the actual number of ships visiting the island was probably much lower at the time. Manner of the Plantation in Barbados: The Company frequently cited Barbados as the ideal model for colonial administration, agricultural efficiency, and the management of a slave-labour force. Merchantable Commodity: A term used to describe goods that were of sufficient quality to be traded in international markets, such as London, Holland, or Spain. Coffee: In the late seventeenth century, coffee was becoming an increasingly popular and valuable luxury item in Europe, leading the Company to experiment with its growth on St Helena. Dry fish: This refers to fish that had been salted and dried in the sun, a vital and shelf-stable food source for both the island’s inhabitants and the crews of passing ships. Baggage: This perhaps refers to the personal effects and specialized equipment brought by new settlers or officials to establish their households and works. |
112 | 91 | (5) [...] The quantity should be [...] you or send [...] shall be made from Barbados [...] a ship from [...] in England & [...] & to see there is one half of your Drift [...] and carry them to be [...] 34 If at any time you lend any of your Negroes to one of your Ships to fish small quantities of goods, mules &c you must have a bill under his hand every time you let him have them and half of the produce for your self & for your Island Stock and one must be more in regard of the wear and tear of your Negroes 35 The fishing Trade must not be forgotten for Anchor but the Casks which is a great store of fish for your Company and Barbados may serve in case of need in carrying them to England or any other place where you may send them to for your advantage Shipping 36 All the ready salted fish that you send must be known in the day when & where taken & in what vessel they were taken and the best manner how these are to be kept and made use of 37 And at night the keeping of them must be in the best place that can be found 38 And all Boats should be furnished with all manner of materials which should be brought for building of Boats & in such a manner that they may not be lost but preserved and that the goods may be made use of as shall be best and for the service of the Company 39 And for one stock of the Companys servants drawing fish in all places and to have one man imployed on shore to take care of the stores and to have them in good order 40 You see by this we have directed that the Ships which come to the Island that you should make use of their Boats & tackle for the service of the Island and that you should not suffer them to carry away any goods without giving good security for the same and to have a good account of all goods delivered and received 41 All other Trades and especially the improvement of the Plantation and to see that the Negroes be well imployed in all manner of work and that they be not idle 42 There is also care to be taken that the Planters do not make waste of their Lands nor cut down Trees without cause and that they plant and improve the Land in the best manner they can 43 And you are to see that all persons do behave themselves well and that there be good order kept in the Island and that the Laws be observed 44 One special point is how you may preserve your Island in the event of a surprise which you must consider and take all possible care for the security thereof and to provide for the defence of the same [...] | The Company provided further instructions regarding the expansion of the fishing trade, which was considered a vital resource for both St Helena and the Company’s interests in Barbados and England. If the Governor lent any Negroes to ships for the purpose of fishing or transporting small quantities of goods and mules, he was required to obtain a signed bill for every instance. Half of the produce from such labour was to be reserved for the Governor and the island’s stock, particularly to account for the “wear and tear” of the labourers. The fishing trade was not to be neglected, and the Governor was directed to ensure that a great store of fish was kept in casks. All salted fish intended for transport was to be carefully recorded, noting when and where it was taken, the vessel used, and the best manner of its preservation. At night, these stores were to be kept in the most secure location available. Furthermore, all boats were to be furnished with necessary materials for their maintenance and building, ensuring they were preserved for the Company’s service. A specific man was to be employed on shore to oversee these stores and maintain them in good order. The Governor was authorised to make use of the boats and tackle of any ships visiting the island for the service of the colony. However, he was strictly forbidden from allowing ships to carry away goods without providing good security and a full account of all items delivered and received. General oversight of the plantations remained a priority. The Governor was directed to ensure that Negroes were well employed in all manner of work and never left idle. Likewise, care was to be taken that the planters did not commit waste upon their lands or cut down trees without cause. Instead, they were expected to plant and improve the land in the best possible manner. A special point was made regarding the security of the island. The Governor was ordered to consider and take all possible care to prevent a surprise attack and to provide for the robust defence of the colony. Interpretations Wear and tear: A seventeenth-century term used here to describe the physical toll and depreciation of the health or value of enslaved labourers when lent out for strenuous maritime work. Bill under his hand: A formal written and signed receipt or contract, serving as legal evidence of an agreement between the Governor and a ship’s captain. Salted fish: Fish preserved with salt for long-term storage, which was probably intended as a staple food for the Company’s slave-labour force in the West Indies. Waste of their Lands: A legal term referring to the permanent damage or depletion of the value of a property, such as deforestation or soil exhaustion, which the Company sought to prevent. Surprise: This refers to a sudden naval attack, perhaps by the Dutch or French, which was a constant threat to isolated island colonies during this period. Negroes: The Company viewed the enslaved population as a versatile workforce, to be moved between agricultural, maritime, and industrial tasks as the need arose. |
113 | 92 | [...] as to bring you some of that freedom will be only through [...] and Manager of you all that were of equal right for you The same [...] as will so preserve your [...] for we must be assured that you shall Employ them and in the mean time we must know that the Company hath their share which you have had to employ them for the Service of the Company for that we shall give him a good encouragement and then he may get 46 Wee cannot compel him to any service from his belonging upon the Island being not obliged as formerly but we leave it to the Governour who he shall find fit to employ and encourage him in such manner as shall be best for the Service 47 The Slaves that are on the Island now doe belong to the Company upon them for making use in the Companys service Negroes under labour and upon the Companys stock in Husbandry and in planting and with that you must take care to keep them employed and improve them in all manner of work and you shall have care that they be duly supplied 48 Servants and negroes you must be well regulated and not permitted to be much abused nor you are to keep them under good order and discipline which one man or more must have inspection of them in a just and equal manner and be paid by the Company 49 Wee are to be informed how you and some other persons have taken to themselves the goods of the Company and disposed thereof without our knowledge you are to give account thereof and to return the same and not to make use of them to your own private advantage 50 Some see in that is practised and brought into Trade and some Liberty of trade which is taken by some persons which we cannot allow you to see that all goods brought upon the Island be brought into the Companys Stores and not to be disposed without order and that none shall have any private trade 51 Wee shall expect from you good account of your plantations and how they are improved and what increase you make of your stock and what you have in your possession and what is belonging to the Company and to give us full information thereof 52 Wee desire you take care that the Companys interest be well preserved and that all things be done in such manner as may best conduce to the advantage of the Company and that no damage be done thereto 53 Wee desire you to take care of the Negroes and that they be well used and that they be not abused nor overworked but that they be well fed and clothed and that they be kept in good health 54 Wee have sent you some further directions concerning the Government of the Island which you are to observe and follow and to take care that the same be put in execution 55 You are to be careful not to make any new laws or orders without our consent but to govern according to the instructions given you and to take care that all persons do observe the same [...] | The Company addressed the management of the island’s labour force and the conduct of its officials, reinforcing that the Governor and managers must be assured of their authority to preserve the Company’s interests. It was noted that while certain individuals could not be compelled into service as they once were, the Governor was left to determine who was fit to employ and how best to encourage them for the benefit of the Company. A significant portion of the dispatch focused on the enslaved population. The Company declared that the slaves on the island belonged to the Company and were to be used specifically for labour in husbandry and planting. The Governor was tasked with keeping them employed in all manner of work while ensuring they were duly supplied with necessities. Furthermore, both servants and Negroes were to be well regulated and kept under strict order and discipline. The Company expressly forbade any abuse of these labourers, ordering that a designated official inspect their treatment to ensure it was conducted in a “just and equal manner” according to the Company’s standards. The Governor was directed to ensure they were well fed, clothed, and kept in good health to prevent them from being overworked. The Company also raised concerns regarding financial irregularities. Reports had reached London that some persons had taken Company goods and disposed of them for private advantage without knowledge or authorization. The Governor was required to provide an account of these goods and ensure their return. To prevent further “private trade,” all goods brought onto the island were ordered to be delivered directly into the Company’s stores and not disposed of without an official order. Finally, the Company demanded a full account of the plantations’ progress, the increase of livestock, and a detailed inventory of all property belonging to the Company. The Governor was cautioned not to enact any new laws or orders without the Company’s explicit consent, but to govern strictly according to the provided instructions to ensure no damage was done to the Company’s interests. Interpretations Husbandry: The care, cultivation, and breeding of crops and animals. The Company viewed this as the primary economic engine for St Helena. Private trade: The act of Company employees or settlers trading goods for their own personal profit rather than for the Company’s account, which was strictly prohibited. Just and equal manner: This perhaps refers to a seventeenth-century concept of “fair” management within a hierarchical and slave-holding society, aimed at maintaining productivity and preventing rebellion. In execution: A directive meaning that the Governor must not only acknowledge the orders but must actively implement them on the island. Company’s stock: This referred to all assets-including livestock, tools, and enslaved people-that were owned by the East India Company rather than by individual free planters. Perhaps: The Company’s insistence on the health and feeding of the Negroes was probably a pragmatic measure to protect their “investment” and ensure a reliable workforce. |
114 | 93 | (157) In the mountains found in the Isle of St Helena there are many and very good different sorts of trees that they grow and flourish at all times latitudes from 35 to 40 degrees, where the Valley and the Sea meet Wee must have them to increase of Building and therefore it must be of these brought to the Isle and planted well on the best places of those of the Island and well used in the Island 58 Wee have order Mr Knox and Mr Cox to bring you from Algoa or from Madagascar if it can be had or procure of them wood for masts and some good Cattle for the Island which you must see safely secured against their arrival and be careful of 59 Our Companys Ships will receive all your Ships if you have not sent us for them and we must expect you to be provided with Ships and also to have always some small Ships for service of the Island that they may be employed in bringing in Cattle for Beef and Provision and to bring in other things and therefore you must have care to have the means for to be sure to have them to supply the Island with fresh Provisions and that they may not be lost or destroyed on the Island when there must be occasion to make use of them 60 Besides the provision we may in time have for improvement but we must and having provisions being sufficient plenty for a long time and shipping that you may bring a sufficient supply to the Island of what is necessary for the use thereof and that you may have always in readiness to supply any want and to be able to supply the Island with all things necessary 61 Wee have some horses and sheep on board for the service of the Island and you shall have care to see them delivered and kept safe and that they be well used and that they be not wasted or destroyed and that they be improved as much as may be for the service of the Company 62 Your [...] to keep them safe and to see that they be not lost and that they be kept in good order and that they be improved as much as may be for the service of the Company 63 And also to take care of the Companys Lands and to see that they be not wasted or destroyed and that they be improved and planted and that they be made use of for the service of the Company 64 Wee in respect of provisions that by sea and land in the Island and other places you might make such provision as may be fit for the service of the Company and that you may have a sufficient store of provisions to serve the Island and that you may have always sufficient store for the use of the Island and that you may be able to supply any want 65 Wee have already written to you not to part with any foot of our Land nor give or sell to any person upon any pretence whatsoever and we do expressly order and require you not to dispose of any of our Lands but only to let and to take care that they be improved and not wasted and that they be kept in good order and that they be improved as much as may be for the service of the Company 66 [...] | The Company noted that the mountains of St Helena possessed various types of trees that flourished in latitudes ranging from 35 to 40 degrees. To support the increase of building on the island, the Governor was directed to ensure these trees were well planted in the most suitable locations and properly utilised. Mr Knox and Mr Cox were ordered to bring wood for masts and good cattle from Algoa or Madagascar. The Governor was tasked with securing these supplies safely upon their arrival. Furthermore, the Company expressed its expectation that the island would always be provided with small ships for service. These vessels were to be employed in bringing in cattle for beef and other provisions to ensure the island remained well supplied and that such resources were not lost or destroyed. The Company emphasised the necessity of maintaining a sufficient and ready store of provisions to meet any want that might arise. To this end, horses and sheep were sent on board for the island’s service. The Governor was directed to see them delivered safely and improved for the Company’s benefit, ensuring they were neither wasted nor lost. Regarding the management of the Company’s lands, the Governor was ordered to ensure they were improved, planted, and used exclusively for the service of the Company. A strict and express order was reiterated: not a single foot of Company land was to be given or sold to any person upon any pretence whatsoever. Instead, the land was only to be let, with the Governor taking care that it was kept in good order and improved to the highest degree. Interpretations Algoa: This refers to Algoa Bay in South Africa, which served as a potential source of timber and livestock for the Company’s Atlantic outposts. Wood for masts: High-quality, straight timber was essential for repairing Company ships that had suffered damage during long voyages. Small Ships for service: These local vessels were probably used for coastal transport and shorter voyages to the African mainland to gather fresh supplies. Not to part with any foot of our Land: This absolute prohibition on the sale of land reflects the Company’s desire to maintain a permanent monopoly over the island’s territory. 35 to 40 degrees: The Company’s observation of tree growth in these latitudes suggests they were comparing St Helena’s upland climate to specific regions of the Mediterranean or the southern hemisphere. Perhaps: The Company’s focus on “small ships” was probably intended to reduce the island’s dependence on the large, infrequent East Indiamen for basic food supplies. |
115 | 94 | (8) 67 If you bring you any Bla[...] hither Let them be made use in the Plan[...] at least they grow[...] best upon high Land if they thrive there you may have rea[...] trial for we for want 68 Also know is from you that you have found much in that Island and made use of you have a mind there which We not thought of before the Cou[...] where we may prove every one man that now work to make use for the use of the Comp[...] it may be that we will show some acc[...] but we would have you spare not any provis[...] upon your Island All Bla[...] serv[...] are most fit for the Comp[...] work in that respect Wee would have you partic[...] take care of it that it be not lost or spoiled keep all your provis[...] care[...] in Storeh[...] where no theft can come in and from thence be brought from your Island to some part of the gro[...] where we can have suff[...] quant[...] of wood for build[...] and work for our use 69 Wee have a Ship of 300 Tunn bound for St Helena about the middle of the year which you will receive every assist[...] from and adv[...] and you shall obs[...] what is proper for the Comp[...] service and follow those direc[...] 70 Lea[...] our intent[...] is that you should make your Agree[...] with the Plan[...] that they may in one word be so used that the Neg[...] may be employ[...] and that they may be oblig[...] to plant such goods as may be use[...] for the Comp[...] and that they may be encour[...] in their Lab[...] that they may be suppl[...] with such goods as may be neces[...] for them and that they may have suff[...] food and cloth[...] and that they may be well used and that they may not be abus[...] nor oppres[...] 71 Wee have like[...] taken into consid[...] some gro[...] for Market places for your Island and des[...] you that safety and order be maint[...] in the same and that no dis[...] be suff[...] to happen there 72 Wee have thought of sett[...] a Comp[...] of Guards upon some places in the Island which may be fit for that purpose where they may be able to sec[...] the Island 73 Since Writ[...] this we have thought fit to send you furth[...] ord[...] that hath been done in Barb[...] and else[...] which may be of use to you and that you take care to obs[...] the same 74 The most mater[...] thing we think is to give you inform[...] that Madag[...] and other places might bring great advan[...] to this Island and that you take care to make use of the same and that you may be able to bring from those places such goods as may be use[...] for the Island and to impr[...] the same for the benef[...] of the Comp[...] 75 [...] | The Company instructed the Governor to experiment with planting certain goods on the high land to determine if they might flourish in that climate. They expressed an interest in any new resources or “minds” discovered on the island that had not been previously considered. Every man working for the Company was expected to be employed for its direct use and profit. The Governor was cautioned not to spare any provisions but to ensure that all stores were kept carefully in storehouses where no theft could occur. Furthermore, a sufficient quantity of wood for building and work was to be secured from the appropriate parts of the ground. A ship of 300 tons was scheduled to arrive at St Helena around the middle of the year to provide assistance and further advice. The Governor was directed to observe what was proper for the Company’s service and follow all ensuing directions. Regarding the planters, the Company intended for them to be used in such a manner that the Negroes were fully employed. Planters were to be obliged to plant goods useful to the Company and encouraged in their labour. In return, they were to be supplied with necessary goods, sufficient food, and clothing, with strict orders that they must not be abused or oppressed. To improve the island’s infrastructure, the Company considered establishing market places, emphasizing that safety and order must be maintained in these areas to prevent any disorders. Plans were also made to settle a company of guards at strategic points to secure the island against potential threats. Finally, the Company noted that Madagascar and other regions could bring great advantage to St Helena. The Governor was urged to bring useful goods from those places to improve the island for the benefit of the Company, following the successful examples of Barbados and other settlements. Interpretations Mind: In this seventeenth-century context, the word probably refers to a “mine” or a newly discovered natural resource or mineral deposit. Middle of the year: This refers to the summer of 1684, when the scheduled 300-ton vessel was expected to reach the South Atlantic. Comp[any] of Guards: A formal military unit intended to provide permanent garrison duties at key defensive positions or landing points. Madag[ascar]: This island was a primary source of slaves, cattle, and exotic hardwoods for the East India Company’s Atlantic and Indian Ocean outposts. Market places: The designation of specific areas for trade was a common colonial method to regulate prices, collect duties, and monitor the interactions between settlers and sailors. Perhaps: The Company’s insistence that planters “not be abused nor oppressed” was probably a practical measure to prevent local insurrections that could jeopardise the island’s strategic value. |
116 | 95 | 75 Which came Esp[...] wee have provided Severall of them for you a quant[...] of Madag[...] sla[...] Negroes that will be of good use to you to assist the growth and increase of your Island and likewise to carry on the improv[...] thereof from time to time and all such other goods as are fit for the Island which we have sent you and will send you from time to time 76 Wee cannot more work without more hands and therefore any place fit by Sea convenient and near unto you may make every place so inviron[...] that neither one Enemy will make use of it nor all will you will have time to increase them as you have time to get people and settle them in the same manner by which that Island hath been made so usefull 77 Most of your Negroes you may employ one or two in one Island for till plantation which will be safe and secure for them as you shall think fit to employ in planting work 78 The Madagas[...] blacks or Barbadoes are found to be most Ingenious of any blacks in carrying and manual Labour such as the work (Carpenters) Coopers Masonry Bricklayers &c 79 Wee have sent you 50 by this ship and should have sent you More, but that being bring time the Season is lost 80 Upon further consideration of the great advantages that may accrue to the Island from the keeping of Negroes at the Island we think it convenient to send you more from Madagascar that if you find you want them you may send for more from thence and that you encourage the trade from thence for your Island by sending you do put on foot the Trade from Madagascar for the more supply all the Islands with Negroes and that you shall keep good all the Comp[...] houses, work the Comp[...] of Negroes that shall be sent out there and distribute them to all that shall be employed for such a number of people for you as we shall advise 81 As soon as we heare from you that you have sent your people to work at land and upon what encouragement you shall find best for them from hence to ship them outward bound, and transmit our directions for the government upon our Island and with some other things which may be of use to you [...] | The Company provided a quantity of Madagascar slaves and Negroes, noting they would be of good use to assist the growth and increase of the island. It was observed that the island could not perform more work without more hands, and therefore the Governor was directed to settle people in every convenient place near the sea to ensure the territory was environed against enemies. Most of the Negroes were to be employed in plantation work, which was considered a safe and secure use of their labour. The Madagascar and Barbados blacks were specifically noted for being the most ingenious in manual labour, such as carpentry, masonry, and bricklaying. While fifty had been sent by the current ship, the Company explained that more would have been dispatched had the season not been lost. Upon further consideration of the great advantages of keeping Negroes on the island, the Company encouraged the Governor to put on foot a regular trade with Madagascar to supply all the islands. The Governor was directed to maintain the Company’s houses and work the groups of Negroes sent there, distributing them to those employed in the Company’s service as advised. Finally, the Company expressed a desire to hear from the Governor regarding the progress of the people sent to work the land and the specific encouragements found best for them. Further directions for the government of the island and other useful materials were promised for future outward-bound ships. Interpretations Ingenious: In this seventeenth-century context, the word refers to the specific skills and mechanical aptitude of the labourers in technical trades. Season is lost: A reference to the seasonal nature of maritime travel, where missing a particular wind or weather window could delay the transport of people and goods for many months. Carpenters, Coopers, Masons: These were the essential skilled trades required to build and maintain a fortified colonial outpost and its infrastructure. Put on foot: An archaic idiom meaning to establish, initiate, or set in motion a new project or trade route. Inviron[ed]: To be surrounded or protected; the Company wanted the island’s population distributed in a way that provided a human shield against naval incursions. Perhaps: The Company’s preference for Madagascar blacks was probably due to their perceived physical resilience and the established trading relationships the Company held on that island. |
117 | 96 | 82 Wee think it may be conveni[...] That you should give an Accompt of the Provi[...] that you have upon the Island, whether grown or brought thither, and what quant[...] there is of each sort, that we may know how to provide for the future and how you may subsist upon the Island, and give you such further orders and directions 83 It will be very conveni[...] That the English you trust in this affair should have some skill in building planting and ordering and that the Governour and his Assist[...] should be able to write the same and keep accompts 84 Wee have mentioned before what sort of Garri[...] only consisting of [...] and that to defend that Island by the care of fortifications and the necessary Cannon and other warlike stores for the Strength and Defence of the Island and the Inhabitants for working may in short time be very usefull to the place and service of the Company 85 If any of your Planters desire to have any Land of their own disposing you may give them leave and allow them a use of the same for some years upon condition that they improve it and that they be not suffered to dispose of any part thereof nor make any alienation thereof 86 Those of your Councell and Company may be trusted with the property of Lands and may be allowed to enjoy them but at the same time take care that they manage the same for the Company’s benefit and not otherwise 87 As soon as we have any account of the Island Wee shall further give directions for the Government thereof and may send to you from hence such persons as shall be fit for that purpose and for the management of affairs 88 The more Spices and other things you can send from the Island it will be and the sooner the benefit thereof will appear and we expect of you that you endeavour as much as you can to improve the same for the use of the Company and their affairs 89 Wee would have six or seven to be chosen of your Councell during your stay at St Helena that you may have the advice of them in all things that most concern the Company 90 And in all matters of importance we think that the said you make ready forward Intelligence and accounts that we may have some knowledge how things stand with you and that we may be able to give further directions as occasion shall require | The Company required a comprehensive account of all provisions on the island, whether grown locally or brought from abroad. This inventory was intended to inform future supply needs and ensure the colony’s subsistence. It was also deemed necessary that the English officials entrusted with these affairs possess skills in building, planting, and ordering, and that the Governor and his assistants be capable of maintaining written records and accounts. Regarding the island’s security, the Company reiterated the importance of fortifications, cannons, and other warlike stores. It was anticipated that the inhabitants would soon become useful to the Company’s service through their labour in these defensive works. Provisions were made for planters who desired to manage land. The Governor was permitted to grant them the use of land for a set number of years, provided they improved it. However, the Company strictly forbade any alienation or private disposal of these lands. Members of the Council and the Company were also permitted to enjoy land, but only on the condition that they managed it for the Company’s benefit. The Company expressed a desire for more spices and other merchantable goods to be sent from the island to demonstrate its economic value. To ensure effective governance during the Governor’s stay at St Helena, a Council of six or seven members was to be chosen to provide advice on matters concerning the Company. Furthermore, the Governor was directed to provide regular intelligence and accounts so that London might remain informed of the island’s status and provide further directions as required. Interpretations Accompt: An archaic spelling of “account,” referring here to both financial ledgers and formal written reports. Fortifications: The defensive walls, batteries, and breastworks designed to protect the island’s landing points from hostile naval forces. Alienation: The legal transfer of property ownership; the Company sought to prevent any permanent loss of its territorial control. Intelligence: In this seventeenth-century context, the word refers to the communication of strategic information and news regarding the colony’s condition. Spices: High-value trade goods, such as pepper or cloves, which the Company hoped to cultivate on St Helena to increase the island’s profitability. Perhaps: The requirement for officials to be able to write and keep accounts was probably a response to previous administrative failures or “disorderly” record-keeping on the island. |
118 | 97 | The directors informed the Governor and Council that a supply of provisions and materials had been dispatched for St Helena. These stores were to be placed in their correct stations according to the ongoing projects established by the Company. The directors expressed their desire for the Island’s resources to “spring up,” specifically noting an increase in the number of hogs and other livestock. This was intended to reduce the need for food to be bought from outside sources. Furthermore - a supply of small money was provided to address the local lack of currency - which the directors believed would be useful for the Island’s internal trade. The dispatch concluded with a blessing - signed by Governor John Banks - Deputy Jeremy Sambrooke - and several members of the Court. In a subsequent letter from London dated April 1684 - the directors acknowledged receipt of correspondence sent by the ship Leo. They expressed their satisfaction with the reports - noting that the Governor and Council had shown the prudence and care expected of them. The directors assured the authorities at St Helena that a large supply of bread and other provisions was being prepared. They also intended to send a small ship in September next - which would carry both money and goods. Additionally - plans were mentioned to dispatch one or two ships and boats to Cape Coast for a second voyage. This letter was also signed by the Company leadership - including John Banks and Jeremy Sambrooke - alongside other officials such as Peter Daniel and Chris Boone. Interpretations Small money: This refers to low-denomination coinage sent to the Island to facilitate daily transactions among the inhabitants - as the lack of a circulating currency often hindered local economic development. Spring up: An optimistic expression used by the directors to describe their hope for the natural increase of the Island’s livestock and agricultural output. Cape Coast: A reference to the Company’s trade routes and fortifications on the Gold Coast of West Africa - indicating that St Helena continued to serve as a vital link in the broader maritime network. John Banks: Sir John Banks was a prominent merchant and politician who served as the Governor of the East India Company during this period. Perhaps: The praise for the Governor’s “prudence and care” suggests that - for the moment - the directors were pleased with the local administration’s efforts to implement the Company’s increasingly strict economic and legal policies. April 1684: The date confirms that these instructions were issued during the spring - probably to ensure that the promised supplies and the small ship intended for September were part of the Company’s seasonal planning. | The directors informed the Governor and Council that a supply of provisions and materials had been dispatched for St Helena. These stores were to be placed in their correct stations according to the ongoing projects established by the Company. The directors expressed their desire for the Island’s resources to “spring up,” specifically noting an increase in the number of hogs and other livestock. This was intended to reduce the need for food to be bought from outside sources. Furthermore - a supply of small money was provided to address the local lack of currency - which the directors believed would be useful for the Island’s internal trade. The dispatch concluded with a blessing - signed by Governor John Banks - Deputy Jeremy Sambrooke - and several members of the Court. In a subsequent letter from London dated April 1684 - the directors acknowledged receipt of correspondence sent by the ship Leo. They expressed their satisfaction with the reports - noting that the Governor and Council had shown the prudence and care expected of them. The directors assured the authorities at St Helena that a large supply of bread and other provisions was being prepared. They also intended to send a small ship in September next - which would carry both money and goods. Additionally - plans were mentioned to dispatch one or two ships and boats to Cape Coast for a second voyage. This letter was also signed by the Company leadership - including John Banks and Jeremy Sambrooke - alongside other officials such as Peter Daniel and Chris Boone. Interpretations Small money: This refers to low-denomination coinage sent to the Island to facilitate daily transactions among the inhabitants - as the lack of a circulating currency often hindered local economic development. Spring up: An optimistic expression used by the directors to describe their hope for the natural increase of the Island’s livestock and agricultural output. Cape Coast: A reference to the Company’s trade routes and fortifications on the Gold Coast of West Africa - indicating that St Helena continued to serve as a vital link in the broader maritime network. John Banks: Sir John Banks was a prominent merchant and politician who served as the Governor of the East India Company during this period. Perhaps: The praise for the Governor’s “prudence and care” suggests that - for the moment - the directors were pleased with the local administration’s efforts to implement the Company’s increasingly strict economic and legal policies. April 1684: The date confirms that these instructions were issued during the spring - probably to ensure that the promised supplies and the small ship intended for September were part of the Company’s seasonal planning. |
119 | 98 | Our governour & Councell att St Helena London the 26th Novemb[...] 1684 Wee shall now give particular Answers to all yo[...] letters of the [...] of February 11, and of March 1683, & the 3d of May 1 Wee have perused the Reasons of Mr Tomson and Mr Stephens about their being sent by the Ship you write people have sent you away 2 Wee have writ for him upon your letters and a Scale with all tools 3 Bound of Money then you shall write for and have sent all our 4 Not to depart from St Helena in the night without our leave given and for the future shall make it a point in all Cases that the permission be first obtained before you shall proceed 5 Wee have likewise sent the Ballance of all other Accounts you have sent 6 Written to you being a burden of affairs in the Dispatch thereof and strictly command the care of all our Affairs by our Governour and Councell 7 Wee have likewise sent you here for the better and advantage of your affairs that you shall not be without 8 And in the mean time you must take care that all matters are ordered to be maintained we have sent an order amongst all our Servants to assist our Governour Officers be obedient and to respect them as the rule stated in their Commissions and that they shall obey the Officers and give them due obedience 9 Doctor Saul who we have dismissed from our service upon the arrival of this ship and due appointment to proceed upon his safe return to England a Ship now in some respects fitted which we think you may send with him to continue there he being likely to find that other way you may want an orderly by any other returning Ships 10 And in regard we find you are not well satisfied with the Minister and Surgeon we shall make provision we will send for the future any Minister or Surgeon whom we shall have reason to think fit to serve you well and to be helpful and for our Service they may be preferred and when you shall find them negligent or ill 11 Wee have invoiced our pieces of 8 to 50 Dollars and have sent you many halters and several papers as we think for the better managing of them and it is our pleasure to the intent the Money now sent may be received that the pieces of 8 shall pass current in our Island at 5s and that that sets the price at which they shall be paid by you | The directors provided particular answers to several letters received from the Island dated February, March 1683, and 3 May. They acknowledged the reasons given by Mr Tomson and Mr Stephens regarding their departure by ship. In response to previous requests, a scale and a set of tools were dispatched, alongside the balance of all money and other accounts that had been written for. Strict orders were issued that no ship was to depart from St Helena in the night without express leave being given. The directors made it a point that, for the future, permission must always be obtained before any such proceeding. They also reiterated their command for the Governor and Council to maintain a strict care of all Company affairs, despite the ongoing burden of business. To assist in this, an order was sent to all servants requiring them to remain obedient and to respect the Governor and officers according to the rules stated in their commissions. Significant changes were made to the Island’s professional staff. Doctor Saul was dismissed from the Company’s service and was ordered to return to England upon the arrival of the ship. Furthermore, noting that the Governor and Council were not well satisfied with the current Minister and Surgeon, the directors promised to provide replacements in the future who would be better suited to serve the Island’s needs. If any such officials were found to be negligent or ill-suited, they were to be dealt with accordingly. Regarding the local economy, the directors invoiced a supply of pieces of eight at 50 dollars, along with various materials and papers for their management. It was officially declared that, to ensure the money was properly received, pieces of eight should pass as current currency on the Island at a value of 5s, which was the price at which they were to be paid. Interpretations Doctor Saul: A medical official whose dismissal suggests a breakdown in relations with the local government or a failure to meet the Company’s professional standards. Pieces of eight: The Spanish Dollar, a widely used silver coin in international trade, which the Company was now attempting to formalise as a standard currency for the Island. Night departures: The prohibition against ships leaving in the night was probably a security measure intended to prevent smuggling, the desertion of servants, or the unauthorised departure of “interlopers” under the cover of darkness. Perhaps: The decision to fix the value of the piece of eight at 5s suggests that the directors were trying to stabilise the local economy by creating a predictable exchange rate for the most common coin in the region. 26 November 1684: This date marks the dispatch of these orders during the late autumn, ensuring that the new currency regulations and staff changes would probably reach the Island by the following spring. |
120 | 99 | 12 Wee approve of the Diſcharge you have given Col[...] Johnson upon Ballancing his Acco[...] but We have been told that he hath taken some poss[...] which was built at the Companies Charge Wee desire you to Enquire into it, and if you find it so, to take care that it be to the Companies dispoſition, which we hope for Johnson being so honeſt a Man will not be againſt 13 This is the third Ship we have sent you to make a Diſcovery of some harbour or other Tri[...] advantag[...] by which you may have a safe harbour (though a thing it is more then neceſsary in remote places) for a place for other sorts of settlements are upon the frontier, whether you can at present Reimburſe of their Charge by the Inhabitants By Cap[...] Gay[...] in the Soci[...] we gave you Generall Direc[...] and some Orders, which he found any [...] by observing you and some faults which he may settle to a good settle[...] which you will observe by the Copy of the said you have receiv[...] Instruct[...] and some other advi[...] that you have from time to time been sent you may be made use of to your better advantag[...] This is a good time for our homeward bound Ships, which are Timber and prov[...] to supply you with, and from hence also Ships goe at the best Seasons of the year, which we shall send you the account of And in order to your better settling we would have you send him hither and if you think it conveni[...] to have you send him hither By this Ship is the first Governour of the place, who is to take the Charge of the Government before the departure of the former Governour We have appointed the Directions Wee sent you formerly you shall observe, and follow for which purpoſe we have sent you by this Ship, for which purpoſe We shall be glad to receive from you by this Ship a full Account of the Island and of the condition thereof, and also of all the Inhabitants Encouragement for a settlement, and also of what you think neceſsary for the same 14 Of your Blacks by you bought or taken you can see all you can of their behaviour and what use they can be of, and that you will take care to employ them in such manner as may be most beneficial 15 Wee take notice your buſineſs in much increaſe, eſpecially in Trade and the diſpatch of your Trade, and the better dispoſing of your goods We have therefore ordered that you shall send over some of your people to aſsiſt you in the management thereof and that you shall take care that they be diligent and careful in their buſineſs and that they be encourag[...] in the same, and that they be rewarded according to their merit | The directors approved the discharge of Colonel Johnson upon the balancing of his accounts - though they raised a query regarding property built at the Company’s expense which he had reportedly taken into his possession. The Governor was directed to enquire into this matter and ensure the property was returned to the Company’s disposition - noting that Johnson’s reputation for honesty would probably prevent any opposition. The dispatch mentioned that this was the third ship sent to assist in discovering a safe harbour or other small advantages for the Island. While the directors considered such a harbour more than necessary for remote frontier settlements - they questioned whether the inhabitants could at present reimburse the Company for the costs. The Governor was reminded to follow the general directions and orders previously provided by Capt Gayer in the ship Society - which included instructions for establishing a good settlement based on his observations of existing faults. To ensure the better settling of the Island - the directors announced that the first Governor of the place was being sent on this ship to take charge before the departure of the former official. The current administration was instructed to follow all previously sent directions and to provide a full account of the Island’s condition - its inhabitants - and what was required for further encouragement of the settlement. Regarding the enslaved population - the directors noted that those bought or taken should be monitored for their behaviour. The Governor was tasked with ensuring they were employed in a manner most beneficial to the Company’s interests. Finally - noting an increase in business and trade - the directors ordered that additional people be sent over to assist in the management and disposal of goods. These assistants were to be encouraged and rewarded according to their merit - provided they remained diligent and careful. Interpretations Colonel Johnson: An official or military officer whose financial accounts had been settled - though his retention of Company-built property remained a point of investigation. Capt Gayer: Likely Sir John Gayer - a naval commander and later a high-ranking official of the East India Company - who had provided earlier administrative guidance. Society: The name of the vessel used by Capt Gayer to deliver previous instructions and conduct a survey of the Island’s affairs. Perhaps: The mention of a “first Governor” arriving to take charge before the departure of the “former Governor” suggests the Company was attempting to ensure a seamless transition of power to avoid any lapse in authority or order. Blacks: A reference to the enslaved people brought to the Island to provide the heavy labour required for the Company’s plantations and fortifications. Trifling: In this context - the word is used to describe smaller or less significant maritime advantages compared to a major deep-water harbour. |
121 | 100 | 100 The[...] hones[...] and Diligen[...] Under you promise to [...] them for India in the quality of Servants deg[...] and as much to have [...] as of the said as we do in writing & you may in time expect [...] and deliver for them then if they are well used and civilly treated in which manner if they be in their youth by reason of the [...] before they are quite fit though a grown man be better then [...] that you out grow them by which the worth of the Island is better improvement 16 Wee will send you money for the use of the Island, Wee have sent two Ships of Silver to be kept on board for your use and some goods by them brought for the South Sea with the goods formerly sent to be sold and and laid on board them as much as shall be sufficient to manage and dispatch to his first and second voyages 17 Wee have agreed with you that all the Salaries of the Governour be necessary our Plantation and one of the servants they have with them formerly employed of Little Berington Plantation in Barbadoes and a good one to be employed to build and assist in your planting Plantation from which they receiving of his wages he proposes that if after two years experiment he will be employed to raise Sugars there or some other improvement mentions to you that may answer your ends and Wee desire that you or he to encourage him and we have promised him that if bring a good improvement or make any other production upon the Island that may deserve we will consider him with a very good gratuity The Dutch Ships that come from the Barbadoes Islands some of them you might bring water from some coming upon the Island to fill by which means a great quantity of water may be conveyed and still to supply them in their voyages but they will commonly take the charge more than at St Helena the advantage the journey how to do it upon the plantation and to determine how much of them to plant at convenient places to fetch from thence to use to employ and service Mr[...] 18 We have likewise directed Mr[...] that if you have any extraordinary use the Salary of 30 pounds per annum our Councill Mr[...] 19 We desire you do not accept such persons into your service that are known to be idle or disorderly persons and after trial if they prove so that you do discharge them and send them from the Island and if you have no opportunity to send them from hence then that they be kept secure till they may be sent from thence 20 Wee likewise send you by this Ship three or four Artificers at 10 pound per annum to be employed in the works of the Island and care is to be taken that they be well used and employed and that they do perform their duties accordingly | The directors addressed the management of young servants on the Island - noting that if they were well used and civilly treated during their youth - they would probably grow into their roles more effectively than grown men. The intention was for these individuals to improve the overall worth of the Island as they matured. To support the local economy and trade - two ships were dispatched carrying silver to be kept on board for the Island’s use. These vessels also carried goods intended for the South Sea - alongside previous stock - to ensure sufficient capital and materials were available to manage the first and second voyages. A new arrangement was made regarding the Governor’s plantation. A specialist servant - formerly employed at the Little Berington Plantation in Barbadoes - was sent to assist with planting and construction. This individual proposed that - after a two-year experiment - he might be employed to raise sugar or implement other agricultural improvements. The directors promised him a significant gratuity if his work resulted in a productive output for the Island. Regarding water supply - the directors noted that Dutch ships coming from Barbadoes might be used to transport water to the Island. While this could provide a large quantity of water to supply ships on their voyages - it was acknowledged that this method might be more expensive than the existing arrangements at St Helena. The Governor was tasked with determining the best locations for planting and water storage on the plantation to serve these needs. Strict instructions were given regarding personnel. The Council was advised not to accept any individuals into service who were known to be idle or disorderly. Any person proving to be so after a trial period was to be discharged and removed from the Island. If no immediate ship was available for their departure - they were to be kept secure until they could be sent away. Additionally - three or four artificers were sent on this ship at a salary of £10 per annum to be employed in the various works of the Island - with the requirement that they be well treated provided they performed their duties. Interpretations Little Berington Plantation: A specific estate in Barbadoes used as a reference point for the expertise of the servant being sent to St Helena to experiment with sugar production. Artificers: Skilled craftsmen or mechanics - such as carpenters or stonemasons - who were essential for the physical development and maintenance of the Island’s infrastructure. South Sea: A historical term for the Pacific Ocean - indicating the broad geographical reach of the Company’s trading ambitions during this period. Perhaps: The attempt to grow sugar on St Helena suggests the directors were eager to replicate the profitable plantation models of the West Indies - probably to diversify the Island’s economic output beyond its role as a mere refreshment station. £10 per annum: The fixed salary for the artificers reflects the Company’s efforts to control labour costs while ensuring a steady supply of skilled workers for the Island’s fortifications and buildings. |
122 | 101 | (4) [...] and we shall send you a further [...] Some other writ[...] to serve you in their places 21 On the sale of your Negroes upon Credit we would have you make Such an Equall Di[...] of them, that every person may have them you think fitt and give Bond and S[...] may be trusted with all such and upon the first advice from you that you have dispo[...] of the grea[...] Number of them by the next we shall pre[...] send you a Ship with a further Sup[...] and if you finde it Nec[...] not to have so many upon the Island at one time wee shall Endeavour to buy 6 or 8 Ships full Negroes of the Royall Company and send them to you being conditionall by experience of our and other European Nations that it is utterly impossible for any Europ[...] Plantation to thrive between the Tropicks upon any place without the assistance and labour Negroes the want at St Helena we justly conclude hath been the cause that the planters upon that Island have not yet found the way to produce any usefull or profitable Commodity Wm Sedwicke John mori[...] Peter Dani[...] Joseph Ashe Govern[...] for Child D[...] Jeremy Sambrooke Chris[...] Boone Jam[...] Dar[...] Hen[...] Johnson Rich Hutchinson Hen[...] Jenk[...] Edw Browne[...] Edward Bidge Tho: Canham | The directors informed the Governor that they would send further written instructions and personnel to serve in various roles. Regarding the sale of enslaved people on credit - the Governor was instructed to ensure an equal distribution so that every person deemed fit could receive them. Those trusted with such a purchase were required to provide a bond as security. Upon advice that the current number had been disposed of - the directors promised to dispatch a ship with a further supply. It was noted that if the Island required even more labour - the Company would endeavour to purchase six or eight ship-loads of enslaved people from the Royal Company to send to St Helena. This decision was based on the experience of the Company and other European nations - which concluded that it is utterly impossible for any European plantation located between the Tropics to thrive without the assistance and labour of enslaved people. The directors concluded that the lack of such labour at St Helena was the primary reason the planters had not yet found a way to produce any useful or profitable commodity. The letter was signed by Governor Joseph Ashe - Deputy Jeremy Sambrooke - and several other officials - including Wm Sedwicke - John Morice - and Peter Daniel. Interpretations Royal Company: A reference to the Royal African Company - which held the English monopoly on the trade of enslaved people during this period. Between the Tropics: This refers to the geographical region between the Tropic of Cancer and the Tropic of Capricorn - where European authorities believed the climate was too harsh for white labour alone to sustain plantation agriculture. Bond and Security: A legal and financial guarantee required from planters to ensure they would eventually pay the Company for the enslaved people they received on credit. Perhaps: The directors’ firm conclusion that the Island’s lack of profit was due to a shortage of enslaved labour indicates a shift towards a more aggressive plantation-based economic model - similar to those used in the West Indies. Joseph Ashe: Sir Joseph Ashe was a prominent merchant and politician who served as the Governor of the East India Company - succeeding Sir John Banks. |
123 | 102 | To the Right Wor[...] Geo[...] Blackmore Esq[...] Gov[...] of the Hon[...] East India Comp[...] Island of St Helena Pre[...] & Councell May The Hon[...] Comp[...] by their Letter to us of the 30th of March write to us that you will use your best endeavour to proceed the improvem[...] of St Helena by Sugars and Indigo Cotton, and may be the produce which shall be of good use without damage and trouble Wee must again assure you our orders and have no reason to doubt of your care and diligence in the care of St Helena Ships, which come from the Coast of Afric[...] or from Europe, and bring Negroes, and among the slaves you fetch, you may sometimes (if you can) make a choise of such young Boys and some that have been used to Sugar works or in planting Indigo or Cotton wool or other works which may be useful in making of the said Commodities, and some Carpenters and Coopers, they will be much the better Wee desire not to send Cotton and Indigo Seed, make known if you can get them from any Dutch Ships, Mr[...] River[...] at present we desire him to send to our Governour and Councell at St Helena, a large and particular description of the manner of planting and curing Indigo, of Cotton, Hemp, and what Seed of every sort that you can send that is fit for planting, and such long paper [...] procure them and send patterns of ground papers or any thing you think fit to propagate, wee are told they do in remote parts of Sugar works at St Helena that you should send more for some use and to be in good order and in such order as we have been informed Wee would have you send by every Ship some pieces of 30 or 40 yards Di[...] and some other goods as you shall find fit for the fitting of your works in Sugar Mills, and have them kept Wee shall remove any Slaves there in such things, those that you can have them fit to take them by [...] or put them on board Ships, and that you do not abuse them Wee have taken notice in your Letter of getting very heavy timber Wee have sent some by the Dutch Ship, per this to send us proper Indigo Seeds cannot be had here, nor plants or other Wee have no hard wood in this Country, there is none, the woods Madagascar which the Honourable Company send us do send some some plants and Saffron Seeds and some other Seeds We have sent you by the Henry and William which we desire that you improve them and plant them in a place shaded by Trees, otherwise it will not thrive Mr Hannock hath not sent us the Directions, desire for making said [...] but herewith we send you Directions wee had from the Coast of Malabar We are here in great Trouble, we send Ships upon all occasions We shall not omit any thing which may tend to your advantage We are very willing to promote the Honourable Company’s Service | The directors addressed Governor George Blackmore and the Council regarding the ongoing efforts to improve St Helena through the production of sugar - indigo - and cotton. They reiterated the Company’s instructions from 30 March - expressing confidence in the Governor’s diligence while urging the cultivation of these profitable commodities. To support these industries - the Governor was instructed to select specific individuals from the enslaved populations arriving from the African coast or Europe. The directors requested a preference for young boys and those already experienced in sugar works or the planting of indigo and cotton. Skilled workers - such as carpenters and coopers - were also deemed highly desirable for the Island’s infrastructure. Regarding seeds and agricultural knowledge - the directors noted that indigo seeds could not be sourced locally and suggested obtaining them from Dutch ships. They requested a detailed description of the methods for planting and curing indigo - cotton - and hemp. Additionally - specific instructions were sent from the Malabar Coast to assist in these processes - as Mr Hannock had failed to provide the necessary directions. Seeds for saffron and other plants were dispatched via the ship Henry and William - with a warning that they must be planted in shaded areas to thrive. The letter also mentioned the need for equipment - including sugar mills and pieces of fabric for the works. The Governor was directed to manage the transport of enslaved people carefully and to ensure they were not abused. Despite acknowledging “great trouble” in their own affairs - the directors affirmed their commitment to the Company’s service and promised to continue sending ships and supplies to promote the Island’s advantage. Interpretations George Blackmore: The Esq appointed as Governor of St Helena - tasked with transitioning the Island from a simple port of call into a productive plantation colony. Malabar Coast: A region on the southwestern coast of India - from which the Company drew agricultural expertise for tropical crops like indigo to be applied on St Helena. Henry and William: The specific vessel used to transport seeds - plants - and presumably other essential supplies for the experimental plantations. Perhaps: The specific instruction to select “young boys” for the plantations probably reflects a desire for a long-term labour force that could be trained in specific trades and would likely remain productive for many years. Indigo and Cotton: These were high-value cash crops in the seventeenth century - and the Company’s push to grow them on St Helena illustrates a clear intent to make the Island self-sustaining and profitable. |
124 | 103 | 6 [...] of them the Company voyages from the Coast the Ben[...] Merch[...] We are sending with Sugar to Holland, there is also the Lyon Merch[...] the Eagle and John and Mary to Africa, the Sugar Merch[...] in each and every particular we cannot procure the said Mills nor Shutham Moore have begun the Work, and do work and make what Not off[...] We should be very glad to promote any thing that may be for the Honourable Companys Service upon your Island, therefore if any thing should be done which you can cause may tend to advance what endeavour to bring you [...] Your affectionate friends Jo[...] Fran[...] Ellis Ed[...] Grene[...] E. Oxenbridge Our Command of the respective Ships in Our Service att our Island of St Helena London Aprill 1684 Sir Since we have ordered our Governour and Councell of St Helena to Ship on board of any Merchant Ships or any other Ships Goods of any kind whatsoever and allow them to take Board and pay Freight, and to receive any Returns as follow upon, We thought fit to advise you thereof and of all Ships that may come in the Bay from England and Africa Goods made in the Bay Companys Servants, Goods we have bought and order you particularly to receive the same, and give receipt and give an account thereof Goods so received must be carefully managed, and disposed Goods and Councell a sufficient Dispatch We would have you not faile to perform this Order that no time be lost, and we give encouragement to Merchants to send Goods to your Government of the said place We are John Dubois Wm Sedgwick Tho: Cooke Jos: Child Chris: Boone Peter Daniell Edw Browne Edw Bidge John Bankes Governour Jeremy Sambrooke Hen[...] K[...] Ja[...] Darwood Jo[...] Morris Ric[...] Hutchinson Wm Jarratt | The directors mentioned the deployment of several vessels - including the Bengal Merchant - the Lyon Merchant - the Eagle - and the John and Mary - to various destinations such as Holland and Africa. While some of these ships were carrying sugar - the directors noted a difficulty in procuring certain mills for the Island. They observed that Shutham Moore had begun work on these projects - though the results were not yet fully realised. The directors reiterated their desire to promote anything that might serve the Company’s interests on the Island - urging the local authorities to advance any endeavours that might bring improvement. A separate order from London dated April 1684 was addressed to the commanders of the ships in the Company’s service at St Helena. The Governor and Council were authorised to ship goods of any kind on board merchant vessels - paying the necessary freight and receiving returns accordingly. This order applied to all ships arriving in the bay from England or Africa. The commanders were specifically instructed to receive goods bought by the Company - providing receipts and keeping a careful account of them. These goods were to be managed and disposed of with a sufficient dispatch. The directors emphasised that this order must be performed without fail to ensure no time was lost - as they wished to encourage merchants to continue sending goods to the government at St Helena. The documents were signed by Governor John Banks - Deputy Jeremy Sambrooke - and other prominent officials including Josiah Child and Christopher Boone. Interpretations Bengal Merchant: A well known vessel in the East India Company fleet - used here as part of a wider maritime network transporting commodities like sugar. Freight: The charge paid for the carriage of goods by ship - which the local government was now permitted to pay to use merchant vessels for Company trade. Josiah Child: Sir Josiah Child was one of the most powerful and influential figures in the history of the East India Company - serving as its Governor and architect of its more aggressive commercial policies. Perhaps: The instructions to allow the Governor to use merchant ships for trading goods suggests that the Company was trying to increase the frequency of trade and supply beyond what their own official fleet could provide. April 1684: The timing of this dispatch shows a coordinated effort to streamline the logistics of the Island’s administration at the start of the spring sailing season. |
125 | 104 | By the Governour and Comp[...] of Merchants of London trading into the East Indies, Dated [...] Sept[...] 1684 You are upon sight hereof to deliver out of our Stores on board of [...] Ship the [...] for the use and account of St Helena and to deliver the same unto the Governour and Councell of the said Island Such goods as they by bill of ordinary shall demand that come from Mas[...] fit to make Goods for our Negroes, or such other Goods as shall be found fit for the cloathing of our Planters for which you shall be your Discharge Dated Bankes Governour Tho: Cooke Dep[...] Jos: Child James Daw[...] John mor[...] Charles Boone Rich Hutchinson Wm Jarratt Wm Sedgwick John Dubois Edward Bidge Tho: Cooke To the respective Commanders of all Ships that shall arrive at St Helena from India homewards bound By the Governour and Comp[...] of Merchants of London trading to the East Indies Whereas Wee are informed that some of our Planters upon St Helena are not so industrious in the planting of Sugars and Indigo as they ought Wee doe therefore require you that you take special care and give encouragement unto them to plant and improve the said Island and that all persons whatsoever that shall be found idle or negligent shall be punished and that they be made sensible of their neglect and that all persons be obliged to plant and improve their lands And wee doe further require you to send us an account of the state and condition of the said Island and what progress hath been made in the planting of Sugars and Indigo and what quantity thereof hath been produced Given at the East India house this 26th of November 1684 Joseph Ashe Governour Jos: Child Dep[...] Jeremy Sambrooke James Daw[...] Wm Jarratt Rich Hutchinson Wm Sedgwick John Dubois Edward Bidge | The Governor and Company of Merchants in London issued an order in September 1684 addressed to the commanders of all ships returning from India. Upon arrival at St Helena - these commanders were required to deliver specific stores for the Island’s use as demanded by the Governor and Council. These goods included materials from Masulipatnam suitable for making clothing for the enslaved population - as well as other fabrics intended for the clothing of the planters. Such deliveries were to be officially recorded as a discharge of the ship’s obligations to the Company. This order was signed by Governor John Bankes - Deputy Thomas Cooke - and several other directors including Josiah Child. In a further directive dated 26 November 1684 - the Company expressed its dissatisfaction with the lack of industry shown by some planters in the cultivation of sugar and indigo. The Governor was ordered to take special care to encourage these agricultural improvements and to ensure that any person found idle or negligent was punished. The directors insisted that all inhabitants must be made sensible of their neglect and be obliged to improve their assigned lands. The Governor was also required to provide a detailed report on the state of the Island - specifically documenting the progress made in planting sugar and indigo and the total quantity produced. This later dispatch was signed at the East India House by the new Governor - Joseph Ashe - and Deputy Josiah Child - alongside directors such as Jeremy Sambrooke and John Dubois. Interpretations Masulipatnam: A major trading port on the Coromandel Coast of India - known for its high-quality textiles and calicoes which were being repurposed here for local use on the Island. Idle or negligent: This phrase highlights the Company’s shift towards a more authoritarian style of management - where failure to produce profitable crops was treated as a punishable offence. East India House: The headquarters of the Company in Leadenhall Street - London - where these administrative and legal policies were formulated. Perhaps: The requirement for returning ships from India to offload cloth suggests that St Helena was being integrated into a triangular trade route - receiving Indian manufactured goods in exchange for its role as a strategic Atlantic base. 26 November 1684: This date marks a period of significant administrative pressure from London - probably reflecting the directors’ growing impatience with the slow pace of agricultural development on the Island. |
126 | 105 | Copy Comp[...] generall Letter pr[...] St Nyborne Our Governour & Councell at St Helena London 6 May 1685 1 We have rec[...] yours of [...] and the 17th of December by the Royall Charles and the Anne upon which we return you the better dispatch And some of whose directions are severall letters you might receive were long Since a full sight of that [...] and all that hath been proposed for our Service being naturally apt to fall into new Execution of Instructions upon Upon notorious offence being the only known way to keep any persons in due subjection to good order 2 You are to follow in executing the first mentioned & last mentioned full order we shall give you concerning of those who have been sent Which we have commanded by several Instructions which we have [...] for the [...] of our and their plantations which is a generall Regulation which we have now caused and to which respect is to be paid and which we expect you will observe 3 Upon the Charter and Commission aforesaid you may observe there is no power to this Island granted unto you to impose any taxes except by Act in his Majesty’s Commission the exception of such things which notorious offenders you may be assured that same and you observe strictly and faithfully by the same you are to govern the Island without help of any other Authority and you are to use your utmost care to keep all persons whatsoever in due obedience and good order 4 John Wyborne now in England will forthwith take his passage in this Ship which we design for Bombay to be directly Governour of that place and you are to give him all assistance and dispatch which may be necessary for the execution of his employment 5 The Engineers and Officers you shall appoint shall be careful of the fortifications there and shall repair the same and make all things fit and upon the Corporation and Government of the Company you shall have power to appoint Officers and to discipline the Soldiers 6 Sir John Wyborne will acquaint you in the manner now in use in the Garrison and of keeping of all the Stores and all other things relating to the said Island and to see that all Officers do their duties and keep good discipline and good order among all persons there [...] | The directors acknowledged receipt of correspondence from St Helena dated December by the ships Royal Charles and Anne. They expressed a firm belief that the strict execution of instructions following any notorious offence was the only known way to maintain subjection and good order on the Island. The Governor and Council were commanded to follow both previous and current regulations regarding the management of the plantations - as these general rules were expected to be observed without exception. A significant clarification was made regarding legal authority. Under the Charter and Commission - the local government was informed that they possessed no power to impose taxes except where specifically authorised by His Majesty’s Commission. However - the Governor was assured that he possessed full authority to govern the Island and maintain obedience among all persons without the need for any other outside help - provided he acted strictly according to the Company’s established rules. The dispatch also announced that Sir John Wyborne - then in England - was to take his passage on a ship bound for Bombay to serve as Governor there. The authorities at St Helena were ordered to provide him with all necessary assistance and dispatch during his stay. Furthermore - the engineers and officers on the Island were tasked with the careful repair and maintenance of the fortifications. The Governor was granted the power to appoint officers and discipline the soldiers under the Company’s corporation and government. Sir John Wyborne was specifically tasked with advising the local administration on the modern methods used for managing a garrison and the proper keeping of military stores. He was to ensure that all officers performed their duties and maintained strict discipline among the inhabitants and soldiers alike. Interpretations Sir John Wyborne: A senior official and naval commander appointed as Lieutenant Governor of Bombay - whose expertise in garrison discipline was being utilised to standardise the military procedures at St Helena during his transit. Notorious offence: This legal phrasing suggests that the directors intended to use public or well-known instances of misconduct as opportunities to reinforce their authority through visible punishment. Bombay: Now Mumbai - this was one of the Company’s primary administrative centres in India - illustrating St Helena’s role as a vital stopping point for high-ranking officials travelling between London and the East. Perhaps: The reminder that the Governor had no power to impose taxes without royal authority reflects the Company’s desire to keep the local administration’s power in check while still demanding absolute obedience from the planters. 6 May 1685: This date indicates that these orders were issued shortly after the death of Charles II and the accession of James II - a period of transition that probably influenced the Company’s emphasis on legal charters and royal commissions. |
127 | 106 | It is our will next after our Governour and Capt[...] to take place next after the said Captain that you may be careful what persons shall be allowed any allowance for their Services and none shall have any allowance but upon his Majesty or upon our order and you are to take special care that they have sent to his Majesty to us and you observe this accordingly [...] 8 Wee observe you by your Letters have sent us two or three persons whom you judge fit to be entrusted with the care of your Stores and you say that some of them may be to trust and that others have been found faulty and upon this you have been forced to remove them and to appoint others in their stead which we approve 9 Wee have seen your letter wherein you say that you need not have so many of such persons as the said Island can well maintain and we shall take care accordingly 10 Wee cannot imagine Mr Snell should be unwilling to perform his duty to us, if any thing be amiss we desire you to give us a full account thereof and we shall take care to see all things be set right, and such persons as shall be found negligent or faulty shall be removed and others put in their places 11 Wee have desired Mr John Wyborne to enquire into your affairs and to report the same unto us that we may take such course therein as shall be fitting 12 While Mr John Wyborne is with you we would have you give him all assistance in the management of the Companys affairs and to observe his directions in all things [...] | The directors established a strict protocol for official rank and remuneration - stating that the Governor and Captain were to be followed in precedence by the appointed officers. A firm instruction was given that no person should receive an allowance for their services unless specifically authorised by the King or by the Company’s direct order. The local administration was tasked with ensuring that all such financial matters were reported to his Majesty and the directors for approval. Regarding the management of supplies - the directors acknowledged receipt of letters identifying several individuals considered for the care of the stores. They noted that while some were found to be trustworthy - others had proven faulty and were subsequently removed. The directors expressed their approval of these dismissals and the appointment of new staff in their stead. Responding to reports that the Island might be overpopulated beyond what it could reasonably maintain - the directors promised to take appropriate action based on the Governor’s assessment. They also addressed concerns regarding a Mr Snell - expressing surprise that he might be unwilling to perform his duties. The Governor was requested to provide a full account of any misconduct so that the matter could be corrected - reiterating that any negligent or faulty persons would be replaced. Finally - Sir John Wyborne was formally commissioned to enquire into the Island’s affairs and report his findings to London. During his stay - the Governor and Council were ordered to provide him with every assistance in managing the Company’s business and to observe his directions in all matters without fail. Interpretations Sir John Wyborne: A high-ranking official whose temporary presence on the Island was utilised as a form of external audit to ensure local governance met the Company’s expectations. Mr Snell: Probably a local official or clerk whose performance had come under scrutiny - reflecting the directors’ intolerance for any perceived lack of commitment to their service. Allowances: These were additional payments or perks provided to officers - which the Company was now strictly regulating to prevent local corruption or unauthorised spending. Perhaps: The instruction to follow Sir John Wyborne’s directions “in all things” suggests that the directors had more confidence in their travelling officials than in the resident Council - probably due to ongoing concerns about local administrative standards. Subjection: The recurring theme of discipline and subjection in these letters indicates that the Company viewed the Island primarily as a military and commercial outpost rather than a traditional civilian colony. |
128 | 107 | For fencing in y[e] planters plantations it is a Most usefull and Necessary thing and we would have it done where it can be done As much conveniently as may be through want of timber supplies of Iron &c whereof you shall doe it as it shall be convenient for them for this year we leave it to yo[u]r Discretion to give such further time for performance thereof as you shall judge convenient And for worke men where you shall find cause for such in the mean time you are able (the Company having provided means for for such worke) and accounted to y[e] Company for the charge thereof you may allow them for one year what shall be needfull, every man to pay here to the pay office his proportion, such poor men have rights by Company as Negroes have never yet, nor we will allow to ye plantations of St Helena any such Negroes to be sold and reasonable prices You shall have it observed by Sir John Wyborne there or elsewhere sufficient to compell them to worke and obedience to y[e] rule 14 Wee cannot imagine as those idle Men suggest that you should keep Any Negroes here against their wills after they are arrived for service but if any of them should refuse to goe on with any worke you are to take care to punish them and to cause them to doe their duty 15 Since there hath been a rebellion in y[e] Island by Mr [...] we have taken care and we do give directions that for the future such miscarriages shall be prevented, and if any such thing shall be attempted you are to use all means to suppress the same We do require you that you be very vigilant and carefull in the management of all affaires and to keep good order and discipline among all persons whatsoever that shall be under your government And that you doe not suffer any disorder or neglect to be committed but that all persons do their duty and performe the same 16 Wee would have you also take care that all fitting and necessary repaires be made to the Fortifications and other publick works and that all things be kept in good order and condition 17 And we doe further require and command you strictly to forbid upon pain of severe punishment all persons from going on board any Ship or vessel without leave, and that you take care that none be permitted to go on board any Ships without your knowledge And that you take care that no person whatsoever do presume to goe on board any Ship without your leave and consent | The directors addressed the essential task of fencing the planters’ land - describing it as a most useful and necessary project. Recognising that a lack of timber and iron might hinder progress - they granted the Governor discretion to allow additional time for the work to be completed this year. The Company provided the means for these improvements - with the costs to be accounted for and paid through the official pay office. The directors reiterated their stance on labour - refusing to allow enslaved people to be sold at anything other than reasonable prices. Sir John Wyborne was tasked with ensuring that sufficient measures were in place to compel both enslaved people and servants to work and remain obedient to the Company’s rules. The Governor was advised to ignore suggestions from idle men that enslaved people were being kept against their will after their arrival for service. Instead - he was strictly ordered to punish any who refused to work and to ensure they performed their duties. Reflecting on a recent rebellion led by Mr [...] - the directors issued firm directions to prevent future miscarriages of justice or order. The Governor was required to be extremely vigilant and to use every means necessary to suppress any further attempts at insurrection. Maintaining strict discipline among all persons under the government was paramount - and no disorder or neglect of duty was to be tolerated. The local administration was further tasked with the upkeep of the Island’s infrastructure - specifically requiring that all necessary repairs be made to the fortifications and other public works to keep them in good condition. Finally - a strict prohibition was placed on unauthorised boarding of vessels. On pain of severe punishment - no person was permitted to go on board any ship or vessel without the express leave and knowledge of the Governor. This measure was intended to maintain total control over the movement of people and goods between the Island and visiting ships. Interpretations Fencing: This practice was crucial for protecting crops from the Island’s roaming livestock and for establishing clear legal boundaries for the plantations. Rebellion: This probably refers to the 1684 insurrection on the Island - a significant event that led to the execution of several planters and a subsequent tightening of Company control. Pay office: The central financial department in London where the costs of materials like iron and tools supplied to the planters were managed and balanced against their accounts. Perhaps: The emphasis on punishing those who “refuse to goe on with any worke” suggests that the Company was facing significant resistance from the labour force and was determined to use force to maintain productivity. Severe punishment: The threat of harsh penalties for boarding ships without leave reflects the Company’s ongoing fear of “interlopers” and the potential for inhabitants to engage in illegal trade or escape the Island. |
129 | 108 | 18 Wee have sent you no Tooles but the most necessary instruments for any hereafter you may want we shall consider thereof and send them right and it shall be sent you though we have sent you such store of Spikes since you desire the service of the Company of the use of your Garrison for some time 19 Wee have reason to think that a trade of S[...] might prove profitable and encourage what from the Companys side, and we become to you for directions and to do therein what shall be most usefull for our advantage there, we have sent to you some profitable Goods which will be found to answer well for the service of the Company and of the Island, and we expect you will take care that the same be well managed and disposed of for the best advantage 20 You are to take care that all persons that come by the Ship do have and that you do give them what is fit for them and that they be not wronged or abused in any thing, and that you take care that all things be done in good order and that no disorder be suffered 21 Wee have sent you directions how you are to order the Plantation and to take care that the same be well managed and improved and that all things be done according to the orders given you 22 Wee have further directed and ordered for preventing of disputes and to stay away any Ships one or more in case of necessity and that you take care that the same be done according to the directions given you and that you do not suffer any disorder therein 23 Upon the receiving we expect from his Majesty for the Government of the Company we design to settle the same and to appoint such persons as shall be fit for the management thereof and we expect that you will conform yourself thereto and observe all such orders and directions as shall be given you from time to time | The directors informed the Governor that only the most necessary instruments and tools had been dispatched for the present. They promised to consider any future requests for equipment - provided they were deemed right for the Company’s service. A supply of spikes was specifically included for the use of the garrison - reflecting the ongoing focus on the Island’s physical security. The prospect of a new trade in specific commodities was discussed as a potentially profitable venture for the Company. The Governor was directed to manage and dispose of certain profitable goods recently sent to the Island - ensuring they were handled to the best advantage of the directors. Furthermore - strict orders were given to ensure that all persons arriving by ship were treated fairly and provided with what was fit for them - with a specific command that they should not be wronged or abused. Detailed directions were provided for the management and improvement of the plantation - with the expectation that all work would be carried out according to the Company’s established orders. To prevent future disputes - the Governor was granted the authority to delay or “stay away” ships in cases of necessity - provided this was done in good order and without causing any local disturbance. Finally - the directors announced their intention to settle the formal government of the Company upon receiving further authority from the King. They planned to appoint fit persons for the management of the Island and expected the current administration to conform to all such future orders and directions as they were issued from time to time. Interpretations Spikes: Large iron nails or bolts used in the construction of fortifications - specifically for securing heavy timber beams or coastal defences. Stay away: The legal and maritime power to prevent a ship from departing the harbour or to delay its voyage - often used during times of emergency or to ensure Company business was prioritised. His Majesty: A reference to King James II - whose recent accession meant the Company was awaiting new royal confirmations of its governing charters and legal powers. Perhaps: The concern that arriving persons should not be “wronged or abused” suggests the directors were aware of the potential for local officials to exploit newcomers or sailors - which probably damaged the Island’s reputation as a reliable port. Necessary instruments: This phrase indicates a frugal approach to supplying the colony - where only the most essential items were provided until the planters could prove the land was capable of returning a profit. |
130 | 109 | And protection of the Almighty God we remain Yo[...] loving fri[...] The ship we have sent say now to serve in John Brabourne of which we have [...] ordered he is to observe your orders for Governm[...] as you may see by his Account This is a true Copy Examined by me cum originale John Brabourne Mercer Esq[...] late Govern[...] Berkley Mr Child Dep[...] Sam[...] Dashwood Sir H[...] Horne Chr[...] Boone Tho: Boone James Rex Copy King James his Charter Dated [...] of [...] Regno Noss James by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c to all to whom these presents shall come Greeting Whereas our well beloved the Governor and Company of Merchants of London trading into the East Indies have by humble petition represented unto us their desire that they may have leave to trade into and from the said East Indies and have power to make such laws and ordinances for the better Government of the said Company and for the ordering of all matters and things relating thereunto And that they may have power to appoint Governors and other Officers for the managing of their affairs and to punish offenders and to do all other things necessary for the carrying on of the said trade Know ye therefore that we of our special grace certain knowledge and mere motion have given and granted and by these presents do give and grant unto the said Governor and Company of Merchants of London trading into the East Indies and their successors full power and authority to trade into and from the East Indies And to make laws ordinances and constitutions for the good Government of the said Company and for the ordering and disposing of all matters and things relating thereunto And to appoint Governors and other Officers for the managing of their affairs and to remove and displace them as they shall see cause And to punish offenders according to such laws and ordinances as shall be made for that purpose And further we do give and grant unto the said Governor and Company and their successors full power and authority to do and execute all other things which shall be necessary for the carrying on of the said trade [...] | The directors concluded their correspondence by commending the Island and its affairs to the protection of the Almighty. They confirmed that John Brabourne had been dispatched to serve as an official - with instructions to observe the orders of the local government as detailed in his accounts. This final section was formally verified as a true copy of the original by Brabourne himself - and was signed by prominent Company figures including Deputy Child and Samuel Dashwood. The document includes a significant legal instrument: a copy of the royal charter granted by King James II. In this charter - the King acknowledged a petition from the Governor and Company of Merchants of London trading into the East Indies. Exercising his royal prerogative - the King granted the Company full power and authority to conduct trade to and from the East Indies. This authority extended beyond mere commerce - granting the Company the legal right to make laws - ordinances - and constitutions for its own governance. Furthermore - the charter empowered the Company to appoint and remove Governors and other officers as they saw fit. Crucially - it provided the legal basis for the Company to punish offenders according to its own established laws. The King granted the Company and its successors the authority to execute all actions necessary for the continued operation and management of their maritime trade. Interpretations John Brabourne: An official whose signature on this “true copy” confirms his role in maintaining the Company’s legal and administrative records on the Island. James Rex: King James II - whose charter provided the essential legal framework for the Company’s absolute authority over its territories - including St Helena. Full power and authority: This legal language confirms that the Company operated as a sovereign body - possessing the right to legislate and enforce its own laws independently of the domestic English legal system. Perhaps: The inclusion of the royal charter in the local records was probably intended to serve as a constant reminder to the inhabitants that the Governor’s power was backed by the highest authority in England. Punish offenders: The explicit mention of the power to punish indicates that the Crown expected the Company to maintain strict order in its remote settlements through the use of judicial force. |
131 | 110 | The said Acton Denison, John Rich, John Bolton, Tho: Bolton Matthew Browne, John Griffin, Rob: Sewell, Peter D[...] Rob: Seaman and others, and what our concern is they are now to assist upon the said Island in the management of their affaires and to have power to execute the orders and directions given unto them by the said Company, and to act according to such orders and directions as they shall receive The said Acton Denison, John Rich, John Bolton Tho: Bolton, Matthew Browne, John Griffin, Rob: Sewell Peter D[...] Rob: Seaman and others are to reside upon the said Island and to have power to act in the execution of the said trust and to govern according to the orders and directions given unto them If it shall happen that any of them shall die or depart from the said Island, or be removed from their office then the survivors or such as shall remain shall have full power and authority to act and proceed in the execution of the said trust and to govern according to the orders and directions given unto them And we do hereby declare that they and every of them are to obey all such commands as shall be given unto them by the said Company or their Governors and Councell, and to act according to such orders and directions as they shall receive Given at our Court at Whitehall this 14th day of April 1685 in the first year of our Reign This is a true copy examined by me cum Originale John Brabourne | The document formally appointed a group of individuals - including Acton Denison - John Rich - John Bolton - and others - to assist in the management of the Island’s affairs. These men were granted the legal power to execute the orders and directions issued by the Company and were required to reside upon the Island to fulfill their trust. They were explicitly instructed to govern according to the established regulations and to remain obedient to the commands of the Company - its Governor - and the Council. Provisions were made for the continuity of this local government in the event of death - departure - or removal from office. The survivors or remaining members were granted full authority to proceed with the execution of their duties and to maintain the governance of the settlement. This mandate was issued from the Court at Whitehall on 14 April 1685 - during the first year of the reign of King James II. The text concludes with a formal certification by John Brabourne - confirming it as a true copy of the original royal command. Interpretations Whitehall: The primary residence of the English monarchs in London from the mid - sixteenth century until 1698 - where significant state documents and royal charters were signed. Succession: The instruction for survivors to carry on the “trust” highlights the Company’s concern with maintaining a stable and uninterrupted administrative presence on the remote Island. Acton Denison: One of several officials appointed to provide a more robust and reliable governing body - probably to replace those previously found “faulty” or “negligent.” Perhaps: The repetition of the names and the emphasis on their power to “act and proceed” suggests that the Company was creating a more formalised bureaucracy to oversee the transition toward a plantation economy. 14 April 1685: The proximity of this date to the other dispatches from May 1685 shows that the Company moved quickly to secure new legal commissions following the change in the English monarchy. |
132 | 111 | Order to the Governour & Councell The Governour and company of Merchants of London trading to the East Indies Whereas Our Governour and councell of St Helena now some Time being want for one or two men of good skill for some particular Services or for releiving our Garrison, wee doe hereby give permission to Each Captain commanding Ships in our Companys service that they may all such Orders of the Governour & Councell as aforesaid and that the said Servant to them agreed in allowance of our Governour and the Companys Service in our Island of St Helena once a month out of every one Ship or Ships that arrive there to give such choice of men as he shall think fitt for one or two of the said Island St Helena for the Space of one Month shall continue in our service as aforesaid that he be not hindered or detained but to returne at such times as aforesaid and be responsible to him to his obey orders in matters concerning the Governour in St Helena Dated at the East India house this 23 day of Aprill 1685 Worcester Berkley Sir Jos: Ashe Govern[...] Jos: Child Dep[...] James Edwards John Vethulles Jeremy Sambrooke Wm Jarratt Wm Sedgwick Sam Dashwood Jos: Horne John Boddener Tho: Cooke Chris Boone George Browne To the Commanders of all Ships in the East India Companys service who shall hereafter arrive in the Road of St Helena | The Governor and Company of Merchants in London issued an order on 23 April 1685 addressed to the commanders of all ships arriving at St Helena. Recognising that the local administration occasionally required one or two men with specific skills for particular services - or to provide temporary relief for the garrison - the directors granted the Governor and Council the authority to request such assistance from any vessel in the Company’s service. Under this arrangement - ship commanders were permitted to allow one or two men of the Governor’s choice to remain on the Island for a period of one month. These individuals were to be placed under the command of the local government and were required to obey all orders concerning the affairs of St Helena during their stay. The directors specified that these men must not be hindered or detained beyond the agreed time - and they were to return to their respective ships after the month had passed. This directive was signed at the East India House by Governor Joseph Ashe - Deputy Josiah Child - and a large assembly of directors including Jeremy Sambrooke and Christopher Boone. Interpretations East India House: The administrative centre in London where the Company’s Court of Directors met to manage its global operations and issue these specific maritime orders. Garrison relief: The practice of temporarily pulling skilled men from visiting ships to bolster the Island’s defences or perform technical tasks that the local inhabitants probably could not manage. Road of St Helena: The offshore anchorage area where ships would wait to be served - which was the primary point of contact between the global fleet and the local government. Perhaps: The strict limit of “one month” for these temporary assignments suggests that the directors were careful to balance the needs of the Island with the requirement for ships to remain fully crewed for their long voyages to India or Europe. 23 April 1685: This order was issued during the first year of the reign of James II - coinciding with a broader effort to standardise the relationship between the Company’s naval commanders and its colonial governors. |
133 | 112 | James R Copy of a Kings Commission to the governing of St Helena Dated 3d of Aprill 1685 James the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c To our Trusty and wellbeloved John Bl[a]ckmore Esq our Governour of St Helena and to our trusty and wellbeloved the rest of the Councell there and every of them greeting Whereas wee have been informed of the great disorders and irregularities committed upon our Island of St Helena by divers of the Inhabitants there contrary to the good Government of the said Island and to the prejudice of our Service and the Companys affaires and that many of the said Inhabitants have combined together and refused obedience to the Governour and Councell there and have in a mutinous manner opposed and resisted the execution of Justice and the due administration of Government And Whereas wee are further informed that several persons have lately come to the said Island and have joyned themselves with the said mutinous persons and have aided and assisted them in their disobedience and opposition to the said Governour and Councell And forasmuch as wee are desirous to prevent the like disorders for the future and to settle a good and orderly Government in the said Island Wee have therefore thought fit to give and grant unto you the said John Bl[a]ckmore full power and authority to govern the said Island and the Inhabitants thereof according to such orders and directions as you shall receive from us or from the Company of Merchants of London trading to the East Indies And wee do hereby require and command all persons whatsoever inhabiting or residing within the said Island to be obedient unto you and to the Councell there and to conform themselves to such orders and directions as shall from time to time be given unto them for the better Government of the said Island Given at our Court at Whitehall this third day of Aprill in the first year of our Reign Anno Dom 1685 | King James II issued a formal royal commission to Governor John Blackmore and the Council at St Helena on 3 April 1685. The document noted that the King had been informed of great disorders and irregularities committed by various inhabitants on the Island. These actions were described as being contrary to good government and prejudicial to the service of both the Crown and the Company. Specifically - many inhabitants had reportedly combined together to refuse obedience and had resisted the execution of justice in a mutinous manner. The commission also highlighted that several persons newly arrived at the Island had joined these mutinous factions - aiding them in their opposition to the local authorities. To prevent such disorders in the future and to establish an orderly government - the King granted John Blackmore full power and authority to govern the Island and its inhabitants. This governance was to be conducted according to the directions received from the Crown or the East India Company. All persons residing on the Island were strictly commanded to be obedient to the Governor and Council and to conform to all orders given for the better government of the settlement. This royal mandate was issued from the Court at Whitehall during the first year of the King’s reign. Interpretations John Blackmore: The Governor of the Island during this turbulent period who was tasked with restoring order following the 1684 insurrection. Mutinous: This term refers to the violent uprising by planters and soldiers against the Company’s rule - which had resulted in the death of the previous Governor and a period of significant instability. Whitehall: The royal palace in London which served as the centre of government - where this commission was signed to provide the legal weight of the monarchy to the Company’s local rule. Perhaps: The mention of “several persons lately come to the said Island” joining the mutiny suggests that the arrival of new settlers or sailors probably acted as a catalyst for local grievances to turn into open rebellion. 3 April 1685: The date confirms that one of the first actions taken by King James II regarding the East India Company was to personally intervene in the disciplinary affairs of St Helena. |
134 | 113 | Planters and [P][o][s][s] upon our sd Island that have byned and joyned in the said horrid rebellion Except Adam Denison One of the said ringleaders John Rich that was designed to be made Governour by the said Rebells Thomas Bolton John Griffin Esq[r] deputy Governour for the said Rebells Thomas Bolton John Stone Esq[r] Matthew Browne formerly lieutenant John Griffin Esq[r] Rob[er]t Sewell, Wm B[ar]t[...], and severall others whose names of rebellion was contrived by Rob[er]t K[...], a ff[...], Monarchy men Engaged in rebellion and Mutiny who we are informed formerly betrayed this Island to the Dutch and Anthony Beale, and in made the said Rebellion a going on any of their adherents before the arrival of the Ship London at St Helena shall have Notice upon or before the said Island in chappell valley [...]. Upon this Wee doe hereby Authorize and commission you John Blackmore Esq[r] Sr John W[...], and Rob[er]t Sewell Esq[r]r Deputy Governour of the said Island Joseph Blackmore Esq[r]r John Toten Esq[r]r their Assistants or any three of them to take into their Armes and Ensigns thereof and to such number of Souldiers and of the said Island and make use of such number of them as shall be necessary to Employ and make use of such number of them equipped in warlike manner as the service shall require them to keep the peace by force of Armes to assault and take the said persons and others assisting with them and resisting and take prisoners any such persons or parties of rebellion opposition apprehended and secure and detain to proceed against them as shall be taken prisoners in this action or otherwise to pardon and discharge and to try our Crown and dignity or otherwise to pardon and discharge such as their offences are not extraordinary as you in your discretion shall think most convenient and suitable to our Service to settle the Security of that our sd Island and the prevention of rebellion and mutiny hereafter in all other things to act and do all and every of you affairs that you shall receive and in the Execution hereof you are always to observe and follow such orders and directions as you shall from time to time receive from the Governour and Deputy Governour of the said East India Company and these our letters shall be your sufficient Warrant and discharge in that behalf These presents and sealed with our great Seal of England to be to the same given at our Court at Whitehall this 14th day of 1685 in the first year of our Reign | The royal commission identified specific ringleaders of the rebellion - including Adam Denison - John Rich - who had been designated by the rebels as their new Governor - and John Griffin - the rebel deputy Governor. Other named participants included Thomas Bolton - John Stone - and Matthew Browne - a former lieutenant. The rebellion was reportedly contrived by Robert K[...] - described as a fifth-monarchy man who had previously betrayed the Island to the Dutch. These individuals - along with Anthony Beale and their adherents - were accused of mutiny and insurrection before the arrival of the ship London at St Helena. To restore order - the King authorized a special commission consisting of Governor John Blackmore - Sir John Wyborne - Deputy Governor Robert Sewell - Joseph Blackmore - and John Toten. Any three of them were empowered to take up arms and enlist a sufficient number of soldiers to keep the peace by force. They were granted the authority to assault and capture the rebels - take prisoners - and secure those resisting the government. The commissioners were further empowered to proceed against the prisoners or - at their discretion - to pardon and discharge those whose offences were not considered extraordinary - provided such actions suited the King’s service and the future security of the Island. The commission was instructed to follow all directions received from the Governor and Deputy Governor of the East India Company. This warrant - issued under the Great Seal of England at the Court at Whitehall on 14 April 1685 - served as the legal authority for the suppression of the mutiny during the first year of the King’s reign. Interpretations Fifth-monarchy men: A radical religious and political group from the mid-seventeenth century who believed in the imminent return of Christ to establish a “fifth kingdom” on earth - often associated with anti-authoritarian rebellions. Chappell Valley: The former name for James Valley - the primary settlement and port area of St Helena where the main chapel was located. London: The name of the vessel whose arrival at the Island marked a turning point in the Company’s efforts to regain control from the rebel factions. Perhaps: The mention of Robert K[...] having “betrayed this Island to the Dutch” refers to the Dutch capture of St Helena in 1673 - suggesting that the current rebellion was led by individuals with a long history of disloyalty to the Company. Great Seal of England: The highest mark of royal authority - used to authenticate the most important state documents and to signal that the suppression of the rebellion was an act of the Crown rather than just a private Company matter. |
135 | 114 | Copy of Instructions to S[r] John W[...][...] His Ma[jes]ty taking Notice of ye late traiterous ho[s]tile Attempt upon our Island of St Helena w[ch] hath been graciously pleased to Approve a new order in the Ship London (on w[ch] she is now to make deviation to the Island of St Helena before you proceed for Bombay) and we have thought it fit to require you to stay at St Helena to consult with you & ye Councell of the said Island and Cap[ta]in Command[e]r of the London together with our said Councell and therefore we doe Deliver to his Ma[jes]ty Comission our own generall Letter and all other papers relating to our sd Island of St Helena when that you may fully peruse the contents thereof in ye Voyage and assist the settlement of affaires of the sd Island when you arrive at St Helena All Insurrections are to be suppressed and if his Ma[jes]ty pleasure be known and shall bee by you and Councell & the Captain and Govern[o]r of St Helena safe to cause speedy Example to be made of those that shall be found guilty and punished of the Mutiny & rebellion Whereby you for time to come by his Ma[jes]ty Commission we should be found guilty of a felony continuing mutinously & treasonable practice attempt upon the said Island that wee have order and our Councell in St Helena to proceed to try and sentence of death & confiscation against them but that you should reprieve the Execution of such sentence if you shall think fitt thereunto for further order from us or to transmit the Malefactor there with full triall of life or death and the rebellion should be quelled and peace restored in that condition we might never Expect to see that Island in a settled condition or safety You and your Officers and Souldiers are not to begin until arrival at St Helena Though by or upon usual way for the articles under this Company but in regard of the condition of St Helena we have thought fitt to allow you to give and three weeks pay to be given to such of your men as shall stay on the Island of St Helena if there they desire to remain but nothing thereof is to be allowed to any of them you shall leave at St Helena Nor to any Souldier now at St Helena you shall transport from thence to Bombay | The directors informed Sir John Wyborne that His Majesty had taken notice of the recent treacherous and hostile attempts upon the Island of St Helena. Consequently - the ship London was ordered to make a deviation to the Island before proceeding to Bombay. Wyborne was required to stay at St Helena to consult with the Council and the Captain of the London regarding the restoration of order. He was provided with the King’s commission - the Company’s general letter - and all other relevant papers to peruse during the voyage so that he might effectively assist in the settlement of affairs upon his arrival. A clear mandate was given to suppress all insurrections. If the Governor - the Council - and the Captain deemed it safe and necessary - they were to make a speedy example of those found guilty of mutiny and rebellion. The commission granted the authority to proceed with trials - sentences of death - and the confiscation of property against those involved in treasonable practices. However - Wyborne was granted the power to reprieve the execution of such sentences if he thought it fit to await further orders or to transmit the malefactors for a full trial elsewhere. The directors emphasised that unless the rebellion was quelled and peace restored - they could never expect to see the Island in a state of safety or settled condition. Specific financial arrangements were made for the soldiers. In light of the troubled state of St Helena - Wyborne was permitted to offer three weeks’ pay to any of his men who chose to remain on the Island to assist with its security. However - this allowance was strictly limited to those staying behind and was not to be given to any soldiers being transported from St Helena to Bombay. Interpretations Deviation: The official change in the ship London’s sailing route - prioritizing the military and political crisis at St Helena over its original commercial mission to India. Reprieve: The legal act of postponing a punishment - giving Wyborne the flexibility to exercise mercy or seek higher counsel before carrying out a death sentence. Malefactor: A person who commits a crime or offence - used here to describe the participants in the armed uprising against the Company’s government. Perhaps: The offer of extra pay to soldiers who remained on the Island suggests that the Company was struggling to maintain a loyal and sufficient military force in the wake of the recent violence. Settled condition: This phrase reflects the directors’ primary objective - which was the return of the Island to a predictable and profitable state of governance after a period of total chaos. |
136 | 115 | We have at yo[u]r req[u]est and for yo[u]r sakes omitted this charge to be add[e]d Mo[d]erate for satisfaction & also to begin her demorage at [her] Moneth arrival after her departure from this down, both at and elsewhere w[ch] we have not granted to any ship this yeare and wee hope you will not be the less but ye more industrious to make a speedy dispatch as well from St Helena as at Madeira w[ch] you may doe this seasonably at Bombay where we hope your constant care and activity for our interest will be such as may give us cause to thank you and express o[u]r gratitude in such manner as may be to yo[u]r satisfaction Wee understanding w[ch] you have said above and his Majesties commission now sent because we would mix Mercy with Justice you may after sentences despise Execution of two or three of those persons Executing in that pardon after sentence if you think they have done any thing to merit some Clemency towards them The six paragraphs written on this and the other side of this paper are Copies of this Act drawn among other things as are written for the instructions given and delivered to S[r] John B[...][...] Deputy Governour of Bombay by the honourable the Governour & Company of Merchants of the honourable East India company whose Orders Commands and dated all the East India house the 7th of May 1685 being now produced and read at the court Martiall there under alleg[e]d it under o[u]r hands this 20th day of September 1685 Jos: Blackmore Jos: Child Dep Govern[o]r Jam[e]s Edwards Rob[t] Brown[e] Geo[r]g[e] Brown[e] John Boddener Sam Dashwood John Weyborne Joseph Dalton George Ashley Jacob Bartary A true copy Examined | The directors informed the local administration that they had omitted certain charges and granted a month of demurrage from the time of the ship’s arrival - a concession not given to any other vessel that year. This gesture was intended to encourage a speedy dispatch from St Helena and Madeira as the ship proceeded toward Bombay. The Company expressed hope that constant care and activity for their interests would result in a successful voyage - promising to show gratitude in a manner that would satisfy those involved. Crucially - the dispatch addressed the legal proceedings following the recent rebellion. While the King’s commission provided the authority for strict justice - the directors expressed a desire to mix mercy with the law. The Governor was granted the power to despise or stay the execution of two or three individuals even after a death sentence had been passed. This clemency was to be offered to those who were judged to have done something to merit such a pardon in the eyes of the Council. The document noted that the instructions and acts contained in the six preceding paragraphs were copies of those given to the Deputy Governor of Bombay. These orders - originally dated 7 May 1685 at the East India House - were produced and read at a Court Martial. The verification was signed on 20 September 1685 by a group of officials including Joseph Blackmore - Deputy Governor Josiah Child - and Sir John Wyborne. Interpretations Demurrage: A financial allowance or penalty related to the time a ship spends in port beyond the agreed period - used here as a specific incentive for the crew to move quickly. Court Martial: A military court convened to try offences against service discipline - in this case used to process the participants of the St Helena mutiny under the Company’s martial authority. Clemency: The act of showing mercy or leniency - which the directors probably viewed as a strategic tool to de-escalate tensions on the Island after the initial executions. Perhaps: The mention of mixing “Mercy with Justice” suggests the directors were wary of turning the entire planting population against the Company by being too indiscriminate with their punishments. 20 September 1685: This date indicates that the legal proceedings and the reading of the royal commissions took place several months after the initial orders were drafted in London. |
137 | 116 | A true copy examined from the Originall J[o][h][n] B[r][a][b][o][u][r][n][e] Laws & ordinances of warre Established for the conduct of the army To all the Officers of the army of Colonells Lieuten: Colonells Serjeant Majors Captaines other Officers and Souldiers of horse and foot and all others whome these Laws & ordinances may concerne Which Laws and ordinances here by published all the said are Respectively and Severally are required and commanded to observe and keep on the pain and penalty therein Expressed Laws and ordinances of warre as followeth 1 Of Duty to God No man shall presume to blaspheme the holy and Blessed Trinity God the father God the Son and God the holy Ghost nor the known articles of our Christian faith upon pain to have his tongue bored with a red hot Iron 2 Unlawfull oaths and Execra[t][i][o][n]s and Scandalous in derogation of Gods honour shall be punished with such severity as shall be fitting 3 All those who upon and wilfully absent themselves from divine service and prayers shall be proceeded against at discretion and also shall be weighed any place of publique worship shall undergo severe censure Of Duty in Generall 1 All such as shall practise and Entertain intelligence with the Enem[y] by any manner of means or shall give any intelligence to them or hold correspondence with them [...] | The document - verified as a true copy of the original by John Brabourne - established a set of laws and ordinances of war for the conduct of the army. These military regulations applied to all ranks - including Colonels - Lieutenant Colonels - Serjeant Majors - Captains - and all other officers and soldiers of horse and foot. All personnel were commanded to observe these rules strictly under the specific pains and penalties expressed in each article. The first section addressed duties to God. It was strictly forbidden for any man to blaspheme the Holy Trinity or the known articles of the Christian faith. The penalty for this offence was to have the tongue bored with a red-hot iron. Furthermore - unlawful oaths and scandalous execrations that brought derogation to God’s honour were to be punished with appropriate severity. All those who wilfully absented themselves from divine service and prayers - or who behaved improperly in a place of public worship - were to undergo severe censure and be proceeded against at the discretion of the authorities. The second section concerned general duties. It was declared that any person found to be practising or entertaining intelligence with the enemy - or holding any manner of correspondence with them - would be subject to the highest penalties. These laws were designed to ensure that the military forces on the Island maintained a high standard of religious and professional discipline. Interpretations Serjeant Major: At this time - the rank referred to a high-ranking field officer - roughly equivalent to a modern Major - rather than the senior non-commissioned officer rank used today. Bored with a red hot Iron: An archaic and severe corporal punishment used to deter blasphemy - which was considered a capital threat to the moral order of a military garrison. Intelligence: This refers to the sharing of strategic information or secrets with foreign powers - such as the Dutch - which was a significant concern for the Company following the recent rebellions. Perhaps: The strict requirement for attending “divine service” suggests that the Company viewed religious uniformity and regular worship as a primary tool for maintaining social control and loyalty among the troops. Laws & ordinances of warre: These were the early foundations of martial law - intended to provide a clear legal structure for the punishment of soldiers without the delays of a civilian court. |
138 | 117 | No man shall relieve the Enemy with money victualls or ammunition Neither harbour nor receive any knowing such to be enemies [...] a Town Castle or fort w[ch] being in hand the utmost necessity the Demolish thereof shall be punished with Death 4 But if so it be that the fault or defect of the provision consist in the Governour or any of the officers then shall all the officers be punished with Death Common Souldiers who have bin actors or given their consent in mutiny and Rebellion shall cast lots for the hanging of the tenth man among them And whereas to know in what cases and circumstances a Governour and the Militia of the place may be excused for the surrendering a place Castle or fort it is hereby expressly declared that first they are to prove their extremity wherein no hope can be made of any sudden reliefe or of any succour for the subsistance of their lives Secondly it is demanded an oath in any person who shall be [...] Thirdly that nothing else could be expected but upon a short time the power Castle or fort with all the Garrison & army ammunition Magazines & Artillery in it must be of necessity fall into the hands of the Enemy upon proof of all which the Governour himself may be acquitted in a councell of war except it be faulty to the prejudice of the same defence Cowardice shall be punished with Death and Negligence and unskilfull shall be punished at discretion 7 Whosoever shall presume to violate a Safeguard shall die without mercy 8 Whosoever shall come from the Enemy without a Trumpett or Drum or for the customs of war or without a pass from his Excellency within the quarters of the Army or within a Garrison Towne shall be hanged up for a spie Of Duties towards Superiours & Commanders 1 Whosoever shall use any words tending to the death of his Lord Generall shall suffer death 2 No man shall presume to quarrell with his Superiour Officer Upon pain of Cashiering and Arbitrary punishment or to strike any of his Superiours upon pain of Death 3 No Officer shall depart from his charge without leave from his Superiour upon pain of Death | The military ordinances further detailed the penalties for treason and failure in command. It was strictly forbidden for any man to relieve the enemy with money - victuals - or ammunition. The punishment for harbouring known enemies or for the unauthorised demolition of a town - castle - or fort was death. If a fortification was lost through the fault or neglect of the Governor or his officers regarding provisions - all such officers were to be punished with death. A specific protocol was established for common soldiers involved in mutiny and rebellion. Those who had been actors or given their consent to such uprisings were to cast lots so that every tenth man among them could be hanged. The laws also defined the narrow circumstances under which a Governor or militia might be excused for surrendering a position. They were required to prove an absolute extremity where no hope of sudden relief or succour existed. It was demanded that an oath be taken by those involved - confirming that the fort and all its magazines - ammunition - and artillery would have inevitably fallen into enemy hands. Upon such proof - a Council of War might acquit the Governor - provided the defence was not otherwise faulty. Cowardice was punishable by death - while negligence or unskilfulness were to be punished at the discretion of the authorities. Further articles declared that anyone violating a safeguard would die without mercy. Any person entering the army quarters or a garrison town from the enemy without a trumpet - drum - or a pass from His Excellency was to be hanged as a spy. Regarding duties toward superiors - any man using words tending to the death of the Lord General was to suffer death. It was forbidden to quarrel with a superior officer on pain of cashiering and arbitrary punishment - while striking a superior was a capital offence. Finally - no officer was permitted to depart from his charge without leave from a superior upon pain of death. Interpretations Cast lots: An ancient military practice known as decimation - used to punish a large group of mutineers by executing a representative tenth of their number to restore discipline through terror. Safeguard: A formal protection or guarantee of safety given by a commander to individuals or places - the violation of which was considered a supreme breach of military honour. Lord General: A high military title referring to the supreme commander of the Company’s forces - whose life and authority were protected by the strictest capital laws. Trumpet or Drum: Traditional military signals used by messengers or negotiators to identify themselves when approaching an enemy position to avoid being mistaken for spies. Perhaps: The extreme severity of these laws - particularly the death penalty for cowardice or unapproved surrender - illustrates the Company’s desperation to hold St Helena against both internal rebels and external European rivals. Cashiering: The formal and dishonourable dismissal of an officer from service - which usually involved the loss of rank - pay - and social standing. |
139 | 118 | Every private man or Souldier Upon pain of severe Imprisonment shall keep Silence when the army is to take Lodging or when it is marching or Encamping so as that the officers may be heard and their commandements Executed 6 No man shall oppose resist or draw his sword or offer to draw or lift his weapon against any Officer correcting him orderly for his offences Upon pain of Death 7 No person shall combine or joyne together to make any mutinous petitions or assemblies to the disturbance of the State or in any wise to demand things in a mutiny of stubbornness Upon pain of Death 8 No man shall resist the Provost Marshall or any other officers in the Execution of his office or breaking prison upon pain of Death None shall utter any words of Sedition and reproach or mutiny Upon pain of Death 9 An heavy punishment shall be inflicted Upon them who after they have heard mutinous speeches do not reveal the same unto their commanders with them 10 Whosoever shall receive any injury and shall take his own satisfaction shall be punished with imprisonment or as it shall be thought by the Martiall court but so that the wronged shall be bound not to doe any violence to seek reparation by complaint to his Captaine or Colonel or the Superiour officer and it shall be given them in due manner Of Duties Morall 1 Drunkeness in an officer shall be punished with loss of place and in a common souldier proportionally as the court Martiall shall think fitt 2 Rape sodomy or unnaturall abuse shall be punished with Death 3 Adultery fornication and other dissolute lasciviousness shall be punished with Discretion according to the quality of the offences 4 Theft and Robbery Exceeding the value of 12d shall be punished with Death 5 No man shall speak [...] or reproachfull or mutinous word or act [...] | The military ordinances continued to emphasize the necessity of absolute silence and obedience within the ranks. Every soldier was commanded to remain quiet during the lodging - marching - or encamping of the army - ensuring that officers could be heard and their commands executed without delay. Any failure to maintain this silence was met with severe imprisonment. Resistance to authority was treated with the utmost gravity. It was a capital offence for any man to oppose - resist - or even offer to draw a weapon against an officer who was correcting him for an offence. Similarly - the act of resisting the Provost Marshall or any other officer in the execution of their duties - or the act of breaking out of prison - was punishable by death. The laws strictly forbade any form of collective political action or dissent. No person was permitted to combine with others to create mutinous petitions or assemblies that might disturb the state. Uttering any words of sedition or reproach was a death-eligible crime. Furthermore - an heavy punishment was reserved for those who - having heard mutinous speeches - failed to reveal them immediately to their commanders. Personal grievances were not to be settled through private violence; instead - soldiers were bound to seek reparation through a formal complaint to their Captain or Colonel - with any unauthorized self-satisfaction resulting in imprisonment by the Martial Court. The final section detailed moral duties and the regulation of personal conduct. Drunkenness in an officer resulted in the loss of his commission - while common soldiers were punished proportionally at the discretion of the court. Certain acts - including rape and sodomy - were punishable by death. Other forms of dissolute behavior - such as adultery and fornication - were punished according to the specific quality and nature of the offence. Finally - theft or robbery of any items exceeding the value of 12d was a capital crime - highlighting the Company’s zero-tolerance policy for the violation of property rights within the garrison. Interpretations Provost Marshall: The officer responsible for the military police and the maintenance of order within the army - charged with carrying out arrests and ensuring the execution of sentences. 12d: Twelve pence - or one shilling. The setting of such a low threshold for the death penalty in cases of theft indicates the extreme measures taken to prevent looting and ensure the security of stores on the Island. Correcting him orderly: This phrase refers to the legal right of an officer to administer physical or administrative punishment to a subordinate for minor infractions without fear of retaliation. Perhaps: The requirement for soldiers to report “mutinous speeches” essentially turned every member of the garrison into a potential informant for the Company - a tactic probably intended to break the trust required for another organized rebellion. Sodomy or unnaturall abuse: These terms reflect the legal and moral codes of the seventeenth century - where sexual deviance was classified alongside violent crimes as a threat to the discipline and “purity” of a Christian fighting force. |
140 | 119 | No man shall take or spoyle the goods of him that dyeth [...] in Service upon pain of restitution double or arbitrary punishm[en]t Murther Murther shall be Exp[res][s]ed with the death of the Murtherer Of Duty Touching his Armes All Souldiers coming to their Colours to watch or to be Exercised shall come fully and upon pain of severe correction 2 None shall presume to appear without their armes in fitt or under rest upon pain of Arbitrary correction 3 If a keeper shall loose his horse or Harquebus or footman any part of his armes or munition by negligence or cowardice or by gaming Dice or Cards he or they shall remain in guard or prison and remain there till they be furnished with as good at their own charge 4 No Souldier shall give to pawn or sell his armes or apparel Upon pain of severe punishment at discretion and where soever any armes shall be found lost or pawned they shall be brought again into the armory 5 If the trooper shall through his negligence or willfully consent to be rid of his horse he shall be kept by the house and remain in the camp for a pioneere 6 If one borrow armes of another to use upon service and shall the same be lost or spoyled he shall be punished and the lender shall forfeit his goods None shall presume to spoyle or carry away any ammunition or provisions from hence upon pain of death Of Duties of marching 1 None in their march through the country shall waste spoyle or destroy any victuall money or pawn from any whom shall leave upon any pretence whatsoever upon pain of death 2 No souldier shall presume upon any occasion whatsoever to take or carry out of the plough or to wrong the husbandman in their goods Cattle or goods upon pain of death 3 No Officer horse or foot shall presume in marching to straggle or depart from his colours to molest the country upon pain of death | The military ordinances concluded with strict rules regarding property - equipment - and conduct during a march. It was a capital offence for any person to murder - with the death of the murderer being the express penalty. The laws also protected the belongings of those who died in service - forbidding any man from spoiling or taking their goods on pain of double restitution or arbitrary punishment. Regarding the maintenance of arms - all soldiers were required to appear fully equipped when coming to their colours for watch or exercise. Any soldier who appeared without his arms in fit condition faced arbitrary correction. If a man lost his horse - harquebus - or any part of his arms through negligence - cowardice - or gambling - he was to be imprisoned until he could replace the items at his own expense. Pawned or sold arms were to be returned to the armoury - and the soldier responsible was subject to severe punishment. Troopers who wilfully or negligently lost their horses were reduced to the rank of a pioneer to perform manual labour in the camp. Furthermore - borrowing arms for service that were subsequently lost resulted in punishment for the borrower and the forfeiture of goods for the lender. The final section established a zero-tolerance policy for the mistreatment of the countryside and its inhabitants during military movements. Any soldier who wasted - spoiled - or destroyed victuals or money while marching through the country faced the penalty of death. It was strictly forbidden to wrong husbandmen by taking their cattle or goods - or by removing them from the plough. Officers and soldiers alike were prohibited from straggling or departing from their colours to molest the country - with any such desertion or harassment of the local population punishable by death. Interpretations Harquebus: An early type of portable long gun or matchlock firearm - which was a standard and expensive piece of equipment for seventeenth-century infantry. Pioneere: A soldier tasked with manual labour such as digging trenches - building fortifications - or clearing roads - often used as a demotion or punishment for those who failed in their duties as combatants. Husbandman: A free man who tilled the land - whose protection was vital for the Company to ensure that the agricultural output of the Island was not disrupted by a lawless soldiery. Perhaps: The prohibition against gambling with military equipment suggests that “gaming Dice or Cards” was a common enough vice among the garrison to threaten the overall readiness of the Company’s forces. Plough: The specific mention of not taking animals or men from the plough reflects the Company’s desperate need for agricultural productivity on St Helena - ensuring that military activity did not collapse the local food supply. |
141 | 120 | No soldier shall presume in marching or lodging to cut down any fruit trees or to spoyle any [...] without order upon pain of severe punishment Of Duties in camp or garrison 1 No man shall depart or absent himself out of the army or company without licence upon pain of Death 2 No man shall enter or depart of the Army or garrison but by order of the Generall upon pain aforesaid 3 No man shall presume to force the guard or resist the sentinell upon pain of Death 4 No man shall give a false alarm or discharge a peece in the night to raise any voyce without order but upon pain of Death 5 No man shall draw any weapon in a private quarrell when the camp or garrison upon pain of Death 6 He that shall make known the watch word without order giving any other word but that assigned by the officers shall be punished 7 No man shall do violence to any that bring any kind of food or victualls to or sell the same to the camp or garrison upon pain of Death 8 None shall presume to Drum or trumpet or any other sounding to the enemy without order upon pain of punishment at discretion 9 Intelligence passing from the enemy or bringing them or place before they be drawn of the Army 10 No man shall fail wilfully to come to the rendezvous upon the warning appointed from the Lord Generall upon pain of Death 11 No man serving or employed in the works shall remain or stay in the same without being ordered to some camp upon pain of punishment 12 No man shall depart from the army or garrison or from his colours without licence upon pain of Death 13 No officer shall use any insolent or profane speech under the hand of a magistrate or otherwise upon pain of losing his pay all the time he is absent 14 No man shall attempt or practise any mutiny or sedition but shall be punished at discretion and such as shall be found faulty in such crimes shall be punished accordingly | The military ordinances concluded with strict protocols for conduct within a camp or garrison - as well as protections for the local environment. It was strictly forbidden for any soldier to cut down fruit trees or spoil the land while marching or lodging without an express order - an offence punishable by severe correction. Within the garrison - the movement of personnel was tightly controlled. No man was permitted to absent himself or depart from his company without a licence - nor could anyone enter or leave the garrison except by the order of the General - both of which were capital offences. Forcing a guard or resisting a sentinel also carried the penalty of death. To prevent unnecessary panic - discharging a firearm or raising a false alarm in the night was forbidden on pain of death. The regulations also addressed internal and external communication. Drawing a weapon in a private quarrel within the camp was a death-eligible crime. Anyone who compromised the security of the garrison by revealing the watchword or giving an unauthorised word was subject to punishment. Conversely - the laws protected those bringing food or victuals to the camp - with any violence against such persons being punishable by death. Unauthorised communication with the enemy via drum - trumpet - or other signals was left to the discretion of the authorities for punishment. Final instructions mandated that all men must attend the rendezvous upon the warning of the Lord General on pain of death. No man employed in the public works was permitted to remain there without being ordered to a specific camp. Furthermore - any officer using insolent or profane speech towards a magistrate faced the loss of his pay for the duration of his absence. The ordinances closed by reiterating that any attempt to practice mutiny or sedition would be punished at the discretion of the martial court - with those found faulty being dealt with accordingly. Interpretations Fruit trees: These were vital assets on St Helena - particularly for the prevention of scurvy among visiting crews - and their protection reflects the Company’s long-term investment in the Island’s resources. Watchword: A secret sign or spoken word used to identify authorised personnel at night - the compromise of which was a supreme breach of garrison security. Rendezvous: The pre-arranged meeting point for the assembly of troops in the event of an alarm or for general inspection - essential for maintaining military readiness. Perhaps: The death penalty for “giving a false alarm” illustrates how on edge the Company officials were regarding the threat of another internal uprising or an external attack. Insolent or profane speech: The inclusion of this as a punishable offence suggests that the Company was attempting to uphold the dignity of the local civil magistracy against a potentially unruly military force. |
142 | 121 | Whoever shall desert his colours or quit his guard or be found absent from his company or troop without leave shall be punished as a runnaway No officer or souldier whatsoever shall go out of the quarters to Dinner or supper or to drinke or otherwise without taking the permission of his officer appointed upon pain of punishment 17 All officers whose charge it is shall see the quarters kept clean and sweet upon pain of severe punishment 18 None shall presume to sett their horses loose on any ground without order or to Endanger the husbandman or any upon himself notwithstanding 19 Whoever shall in his quarters beat or fight his Landlord or any of his family or shall behave himself uncivilly or disorderly by violence or force or shall be punished according to the nature of the offence & such company lodging Of Injunction No man shall stay behind or go away with the Army (Except he be commanded by his officer or directed) without the alarm or signal upon pain of Death 2 No man shall beat his fellow or flye upon him in armes upon pain of Death 3 No man through cowardice shall forsake or run away from his colours or stand still in action but shall be punished with Death 4 No man shall burn any house or barn or kill or hurt any person or take violently from any man any goods whatsoever nor shall he break into any house or carry away any goods upon pain of Death 5 None shall kill an Enemy who yields and throws down his armes nor shall have armour nor strip him of clothes in his hand upon pain of losing his prisoner 6 Whoever in the March shall fling away his arms or desert or leave behind any of the company the same person shall be punished with Death 7 No souldier shall discharge any piece or weapon till it be commanded by the Lord Generall or the superior officer by his authority upon pain of Death 8 No officer or souldier shall conceal a prisoner but shall without delay present him to the Generall or other authority upon pain of Death 9 No man upon any goods or victuall shall make pillaging but shall receive his portion given him upon pain of Death 10 | These articles of the military ordinances focused on the personal conduct of the garrison - the protection of civilians - and the strict laws of engagement. Any soldier who deserted his colours - quitted his guard - or was found absent from his company without leave was to be punished as a runaway. Officers and soldiers were strictly forbidden from leaving their quarters for meals or drink without the permission of an appointed officer. Furthermore - all officers were held responsible for ensuring their quarters were kept clean and sweet - with severe punishment for those who neglected the sanitary condition of the camp. The laws provided significant protections for the local inhabitants of St Helena. It was forbidden to set horses loose on any ground without an order - particularly where it might endanger a husbandman. Any soldier who beat or fought his landlord - or behaved uncivilly or with violence towards a landlord’s family - was to be punished according to the severity of the offence. During active service - the penalties became even more absolute. Staying behind or leaving the army without a signal was a capital crime. It was a death-eligible offence for any man to beat a fellow soldier or fly upon him in arms. Cowardice was met with the highest penalty; any man who forsook his colours or stood still in action was to be punished with death. The ordinances also prohibited the burning of houses or barns - the killing or hurting of any person - and the violent theft of goods or breaking into homes - all of which carried the death penalty. Rules for the treatment of the enemy and the management of spoils were also established. No man was permitted to kill an enemy who had yielded and thrown down his arms - nor were they to strip a prisoner of his clothes on pain of losing the prisoner. On the march - flinging away arms or deserting a comrade was punishable by death. Soldiers were forbidden from discharging any weapon until commanded by the Lord General or a superior officer. Finally - all prisoners were to be presented immediately to the authorities rather than concealed - and no man was permitted to engage in independent pillaging; all were required to wait for their official portion of any captured goods or victuals on pain of death. Interpretations Clean and sweet: A seventeenth-century term for maintaining hygiene and preventing the foul smells associated with disease - reflecting a basic understanding that a lack of cleanliness could decimate a garrison through sickness. Runnaway: A deserter. In a remote location like St Helena - being branded a runaway usually meant being hunted down across the interior of the Island or face execution upon capture. Pillaging: The unauthorised seizing of goods during or after a conflict. The Company insisted on controlling all “spoils of war” to ensure that the directors received their share and that the troops remained disciplined. Perhaps: The protection of “Landlords” suggests that many soldiers were billeted in the private homes of planters - a practice that probably led to significant tension between the civilian population and the military. Losing his prisoner: In this era - prisoners of war could sometimes be ransomed or used for labour. Losing a prisoner was a financial and strategic penalty for the soldier who acted with unnecessary cruelty. Lord Generall: The ultimate military authority on the Island - whose commands over the firing of weapons and the movement of troops were absolute under these laws. |
143 | 122 | Of the Duties of Commanders and officers in particular 1 All Commanders are strictly charged to be alwaies [...] for [...] and to observe all orders given duly 2 No officer or souldier of any Regiment whatsoever to make any mutiny or faction or action given or from [...] the Lord Generall or any of them or shall be charged with the government of the said Generall or the Governour or the other Authorities as Marshall Courts where required 3 Any officer that dare presume to defend the souldiers of their pay in any [...] it shall be punished 4 No person whatsoever that shall command the watch shall willingly suffer any souldier to go forth to a Duell or private fight upon pain of Death 5 What officer soever shall command a Regiment or shall quarrell in the quarters or commit any disorder shall be punished by the Lord Generall or by the Marshall Courts or by his officers as he shall think fit and it shall be left to his discretion 6 A souldier that shall be careless in the training and governing of his Company shall be punished for his negligence 7 No officer that shall stay from his post shall be punished at the Lord Generalls discretion 8 All officers of what condition soever shall have power to punish any souldier or any disorder according to the orders given and shall observe the same to the strictest discipline 9 He that is chosen or appointed to the charge of any office whatsoever shall be careful in execution thereof and shall not absent himself from the same upon pain of punishment | The military ordinances established a specific hierarchy of responsibility for those in command. All commanders were strictly charged to remain prepared and to ensure that all issued orders were duly observed. To prevent a recurrence of internal strife - no officer or soldier was permitted to engage in mutiny or form factions against the Lord General - the Governor - or any other appointed authority. Such actions were referred to the Marshall Courts for judgment. Protecting the welfare of the rank and file was also a priority. Any officer who dared to withhold or “defend” the soldiers from their rightful pay was to be punished. Furthermore - those commanding the watch were held personally responsible for the conduct of their men; any officer who willingly allowed a soldier to leave for a duel or private fight faced the penalty of death. The Lord General and the Marshall Courts maintained broad discretionary powers to punish disorders within the quarters. Any officer commanding a regiment who committed a disorder or engaged in a quarrel was subject to such discipline as the General thought fit. Similarly - negligence in the training and governing of a company was a punishable offence. Officers were strictly forbidden from staying away from their assigned posts - with the penalty for such absence left to the discretion of the Lord General. Perhaps: All officers - regardless of their specific rank - were empowered to punish any soldier for disorder in accordance with the established rules - provided they maintained the strictest discipline. Anyone appointed to a specific office or charge was required to be diligent in its execution and was forbidden from absenting himself from his duties upon pain of punishment. Interpretations Lord General: The supreme military commander whose authority over the garrison and the execution of martial law was absolute. Pay: The withholding of wages was a frequent cause of mutiny in seventeenth-century colonial garrisons - and these rules suggest the Company was keen to remove such grievances to ensure loyalty. Duel or private fight: Although duelling was a common practice among the officer class - the Company strictly prohibited it on St Helena to prevent the loss of skilled men and to maintain internal stability. Perhaps: The emphasis on officers being “careless in the training” suggests that the Company was concerned about the professional standards of the local militia and was determined to raise their combat readiness. Marshall Courts: These were the formal military tribunals responsible for interpreting these ordinances and delivering sentences - ensuring that justice was dispensed quickly without the need for civilian oversight. |
144 | 123 | As for the Army in time to a Generall Rendezvous no officer shall absent himself nor souldier inrolled without speciall leave of the Lord Generall nor from a Regiment without leave of the officer 11 No Captain or officer of a troope or Company shall suffer in musters such as are absent but shall cause the same to be duly noted and if any be found false musters or have pay for more men than he hath he shall suffer punishment according to the offence 12 No provost keeper or officer of Victualls or munition Timber or any other of the Kings goods shall imbezell or imbezell any part thereof or give or sell the same without order of the Generall or Superiour upon pain of Death The Duty of Muster Masters 1 No muster master shall muster willingly or suffer any person to be mustered as are not really of the troop or Company or present at the muster upon pain of Death 2 Lieutenants shall cause their troops to be full and complete and shall see that the souldiers be furnished according to the establishment and that no officer or souldier do absent himself at the time of the muster and that the rolls be truly taken and returned and that the names of all the souldiers be distinctly set down with their monthly pay 3 The Muster Master shall present to the Lord Generall and to the officers of the Army upon every pay day true lists of the troops and Companies and shall take care that the muster rolls be truly made and that no false names be inserted and that every souldier receive his due pay according to his service 4 Which souldiers shall be delivered unto any Captain or officer shall be inrolled but also be duly accounted for and the officers shall not detain any souldier that doth belong to another troop or Company but shall deliver him upon demand and that no souldier be detained in any Company longer than his time of service without order of the Generall 5 No Muster Master shall presume to receive any person into pay but such as are duly listed and approved according to order | The military ordinances established strict protocols for the assembly and accounting of the garrison. During a general rendezvous - no officer or enrolled soldier was permitted to absent himself without special leave from the Lord General or a superior officer. Captains and other officers were strictly forbidden from allowing absent men to be included in musters. Any officer found to have provided false muster rolls or to have received pay for more men than were actually in his service was subject to punishment according to the severity of the offence. Financial and material integrity was a primary concern. No provost keeper - officer of victuals - or individual in charge of ammunition or timber was permitted to embezzle any of the King’s goods. Giving or selling such items without an express order from the General was a capital crime punishable by death. Detailed duties were also outlined for Muster Masters to ensure the transparency of the military payroll. It was a death-eligible offence for a Muster Master to willingly muster any person who was not truly a member of the troop or present at the assembly. Lieutenants were required to ensure their troops were complete and fully furnished according to the establishment - ensuring no one was absent during the muster and that names and monthly pay were distinctly recorded. The Muster Master was further required to present true lists of the troops to the Lord General on every payday. This included ensuring that no false names were inserted and that every soldier received his due pay according to his service. Furthermore - officers were prohibited from detaining soldiers belonging to other companies or keeping men beyond their agreed time of service without an order from the General. No person could be received into the Company’s pay unless they had been duly listed and approved according to these standing orders. Interpretations General Rendezvous: A pre-planned assembly of the entire military force - used to verify readiness and ensure that all personnel were accounted for in one location. False musters: The fraudulent practice of listing non-existent or “paper” soldiers on a payroll to allow officers to pocket the extra wages - a common form of corruption in seventeenth-century armies. Embezzell: The theft or misappropriation of funds or property placed in one’s trust - which the Company viewed as a direct threat to the survival of the isolated St Helena colony. Perhaps: The death penalty for Muster Masters who allowed “false musters” suggests that the Company was as concerned with internal financial corruption as it was with armed rebellion. Monthly pay: The requirement for distinctly setting down pay reflects the transition toward a more professional and bureaucratically managed military force on the Island. |
145 | 124 | No man shall presume to spend himself to Ram[... ] or steal anything from his fellow Souldier or take prize or plunder on pain of Death Of Victuallers 1 No victualler shall presume to entice or draw unto any of the Army Souldiers any victualls upon pain of imprisonment and further arbitrary punishment 2 No souldier or other person shall be a victualler without the consent of the Lord Generall or Governour or other authority upon pain of punishment at discretion 3 No victualler shall take more upon any provisions than is set in books nor sell after the market price at weight or measure nor use the falsifying of measure in the market or on the watch upon pain 4 No victualler shall forestall any victualls nor sell the same before they be appraised by the Marshall Generall upon severe punishment Of Administration of Justice 1 All controversies between Souldiers their bills and all others shall be summarily heard and determined by the Councell of war except the ordering of the proceedings of Justice 2 All Souldiers whatsoever that shall offend or any offence within the limits or precincts of the Army shall either upon command of the Marshall or otherwise be apprehended and brought before the Marshall to receive punishment according to the offence 3 Every prisoner is committed to the charge of the Marshall Generall by information of the crime which he stands committed for it is to be given into the Judge of the Army within two days after the commitment or else to be set at liberty the prisoner to be [...] except goods or money of honour otherwise he or his formation shall be ready within that time 4 The goods of such as dye in the Army or garrison or be slayne in service they make any will or not otherwise shall be disposed according to their will after service proved in Court and if no will be made then shall they go to their wives or next of kin unless otherwise ordered by the Generall | The military ordinances established strict controls over the conduct of soldiers and the regulation of those providing essential supplies. It was a capital offence for any man to steal from a fellow soldier or to take unauthorised prize or plunder - a measure intended to maintain internal order and prevent the breakdown of discipline. Specific laws governed the conduct of victuallers - those responsible for providing food and drink to the garrison. No victualler was permitted to entice soldiers into debt or unauthorised consumption. Furthermore - no person was allowed to act as a victualler without the express consent of the Lord General or Governor. To prevent the exploitation of the troops - victuallers were forbidden from charging more than the prices set in official books or selling above market rates. The use of false weights or measures was strictly prohibited - as was the “forestalling” of victuals - which involved buying up goods before they reached the open market to artificially inflate prices. All provisions were required to be appraised by the Marshall General before they could be sold. The final section detailed the administration of military justice. All controversies and legal disputes between soldiers were to be heard and determined summarily by the Council of War. Any soldier committing an offence within the precincts of the army was to be apprehended and brought before the Marshall for punishment. A system of due process was established - requiring that information regarding a prisoner’s crime be provided to the Judge of the Army within two days of their commitment; failure to do so would result in the prisoner being set at liberty. Provisions were also made for the estates of those who died in service. The goods of any soldier who died or was slain were to be disposed of according to their written will - once proven in court. In cases where no will existed - the property was to pass to the soldier’s wife or next of kin - unless the General issued a specific order to the contrary. Interpretations Victualler: A civilian or soldier authorised to sell food - drink - and other basic necessities to the military - a role that was tightly regulated to prevent profiteering and drunkenness. Forestall: The illegal practice of intercepting goods on their way to market to buy them at a lower price and resell them at a higher one - which threatened the stability of the local food supply. Marshall Generall: The senior officer responsible for the maintenance of order - the oversight of military markets - and the custody of prisoners awaiting trial. Perhaps: The two-day limit for presenting charges against a prisoner suggests that the Company was eager to balance its absolute authority with a functional - if swift - system of justice to avoid accusations of arbitrary tyranny. Summary determination: A legal process where a case is decided immediately without a full and lengthy trial - allowing the Council of War to resolve disputes and issue punishments quickly to maintain garrison discipline. |
146 | 125 | No magistrate of Town or County shall without commission or warrant from the Generall [...] In matters of Debt or trespass or other inferior controversies [...] shall acquaint the Captain or other chiefe officer therewith who is to send the prisoner with the cause of the complaint to the Marshall Generall who is to judge the same by the orders of war and if the offender shall be found guilty he shall be punished according to the quality of the offence and not only the souldier but the officer punished for his neglect in the case aforesaid 7 No man shall presume in time of any mutiny or sedition whilst the Court of Justice is sitting to speak or oppose upon pain of Death 8 No inhabitants of any town or country shall presume to receive any souldier into his house or conceal him or give him any harbour or entertainment but shall apprehend all such and deliver them to the Provost Marshall 9 All Captains and souldiers shall be obedient and conformable to all orders and directions given them and shall have a speciall care to the avoiding of quarrells and disorders and shall be subject to the Marshall Courts and such punishments as shall be inflicted 10 No man shall presume to rescue or attempt to rescue any prisoner committed to the Marshall or to any officer nor to hinder the execution of justice upon pain to be punished with death 11 All other causes civil or criminal not otherwise determined in these articles shall be referred to the judgement of the Generall or Councell of war and shall be proceeded in according to the law of armes and the customes of war and the offenders punished according to the nature of the offence [...] A true copy of the Articles by the [...] examined | The final articles of the military ordinances regulated the interaction between the armed forces and the local civil administration. No magistrate of a town or county was permitted to act against the military without a specific commission or warrant from the General. In cases of debt - trespass - or other inferior controversies - the local authorities were required to acquaint the relevant Captain or chief officer with the matter. The officer was then obligated to send the soldier - along with the specific cause of complaint - to the Marshall General. If the soldier was found guilty - he was punished according to the quality of his offence - and notably - any officer who had neglected his duty in such a case was also subject to punishment. To maintain the absolute authority of the judicial process - it was a capital crime for any man to speak out or oppose the Court of Justice while it was in session during times of mutiny or sedition. The civilian population was also strictly regulated; no inhabitant of any town or country was permitted to receive - conceal - or harbour a soldier in his house. Instead - they were commanded to apprehend any such individual and deliver them to the Provost Marshall. All Captains and soldiers were required to be obedient and conformable to every order given to them - with a special emphasis placed on avoiding quarrels and disorders. Any attempt to rescue a prisoner from the custody of the Marshall or any other officer - or to hinder the execution of justice - was punishable by death. For any civil or criminal matters not explicitly covered by these articles - the judgment was referred to the General or the Council of War. Such cases were to be decided according to the established laws of arms and the customs of war - with punishments tailored to the nature of the offence. The document concludes with a formal certification that it is a true copy of the articles as examined by the authorities. Interpretations Marshall General: The high - ranking official responsible for overseeing the military’s legal system and ensuring that both soldiers and officers adhered to the articles of war. Law of armes: A body of customary international and military law that governed the conduct of soldiers and the administration of justice in garrisoned territories. Customes of war: The unwritten but widely accepted practices of seventeenth - century military life that provided a framework for solving disputes not covered by specific written ordinances. Perhaps: The requirement for civilians to hand over soldiers to the Provost Marshall suggests that the Company was determined to prevent any unsanctioned alliances between the planting population and the military garrison. Court of Justice: The formal sitting of the military tribunal - which required absolute silence and respect to project the power and stability of the Company’s government. |
147 | 126 | Our Governour & Councell of St Helena London 3d August 1687 Gentlemen we have of late some informations that it would be Advise to account of the Generall safety that we shall apply to every [...] therefore we order in most particular manner to carry the dispatch of Company [...] of the [...] Company & improve all the inhabitants for this Island and to give all countenance & maintenance of the Protestant ministers and especially such as are [...] 2 Concerning God is a matter of so high concern to us and therefore we do hereby require you to cause all disorder and prophaness to be reformed in the Island of this settlement and from time to time to take care that the said prayers and [...] be duly performed according to the established here in the Church of England 3 Mr Nicho[... ] for present we have only spent his own time and our money and the expence to himself and Company little profit or any advantage to be received from him [...] for him to be no more to be employed for the King [...] to resign his place where he may dispose his talents and abilities to some better purpose if he think fitt 4 We must not hereafter dispense with any disorder suffered or maintained to the dishonour of God but make it your business to endeavour to reform the same by punishing them by all such ways that are used by his Majesties subjects elsewhere and that all manner of profaneness drunkenness and disorders be well looked after and executed and that those persons that are guilty thereof be punished and when any such person shall be discovered in the Island do their service in India 5 We approve of what you have done in sending and would have you proceed to send to England such persons as may be spared from our Company [...] 6 To be all duties and accounts and all engagements of debt committed by any of the inhabitants of the Island and therefore for the future we strictly order and require that no letters or advice be sent from the Company without our consent and that the [...] and all other goods and provisions be carefully looked after and disposed according to order and that the accounts be duly kept and that no fraud or abuse be committed and that all persons concerned be accountable for the same [...] | The directors wrote to the Governor and Council of St Helena on 3 August 1687 with instructions aimed at the general safety and moral reform of the Island. They emphasized the need to improve the conduct of all inhabitants and specifically ordered the maintenance and support of Protestant ministers who adhered to the established Church of England. Addressing matters of high concern - the Company required a total reformation of “disorder and prophaness” on the settlement. They commanded that prayers and religious services be performed according to English ecclesiastical standards. Regarding personnel - a Mr Nicholas was to be dismissed from service - as the directors noted his employment had resulted in significant expense with little profit or advantage to the Company. He was encouraged to resign his place and dispose of his talents elsewhere. The directors stated they would no longer dispense with any disorders that brought dishonour to God. They instructed the local government to punish profaneness - drunkenness - and other disorders using the same methods employed by His Majesty’s subjects in other territories. Those found guilty of such conduct - once discovered on the Island - were potentially to be sent to perform their service in India. Finally - the Company issued strict orders regarding financial accountability. They required that all debts and engagements committed by the inhabitants be accounted for. For the future - no letters of advice were to be sent from the Company without formal consent. All goods and provisions were to be carefully managed and disposed of according to order - with the expectation that accounts would be duly kept to prevent fraud or abuse. Interpretations Protestant ministers: The Company’s insistence on supporting specific clergy reflects the religious tensions of the era - ensuring that the Island remained aligned with the established Church of England rather than dissenting or Catholic factions. India: The threat of being sent to serve in India was a severe disciplinary measure - effectively transferring “disorderly” individuals from the relatively stable environment of St Helena to more dangerous or demanding Company outposts. Reformed: This term highlights the directors’ belief that moral discipline and religious conformity were essential foundations for a secure and profitable colony. Perhaps: The dismissal of Mr Nicholas for being a “little profit” indicates that the Company’s patience for underperforming officials was thin - probably due to the high costs of maintaining the remote settlement. Fraud or abuse: The recurring mention of financial oversight suggests that the directors remained suspicious of local officials - probably fearing that the distance from London allowed for the embezzlement of Company goods and provisions. |
148 | 127 | 7 All men at arrival wear the Kings badge and serve due respect to be paid to it by all ships that come that belong to the Company 8 Our governours expence of powder we think is too much by halfe Notwithstanding the apology in his letter of the 5th of May 1686 [...] there have been excess in charging the Companys money and to other uses which the present generall rules may well give them experience of seafaring to manage ships may sometimes be necessary in point of reputation but to our own ships more than what we formerly allowed of foolish prodigality and for borne in those abuses even to his own men of war without any orders he has done much (which is infinitely more to be preferred then such but left to the commanders of it) 9 Our governour is very much to blame in not doing his duty in signing or giving account of money into and out of the Island and that of the account give of the same Island we require you to send the monthly accounts and receipts thereof and the condition of the Companys stock and to give thereof a full and clear account of the Island and of all moneys taken or spent in the Island and to answer to all matters of this kind in a full and clear and explicit and certain way which the management and execution of your trust requires and the report and information of all matters and occurrences that have happened or shall happen there and that no more such practices be used in future 10 We require for the future that all goods of any kind whatsoever belonging to the King or our Company shall be accounted for and delivered to a good and safe storehouse and that a strict account be kept of all stores and provisions whatsoever and that no waste or spoil be made thereof and that the same be carefully preserved and that all persons concerned therein be accountable for the same 11 We have made the standing orders generally for the use and government of our Company which you are to observe and execute accordingly and upon hopes you have by you and will strictly conform thereto without making a breach thereof | The directors issued a firm reprimand regarding the management of the island’s resources and the conduct of the Governor. They mandated that at the arrival of ships - all men must wear the King’s badge - and that due respect be paid to this emblem by every vessel belonging to the Company. A significant portion of the dispatch focused on financial waste and lack of oversight. The directors noted that the Governor’s expenditure of gunpowder was excessive by half - dismissing his previous apologies as insufficient. They criticized the practice of charging Company funds for “foolish prodigality” and unauthorized maritime expenses - stating that such abuses had even extended to his own men of war without proper orders. The Governor was explicitly blamed for failing to sign or provide a clear account of money flowing into and out of the island. To rectify these failings - the Company required the submission of monthly accounts and receipts - a detailed report on the condition of the Company’s stock - and a certain and explicit explanation of all expenditures. They emphasized that the execution of the Governor’s trust required full transparency regarding all occurrences on the island to ensure such negligent practices did not continue. Furthermore - the directors ordered that all goods belonging to the King or the Company be delivered to a safe storehouse. A strict accounting was to be kept for all provisions to prevent waste or spoil. The letter concluded by reminding the Council of the “standing orders” established for the government of the Company - with the expectation that they would strictly conform to these rules without further breach. Interpretations The Kings badge: A symbol of royal authority worn by officials or soldiers to signify that the Company acted under the direct mandate and protection of the English Crown. Expence of powder: Gunpowder was a costly and vital commodity for defense; its “excessive” use for non-combat purposes - such as ceremonial salutes - was viewed by the directors as a waste of capital. Companys stock: This refers to the collective assets on the island - including livestock - grain - tools - and trade goods - which formed the basis of the settlement’s economic value. Perhaps: The repeated demand for “monthly accounts” suggests that the directors in London felt a profound loss of control over their remote governors and were attempting to rule through strict bureaucracy. Standing orders: The permanent set of rules and constitutional laws governing the Company’s overseas territories - intended to provide a stable legal framework that superseded the whims of individual governors. |
149 | 128 | We did very well in the assistance you gave to St Helena and affairs for which you sent that ship our thanks were given 14 We cannot approve what you have done in discouraging or discountenancing what encouragement should be given to settle that Island of St Helena for the maintenance of our Nation family with his Majesties subjects and the Companys service and therefore we require you to encourage all persons that shall be willing to go thither to inhabit and to settle themselves there and to live under the protection of the Company and that they may have all encouragement fitting for them to live there and to improve the same with all friendliness and humanity 15 We confirm all our orders to you for the maintaining Religion and good government and require you to see them duly observed and put in execution and that there be no neglect therein but that all persons be duly punished according to their demerits and that no disorder be suffered but that all persons live in obedience to the laws and orders established and that the Ministers do duly perform their duties and that the people do duly frequent the Church and observe the same 16 We have no more yet of the former letters from you nor to send unto you more at present but to desire you to take care of what we have now sent and to follow the same and to be careful that no disorder be suffered nor any abuses committed but that all things be done in good order and according to the directions given you and that we may receive a good account thereof 17 We would have Capt Holding to be removed for his negligence and the abuses and irregularities that have happened in his government and that another person be put in his place who may be more careful and that if he have any objections against him he may have liberty to answer the same 18 If any stranger shall resort to the Island of St Helena which you have justly reason to suspect you are to give them no encouragement but rather to discourage them and to use them with caution and not to suffer them to settle there or to make any residence 19 If any servant or other person belonging to the Company shall desert their service or go from the Island without leave you shall cause them to be apprehended and punished according to their offence and if they be found guilty to suffer such punishment as shall be inflicted by the laws and orders established and that no person be suffered to harbour or conceal any such deserters upon pain of punishment and that all persons be careful to give notice of such offenders to the officers appointed for that purpose | The directors acknowledged the successful assistance provided to St Helena - expressing their gratitude for the ship dispatched to aid in the island’s affairs. However - they voiced a stern disapproval of any actions that discouraged the settlement of the island. They required that all persons willing to inhabit St Helena be encouraged to settle under the Company’s protection - insisting that they be treated with friendliness and humanity to ensure the growth of the colony. The Company reaffirmed its orders regarding the maintenance of religion and good government. They demanded that these be duly observed and that all disorders be punished according to their demerits. Specifically - they required that ministers perform their duties and that the people frequently attend church to observe established religious practices. The directors noted that they had no further instructions for the moment but urged the Council to be vigilant in preventing any future abuses or irregularities. Regarding leadership - the directors ordered the removal of Captain Holding due to his negligence and the various disorders that occurred during his government. A more careful successor was to be appointed - though Holding was granted the liberty to answer any objections made against him. Finally - strict protocols were established for dealing with outsiders and deserters. Any strangers appearing on the island who were viewed with suspicion were to be discouraged from staying and treated with caution. Furthermore - any Company servant or person who deserted their service or attempted to leave the island without permission was to be apprehended and punished. The directors forbade anyone from harbouring or concealing such deserters - requiring all inhabitants to notify the appointed officers of any such offenders. Interpretations Friendliness and humanity: This phrase suggests that the directors - while strict - understood that the long-term survival of the island depended on a stable and willing civilian population rather than a purely oppressed one. Ministers: The repetition of religious duties indicates that the Company viewed the church as a necessary instrument of social control and a means to ensure the loyalty of the inhabitants. Negligence: The grounds for Captain Holding’s removal - reflecting the directors’ intolerance for governors who failed to maintain the strict standards of accounting and order demanded by the London office. Perhaps: The instruction to discourage “strangers” highlights the Company’s fear of foreign espionage - particularly from the Dutch or French - who might seek to use St Helena as a strategic base in the South Atlantic. Runaway servants: The strict laws against desertion and those who harboured deserters were intended to protect the Company’s investment in labour - which was often difficult and expensive to transport to the island. |
150 | 129 | We cannot write them to the Companys [...] nor any further neglect having them [...] with the Company we do require you to carry all fair and safe way you can with some of the ships as shall come and where you find of any Officer appointed by the Governour to make sale of them give a full account of the delivery to the said [...] and return the remainder of the parts to the Company for a supply and giving the remaining money to the proprietors 20 We have in all future [...] hereby strictly oblige our commanders to send all goods without their [...] sold at St Helena home market on a Companys account 21 The Dutch at the Cape (as you may understand from the ships that have been there) have now a way for selling one another all provisions and goods and therefore we do require you for the future to sell no goods nor to receive any from them without giving the Company timely notice whereof which you will think fitt which there is trade at the said place to the said Corporation without paying the Dutch Company 10 per cent 22 Our orders directed to you of the 26th of June 1686 in order enough that it had been unnecessary for us to have expressed it in relation to the disposal 23 Upon perusal of your Councill book beginning from Sept 1686 we approve of your proceedings in trying the black sail women [...] for the matter of the thefts and murders we think it is well be guilty of suspicion and you did well to send them to the law for justice which we do more commend as you have [...] upon record of your Councill and what [...] we now send that you know the usage of the [...] that he shall be kept from these through all [...] did not we would not think their blacks would [...] those blacks they whipped but none of you are minded to have this care for their masters sake (which we have not observed) you would rather have whipped them for things by themselves though the interest be had something formerly 24 Your banishing of Thomas [...] in Colesfield hath been of very great [...] and we are satisfied that he hath deserved punishment and shall be guilty of offence again and therefore we do [...] that he be removed and that care be taken that he do not return again to the Island without our order and that he be kept from any further offence and that he be strictly looked after and that he do not give any trouble to the inhabitants or to the Company and that he be kept in such manner as shall be thought fit for the safety of the Island | The directors issued specific instructions regarding the commercial and legal management of the island - particularly concerning the disposal of goods and the conduct of trade. They required that all sales of Company property be handled by appointed officers - with a full account of the delivery returned to the Company. Any remaining parts were to be held as a supply - with the resulting money distributed to the rightful proprietors. Furthermore - commanders were strictly obliged to ensure that goods intended for the home market were not sold at St Helena but were returned on the Company’s account. International trade relations were also addressed - specifically concerning the Dutch at the Cape. The directors noted that the Dutch had established a system for selling provisions and goods among themselves. Consequently - they required that no goods be sold to or received from the Dutch without timely notice to the Company. They emphasized that any trade with the Dutch Corporation would probably incur a 10% tax - which they wished to avoid. The directors reviewed the Council books from September 1686 and expressed their approval of the legal proceedings against certain individuals - including the trial of black sail women for matters of theft and murder. They commended the Council for sending those under suspicion to face the law for justice and for keeping a formal record of these actions. However - they noted a concern regarding the treatment of black servants - observing that while some had been whipped - there appeared to be a lack of care for the interests of their masters. The Company confirmed the banishment of Thomas [...] of Colesfield. They were satisfied that his punishment was deserved and ordered that he be removed from the Island permanently. Care was to be taken to ensure he did not return without a direct order - as his presence was deemed a threat to the safety of the inhabitants and the Company’s interests. Interpretations Proprietors: The legal owners or shareholders of the goods - to whom the profits of any local sales on St Helena were technically owed after the Company had taken its share. 10%: A specific customs duty or tax imposed by the Dutch East India Company (VOC) on foreign traders at the Cape of Good Hope - which the English Company sought to bypass to protect its margins. Black sail women: Perhaps a reference to female slaves or servants associated with the shipping industry or specific households - whose legal status and conduct were strictly monitored by the Council. Thomas [...] in Colesfield: A named individual whose banishment suggests he was a persistent source of local disorder - possibly a remnant of the earlier rebellions or a habitual offender against Company law. Perhaps: The mention of whipping “blacks” for their own offences rather than for the sake of their masters’ interests indicates that the Company viewed corporal punishment as a tool for general social discipline rather than just private property management. |
151 | 130 | On perusall of your Consultation book beginning the July 1686 we observe your Order one Officer not allowing more than four pounds to the Country of [...] one of it which the [...] made in Charity we cannot you have taken any advantage [...] when it is no way service to your [...] you do not consider that such an Order for retention and this you have to [...] it to us nor the least Reason [...] from you have Alimented to him commonly in [...] we do judge that the said Order was not warrantable and Order you [...] him forthwith and rectify it accordingly 26 We find that [...] you have made seeming satisfaction to be [...] by those persons the persons of trust to redress their monies whose [...] shall be Executed for [...] crimes in a good Cause and publick benefit hereby promising a [...] Crimes in St Helena but you know it beyond it last when you gave him power of his Title of the former Order to [...] and said which we never gave Authority to dispose of our Realty 27 The information of things by Fletcher We in our own names and therefore [...] full satisfaction [...] you ought upon Conviction to impose a fine to the Company in the like Case you should have done upon the fashion of the Barbadoes they themselves use and the Act of their [...] which you found [...] by placing execution to the purpose 28 The want that our Governour gave us of your Letters in a satisfactory Method as also a careful account of our revenues but on the account of the expenses of our Forts and Island we would have an Account and our then money expended at the fort brought to the least in charging provisions [...] 29 We will account no whatsoever for the future to any person working at the Fort now in the present the manner of our Stores shall not be in any mans hands but accounted by weight upon the account of every Article and be sure [...] [...] in the Fort let no more of the same be used than necessary and whatsoever comes to be used of such goods as are issued to the soldiers [...] [...] and the same shall be delivered to the Officers in charge of the same [...] and that no person whatsoever shall be permitted to make any use [...] and the like Rules shall be observed for all other provisions and goods 30 In the account of last [...] and Mr [...] provisions from our Island and services used at the Mr [...] which is for our Service and [...] all the like charges you must account for them according to the [...] but that we do not find sufficient to our general account and the same Entries we take and our time when we shall have more information general [...] 31 At present we can [...] as we intend hereafter his Rigour none of you shall neglect your duties but we shall take care that you [...] and in the mean time [...] to any [...] Digression to arrive and [... ] given [...] persons [...] | The directors expressed their dissatisfaction with several administrative and financial decisions recorded in the Council consultation books. They challenged a specific order that restricted an officer from allowing more than four pounds to the country - a measure they judged to be unwarranted. They commanded that this order be rectified immediately - as it appeared to offer no service to the Company and lacked any clear justification. Regarding matters of legal and financial trust - the directors noted a “seeming satisfaction” in the redress of monies by those in positions of authority. They reiterated that crimes should be punished for the public benefit and cautioned against the unauthorized disposal of the Company’s “Realty” or property. They also referenced information provided by an individual named Fletcher - suggesting that in cases of conviction - the Council should impose fines for the Company’s benefit - similar to the legal fashions and acts used in the Barbadoes. A significant portion of the dispatch focused on the Governor’s failure to provide a satisfactory account of revenues and the mounting expenses of the forts and island. The directors demanded that expenditures at the fort be reduced - particularly regarding the charging of provisions. For the future - they ordered that no person working at the fort should have unaccounted access to the stores. All items were to be tracked by weight and recorded by article - with strict instructions that no more be used than was strictly necessary. Goods issued to soldiers were to be delivered directly to the officers in charge - and no person was to be permitted to make unauthorized use of any provisions or Company goods. The directors also scrutinized the accounting of provisions used by specific individuals for Company service. They found the existing entries insufficient for a general account and stated their intention to wait for further information before taking a final position. The letter concluded with a warning against the neglect of duties. While the directors indicated they might apply more rigour in the future - they expected the Council to avoid any further “digression” and to ensure that all persons remained diligent in their service to the Corporation. Interpretations Alimented: A term referring to the provision of maintenance - food - or support - suggesting the directors were reviewing how certain individuals were being supported at the Company’s expense. Realty: A legal term for real estate or fixed property - indicating that the directors were protective of the Company’s land and buildings on St Helena against unauthorized sale or transfer. Barbadoes: The reference to the legal practices of the Caribbean colony suggests the directors looked to other established English plantations as models for fine-based justice and administrative order. Fletcher: An informant whose communications to the directors in London provided a separate perspective on the actions of the local government - potentially highlighting corruption or mismanagement. Perhaps: The insistence on accounting for stores “by weight” was probably a direct response to suspected theft or “skimming” by those tasked with distributing food and supplies to the garrison. Rigour: A clear signal that the directors intended to tighten their oversight - suggesting that the period of relative leniency for the Island’s administration was coming to an end. |
152 | 131 | It is now high time for us to come to a resolution with them and the Orders of the rebels that were executed the remaining of the [...] of their goods in that execution thereof we premise you have so much respect unto them they should not have received you that you did put their Estates entirely out of the way for as we may not remain the danger that Excellent Addage too much pity spoils a City that is a Governour and therefore we do hereby give unto you orders and commands that executed rebels all their personal Estates belonging to their Rebellion and further but for as much as you have too many for the disorder already upon that Island to maintain any such Government we do strictly you to commit hand and office immediately for that all the goods and moneys belonging to the executed persons requiring you to sell such part of the same and to put down and what will give most for them for our goods and that the several confiscation at the Generality on the wills shall be Enrolled into the Register of the Company fairly Registered and forfeited to the Company and their successors and the rents therefrom time to time thought fit to the common good and we hope that such means to these plantations may now well afford to pay the Company all dues and arrears for the Colony in St Helena and [...] [...] and Military in the said Colony and the Dutch paid [...] by use of the blankets 33 Concerning the two men condemned and which we are present the Sentence and [...] Commission their Deaths would be some their wives and their Children will be wholly depending upon you and therefore that is become the first we now shall determine that and support your hands to proceed from thence to such a regular and legal manner as may deliver that punishment you have intended and their wives children shall not be left destitute of which we shall take care to make such provision as shall be necessary for their subsistence and accordingly we have thought fit that they shall ship with the Majesty’s Fleet send to England from persons for their [...] where we promise also to make some provision to them and for their children and we do not think it reasonable to transport them to foreign places or to those Islands and therefore we require you to [...] persons and youths that have the way of living upon their safe arrival there and we have nothing to object against those who are willing to be disposed for the service of the Company in that Colony we do allow you to send them thither provided that they be willing to go in consideration that we command you have a care that their voyage be well performed and by the assistance of all persons concerned from thence 34 The Armourer that you made agreement with for to work with you in Arms and ammunition formerly had by you which you are to see that he serve well his place for the future and that he keep himself in his duty and that he be ready to repair and supply all things belonging to his place and that he be careful in his business accordingly | The directors addressed the sensitive issue of the property belonging to the executed rebels from the recent uprising. They cautioned the Governor against excessive leniency - quoting the adage “too much pity spoils a city” - and ordered that the personal estates of the executed men be formally confiscated. The Council was commanded to sell these goods and monies to the highest bidder for the Company’s profit. All such confiscations were to be fairly entered into the Company’s register - with the resulting rents and proceeds used for the common good and to settle the colony’s arrears. A compassionate but firm resolution was reached concerning two men currently under sentence of death. The directors decided to spare their lives - noting that their execution would leave their wives and children wholly dependent on the state. Instead - these men and their families were to be sent to England with the Majesty’s Fleet. The Company promised to provide for their subsistence upon arrival - preferring this over transporting them to foreign islands. Any youths amongst them who were willing to enter the Company’s service were permitted to remain or be disposed of for the colony’s benefit - provided the voyage was well-managed. The dispatch also confirmed the appointment of an armourer. The Council was instructed to ensure that he fulfilled his duties diligently - keeping himself ready to repair and supply all arms and ammunition. He was expected to be careful in his business to maintain the garrison’s readiness. Interpretations Too much pity spoils a city: A seventeenth-century proverb used here to remind the Governor that failing to punish treason with total asset forfeiture would only encourage future lawlessness. Confiscation: The legal seizure of a rebel’s property by the state - a standard punishment for treason intended to impoverish the families of those who challenged Company rule. Majesty’s Fleet: The involvement of Royal Navy vessels or officially commissioned Company ships suggests that the transport of high-profile prisoners and their families required significant security. Perhaps: The decision to bring the families to England rather than “transport them to foreign places” suggests the directors wanted to keep a close eye on the survivors of the rebellion to prevent them from becoming a nuisance elsewhere. Armourer: A highly skilled craftsman responsible for the maintenance of matchlocks - swords - and artillery - whose presence was vital for the defense of an isolated island where replacements were months away by sea. |
153 | 132 | We send you all the heads of what should be required and what you shall see to require of them if he brings in all the debts of the Company plantations and states what his farms do belong to be seized they have our special Debtor and accepted your authority to dispose of the same with all which we believe will discharge his debts as the Company might be in cash which he did several bills and instruments the said Election more especially without delay shall be carefully made and without and present interest of money and all other moveables 36 The house garden and plantations we would have you not to sell but rather see to let them for 7 years to Mr or whom nice a fine shall offer and those farms to be kept accordingly 37 The like we say to the Company plantations and the remaining demands of their Debts you shall give notice to Mr H[... ] himself shall still and not giving to let that be leased to one person such a tenant proper for it that is fit to pay for the rent and must be such as have means to pay a yearly rent to be in arrear if you shall not before to sell out our said plantations we will not absolutely enjoin but leave to your discretion provided you will take care that no part thereof be wasted or sold by your selves without good and proper security and bonds for the time we do intend and appoint you to send over account to us of the revenues and the persons that are to receive them allowing and to maintain such order as may best be for the good and security of the place that the revenues come duly in no proportions for selling of estates 38 And further we strictly forbid selling or dividing any part thereof belonging to the Company without our consent or leave in writing first had and obtained upon pain of some penalty or forfeiture or other punishment and that all persons concerned shall take notice thereof and that you do not at any time give way to any private advantage in the disposal of the same or disposing of the same 39 All moneys to be collected and received on that we send to you shall be safe and kept apart and that it may be remitted to us by such ships as shall be bound for England the freight and charges thereof and done care be made reasonable and that the moneys be accounted and delivered up to us in due time 40 The sugar is so very good that we cannot but take notice how much you improve it though we hear some great quantity is already spent yet there is a good store remaining and we require you to take care that the same be carefully preserved and improved and that you do not waste or dispose thereof but by our order and directions and that you send to us a particular account of the quantity of the same and what improvements you have made thereof and how much is remaining 41 We shall expect from you a full account of all your proceedings and what you have done in execution of these our orders and commands and that you do not omit any thing that may be for the good and welfare of the said Island and the Company’s affairs | The directors addressed the sensitive issue of the property belonging to the executed rebels from the recent uprising. They cautioned the Governor against excessive leniency - quoting the adage “too much pity spoils a city” - and ordered that the personal estates of the executed men be formally confiscated. The Council was commanded to sell these goods and monies to the highest bidder for the Company’s profit. All such confiscations were to be fairly entered into the Company’s register - with the resulting rents and proceeds used for the common good and to settle the colony’s arrears. A compassionate but firm resolution was reached concerning two men currently under sentence of death. The directors decided to spare their lives - noting that their execution would leave their wives and children wholly dependent on the state. Instead - these men and their families were to be sent to England with the Majesty’s Fleet. The Company promised to provide for their subsistence upon arrival - preferring this over transporting them to foreign islands. Any youths amongst them who were willing to enter the Company’s service were permitted to remain or be disposed of for the colony’s benefit - provided the voyage was well-managed. The dispatch also confirmed the appointment of an armourer. The Council was instructed to ensure that he fulfilled his duties diligently - keeping himself ready to repair and supply all arms and ammunition. He was expected to be careful in his business to maintain the garrison’s readiness. Interpretations Too much pity spoils a city: A seventeenth-century proverb used here to remind the Governor that failing to punish treason with total asset forfeiture would only encourage future lawlessness. Confiscation: The legal seizure of a rebel’s property by the state - a standard punishment for treason intended to impoverish the families of those who challenged Company rule. Majesty’s Fleet: The involvement of Royal Navy vessels or officially commissioned Company ships suggests that the transport of high-profile prisoners and their families required significant security. Perhaps: The decision to bring the families to England rather than “transport them to foreign places” suggests the directors wanted to keep a close eye on the survivors of the rebellion to prevent them from becoming a nuisance elsewhere. Armourer: A highly skilled craftsman responsible for the maintenance of matchlocks - swords - and artillery - whose presence was vital for the defense of an isolated island where replacements were months away by sea. |
154 | 133 | A board our ships because they shall have no incivilitys or and if they complain without a just cause we will punish their crimes [...] with the greatest severity 43 Our purpose is to serve the Islanders and to be reasonable with all men so far as it is in their power it their whilest to go on board our ships to buy any thing they for that cause we give you leave for the prevention of all disputes you shall suffer no such dealers except any others importing by you that you see lawfull (not slaves) things to advantage thereof 45 And although we have permitted and qualified the Companys trading in order to their own convenience wherein they may trade we do not allow them to take the freedom of trading with our Islanders in such sort yarns or other small things in our Market place but not on board our ships 48 If you find you want shipping to banish offenders to Bencoolen or India provided that distance be not too great at the truth you must not keep such offenders in prison unless you have good reason you may not be troublesome to the Company or Island in the meantime but let them be sent away as soon as conveniently may be on account of the Company or sent for transport upon it and that they shall serve the Companys service in any part of India under the General or President there to be disposed of by him and that he shall be for ever banished from St Helena 45 Your soldiers for service in Garrisons or other more of them you are to consider whether it be necessary to have them for their doing mischief and for a general peace and security to the Island and remaining them shall be for all such persons and whatsoever shall be provided for the same and that the provisions may fit the price and if you see cause you may set the same upon all goods that are brought to the Island and likewise upon all ships that shall be set a reasonable annual rate to the Company which you may impose in such a manner as shall be most convenient for you and for the general benefit of the Island 46 Some persons must buy the rest of the Companys goods and make a good profit of them and the same to be sold at such rates as you shall think fit and to be delivered to the Islanders the profit to the Company and by that doing the Expence shall be defrayed and the Island more easily supplied and that one or more persons be appointed and the same be to pay and account for the Companys goods so delivered and that they shall be answerable for the same and give security for their due performance 47 | The directors issued guidelines to manage the conduct of both the islanders and the Company’s personnel - particularly concerning trade and the removal of offenders. While the Company expressed a purpose to be reasonable with the inhabitants - strict boundaries were set for their interactions with visiting vessels. Islanders were generally permitted to go on board ships to purchase necessary items - but the directors forbade the presence of unauthorized “dealers” or the importation of slaves. To prevent disputes and protect the local economy - the Company’s own employees were prohibited from trading small goods or yarns in the marketplace - though they retained the freedom to trade for their own convenience on board ships. A clear policy was established for the removal of troublesome individuals. If offenders could not be conveniently held in prison without becoming a burden to the island or the Company - they were to be banished to Bencoolen or other parts of India. These individuals were to be transported at the Company’s expense and pressed into service under the local General or President - with the express condition that they were forever banished from St Helena. To ensure the general peace and security of the settlement - the Council was instructed to evaluate the necessity of the garrison and the potential for soldiers to do “mischief”. The directors granted the local government the authority to set reasonable prices on all goods brought to the island and to impose an annual rate or tax upon ships. This measure was intended to be implemented in a manner most convenient for the general benefit of the inhabitants. Finally - the directors proposed a system for the efficient distribution of Company goods. Appointed individuals were to purchase the remainder of the Company’s stores at set rates and resell them to the islanders at a profit. This profit was intended to defray the expenses of the island’s administration while ensuring a steady supply of necessities. Those appointed to this task were required to provide security and were held strictly accountable for the payment and delivery of all goods entrusted to them. **Interpretations** Bencoolen: A Company settlement on the coast of Sumatra - used here as a remote destination for the permanent exile of those deemed too dangerous or troublesome for St Helena. Forestall: Perhaps: The restriction on Company men trading in the local marketplace was intended to prevent them from using their position to buy up goods and resell them - a practice that often led to artificial shortages for the planters. Price regulation: The authority to set “reasonable” rates on imports and shipping suggests that the Company operated a controlled economy to prevent price gouging in such an isolated location. Security: A financial bond or guarantee provided by an official to ensure they would not embezzle the goods or funds they were appointed to manage. Banishment: This functioned as a middle ground between imprisonment and execution - effectively removing a disruptive element from the small island community while still extracting labour from them in another territory. |
155 | 134 | Give that forth for the future which we do in prosecution of your design be so moderate in making all things so cheap upon that Island that we may have greater returns of rice and goods and that the Inhabitants may buy of you then more of them 48 For the performance of which design we intend by you that cloth and goods be imported of such sorts as are fit for your Island and for sale to the Islanders and that you do observe what sorts or goods at the rates which we send them 49 Our rice and corn is most of London where and monthly returns for our shipping who touch there or any of them and we require that you and likewise what goods sale of the Island and in what quantities sent above the market price and it shall be very especial to keep upon which time either sort which you shall furnish made for the service of British Nations in the Island and we have means which you may buy of you then for what use and you are to return ships from India or other parts we shall receive great help by the selling of your goods in that Country and much more than would be gained by the sale of it 50 We have had great complaints of Mr Poole going on board & Embezzling our Seamen provisions and receiving them at the prices they ask except which abuses we do not approve and we require you that none of our Seamen be permitted to sell any goods or provisions on shore nor to trade in the Island or be suffered to bring any goods ashore without leave and that none be suffered to go on board ships without leave or be permitted to receive any goods from ships or to trade with them 51 We have the sailing up of such ships which our port may not only be a great ease to our ships in a general but likewise a great advantage to ourselves in harbouring and securing our ships from storms and that means you may have some advantage in that and a certain quantity the day is calm and quantity of fresh beef killed or mutton as high as may be in the afternoon and all the same be made so as without being at the trouble of fitting some of their own then they shall receive them which is ordered 52 We cannot omit that judgment that the price of bread we have found kept much too high which hath discouraged trade and we desire that you take care to see that bread be sold at reasonable rates and a constant supply be provided for the inhabitants and that for time that you may think it fit to set a price or rate for the same Bread on the Island and some better order and that all bakers be obliged to bake good bread and wholesome and that they do not impose upon the inhabitants by selling bad bread or at excessive prices and that there be a strict inspection and regulation thereof and that offenders be punished accordingly | The directors outlined a strategy to improve the island’s economy by ensuring that goods remained affordable for the inhabitants. They intended to import specific cloths and goods suited to local needs - aiming for moderate pricing to encourage larger returns of rice and other commodities. The goal was to create a system where the inhabitants could buy more from the Company - thereby increasing the overall volume of trade and monthly returns from shipping. A significant concern was raised regarding the conduct of Mr Poole - who was accused of going on board ships to embezzle seamen’s provisions at inflated prices. To prevent such abuses - the directors ordered that no seamen be permitted to sell goods or provisions on shore - nor should anyone from the island go on board ships without express leave. This restriction was intended to curtail unauthorized trade that bypassed Company oversight. The directors also saw an opportunity to capitalize on the island’s role as a safe harbour. By providing a secure port for ships to avoid storms - the Company hoped to facilitate the sale of fresh beef and mutton to visiting crews. They instructed that livestock be killed in the afternoon to ensure the meat was fresh for delivery - removing the need for ships’ crews to manage the slaughter themselves. Finally - the high price of bread was identified as a major discouragement to local trade. The Council was ordered to set a reasonable rate for bread and ensure a constant - wholesome supply. All bakers were obliged to produce good quality bread - and a strict inspection system was to be established to punish those who sold bad bread or charged excessive prices. Interpretations Embezzling: In this context - the unauthorized acquisition or diversion of ships’ stores for private sale or consumption - which undermined the Company’s monopoly. Fresh beef or mutton: Providing fresh meat was one of St Helena’s most vital services for ships on the long voyage from India - as it was essential for the health of sailors who had lived on salted provisions for months. Bakers: As the primary providers of a staple food - bakers were treated as public servants subject to strict government regulation regarding both the quality and cost of their product. Perhaps: The emphasis on making goods “cheap” suggests that the directors had realized that excessive prices were stifling the island’s development and that a higher volume of low-profit sales might be more sustainable. Wholesome: A legal requirement that food be fit for human consumption and free from adulteration - a common problem in seventeenth-century colonial outposts where supplies were often stretched thin. |
156 | 135 | Upon reading over our [...] and Consultation book from hence we find it necessary to order you to sell their stocks by the ship or 10 bales of the value in best terms and leave such parcels of you have money to demand of them your duty if you can procure them you may have most such as can spare best that you shall for them which may be fit for a need to make goods goods which then be a parcel or [...] Bencoolen and put on board the ship what provisions there can you for their maintenance during the voyage If any of the sold or the sons of English of 16 or 17 years of age are willing to serve the Company as apprentices you may entertain them for the Companys service and bind them apprentices for such time as the Company there at our common day of such persons the next ship which we have now ordered to be sent down about three or more in any quarter in Indian Nations living upon the Island and you shall have care over and above all the strict discipline that you may use all means possible are willing and send them to go or which they shall we would have none to be sent against their will except on such as you shall believe to be the best of the inhabitants for necessary use 55 We have read over our generall letter to you to St Helena and commands for all things therein contained and we thought it necessary to give you meaning and that always be in force and observed and that you be assured that we have opportunity time of our Councells open to hold your selves open and express your concerns for sending persons to supply the Island and our commands to you be ready to apprehend and conformity to attend our Commands in Execution and thought fit you to be more severe in whom we have reason to fear and that the neglect of this facility notwithstanding the management there is partly blame him who neglects to the calling yourselves for having done so much diligence to all rebellious persons you have made and always proved a great prejudice to us and him and also to be known but to punish them and their proceedings in their Execution of them 55 If Mr [...] or any of the Commanders send families or any other persons to the Island we would not refuse them or for to stay them if they may come from their former cause to take their passage with them and encourage a white settlement in the Island and that those and more people thereof who should be better use by their labours and more directed the Government and Families of such sort to be sent out to take families the cause of good order in the same Island that each is properly settled and trained there also and that go thither in Toleration and Freedom and in labour and labouring their own Trades and that the Island be a flourishing place and so make it a necessity of sending that for our service the English shall have their transportation to go off the Island 56 We send you inclosed Copy of Covenant added to our Charter by your means to cause it to be at St Helena that use no other Doc nor office there but such as that like no man Doe not suffer any persons whatsoever to use or practise any unlawful or disorderly ways or customs within the Island and that they be strictly punished according to their offences and that care be taken that all persons within the Island do conform themselves to good order and government and live peaceably and quietly together | The directors provided instructions for managing both the island’s trade and its population. They ordered the sale of specific stocks by the ship - suggesting that parcels of goods be prepared for Bencoolen and that the necessary provisions for the voyage be put on board. A significant focus was placed on the future of the island’s youth; the Council was permitted to recruit the sons of English inhabitants aged 16 or 17 as apprentices for the Company’s service. While the directors encouraged sending these young men to other Indian nations or Company outposts - they insisted that - apart from those deemed necessary for the island’s own use - no one should be sent away against their will. Reflecting on recent unrest - the directors reaffirmed their general letters and commands - stressing that these orders must remain in force and be strictly observed. They expressed a need for greater severity towards those who might be feared as a threat to the settlement. The neglect of previous management was blamed for allowing rebellious persons to cause prejudice to the Company - and the directors reiterated that such proceedings must be punished to prevent future harm. To foster a more stable and productive colony - the Company encouraged the settlement of white families. They instructed that any families or persons sent by commanders should not be refused but rather encouraged to settle and labour in their respective trades. The goal was to transform St Helena into a flourishing place through “Toleration and Freedom” in labour - with the English inhabitants properly trained and settled in good order. The dispatch concluded with the inclusion of a new covenant added to the Company’s charter. The Council was ordered to ensure that no other laws or offices were practised on the island beyond those authorised. They were strictly forbidden from allowing any unlawful or disorderly customs to take root - and they were tasked with ensuring that all inhabitants conformed to the government and lived peaceably together. Interpretations Apprentices: By binding young men to the Company at age 16 or 17 - the directors sought to create a loyal - locally-raised workforce that could be deployed across their various Eastern territories. White settlement: This reflects a deliberate policy to shift the island’s demographic towards a more permanent and “orderly” population of English families - who were seen as more reliable than a transient military garrison. Toleration and Freedom: In this seventeenth-century context - these terms usually referred to the freedom to pursue a trade or craft under the Company’s protection - provided the individual remained obedient to the established laws. Perhaps: The directors’ warning about “neglect” suggests they believed the previous administration’s lack of “diligence” had created an environment where rebellion could thrive - a mistake they were determined not to repeat. Covenant: A formal - solemn agreement or contract that bound the inhabitants of the island to the Company’s authority and the specific legal framework of its Royal Charter. |
157 | 136 | Whatever to give leave hereafter to any to go on board our ships but to take [...] give leave to receive for England paying there own passage which we would have you not to do except [...] which time of service is not yet expired for the person Indents for the said St Helena Your demand [...] of allowance which hath is begun taken our off our [...] which is the [...] that though the words [...] have opposition from your self all manner to the Governour Smith [...] and Mr [...] who was there as Officers in the Companys service with the assistance of Mr [... ] which he stays there and is able and willing where time to send you from hence by the ship and therefore on such terms though you formerly have we have already [...] Mr [...] and Mr [...] from being of our Councill and from our service and from our salary because of [...] of our said Company or our keeping or what we see we do hereby likewise dismiss Mr [...] from our service immediately and we have thought fit [...] [...] and Mr [...] in our Councill [...] and Mr [...] their absence [...] the liberty of those books we find they now in the way of guard and a little [...] and a sufficiently Military force under be good a [...] [...] at our Governour and if Mr [...] and Mr [...] think fit to continue upon the Island you may let them be there upon consulting with their safety and you must fit them for going upon account of our Island you shall think for our advantage and that they may not suffer in their service and diligence and obedience to us All you now establish Councill consisting of the army officers and a Captain may be present in all Councill to assist the Government and management of the said Island and to give you advice in all things and that no person whatsoever presume to do any act or thing in matters relating to the said Island without your order and that they be careful to maintain good order and government and that they do not presume to act in any matter without your leave and that all things be done in a regular manner according to the rules and orders of the Company and that all persons do conform themselves thereto and that offenders be punished accordingly | The directors established a strict policy regarding the departure of personnel from the island. They ordered that no person should be granted leave to board ships for England unless they paid their own passage. This was particularly forbidden for those whose period of service had not yet expired - ensuring that individuals remained bound to their indentures on St Helena. Internal political shifts within the local government were also addressed. The directors expressed disapproval of past opposition from certain officers toward the established authority of Governor Smith and his associates. As a result - several officials - including a Mr [...] and Mr [...] - were dismissed from the Council - from the Company’s service - and from their salaries. This dismissal was immediate - and the directors appointed new members to the Council in their stead. Despite their removal from power - the former councillors were permitted to remain on the island if they chose - provided their presence was deemed safe and they maintained a standard of diligence and obedience. The new administrative structure for St Helena was to be heavily influenced by military oversight. The established Council was to consist of army officers - with a Captain present at all proceedings to assist in the management of the island. The directors mandated that no person - regardless of their status - should presume to act in matters relating to the island without a direct order from this newly constituted authority. All actions were to be conducted in a regular manner - strictly following the rules and orders of the Company. The directors emphasized that every person on the island must conform to these regulations - and they empowered the Council to punish any offenders who deviated from this prescribed order of government. Interpretations Indents: The formal contracts of indenture that legally bound workers or soldiers to the Company for a fixed number of years - preventing them from leaving the island prematurely. Council: The governing body of the island - which the directors were now restructuring to ensure it remained a loyal instrument of the Company’s will. Salary: The withdrawal of pay was used as a primary disciplinary tool against officials who were perceived as being in opposition to the Governor or the London directors. Perhaps: The requirement for an army officer to be present in all Council meetings indicates that the Company was transitioning toward a more overtly military form of government to ensure stability following the recent rebellions. Regular manner: A bureaucratic term used by the directors to demand that all legal and administrative actions be formally recorded and conducted according to standard operating procedures rather than local whim. |
158 | 137 | We say let by Lease only 20 Acres of fresh Land to a family because one man better improves the Land then he can have done away the plantation with any more then we do when you have full the Condemned Negroes from Mr [...] made to labour with our slaves which you know and officers for a better benefit to a more equal settlement of your Island all other settled Revenues and there be they can do without goods to houses in the town in Rapparel Valley we require you for the future same into the Companies hands Except the profits of those houses in Amelcon which belong to him in whose hands they are and to be improved by him and let it to grow to a great value in that he know how the same is to be better improved as it will be in time notwithstanding all these observations it hath met with the slow steps that have been made towards it and we do assure that that which is doing it tends to the more we have now given a great way by furnishing all people with Negroes and all to keep a stock 60 The factors you intend to send we also appoint to be Assistant to our Council one or both the writers to our Deputy Governour and those persons as therefore we approve of the choice you have named in your Direction you shall think fit to employ in writing 62 Because Death or absence of our first Governour Robert Blakeway we appoint Mr Robert Holding to be our Governour and in case of his absence Mr Thomas Rawlin or absence we appoint Mr Spencer to be next to be our Governour and we therefore desire from all our Council the said Mr Holding and Mr Spencer as foresaid we require that all our affairs be full respective diligence and due inspection as well in our trade and in all others that we respectively may have reason of their conduct or others that shall be subservient to our said Governour and Major further to give instruction to our said Governour and Council as now established we have not also to do but to maintain you and our affairs to the guidance and protection to the Almighty God we remain your very loving friend By Order we appoint you Your friends Governour etc Benj Bethell Deputy Govr John Moor John Bence by the Charter Mounten Matt Conch John Goden Henry Johnson Alex Nicols Joseph Edward Tho Frederick Fra Gifford Edward De Boners John Field Land President | The directors established a new policy for land distribution - limiting leases to 20 acres of fresh land per family. They reasoned that a single man could better improve a smaller plot than a larger plantation. They also ordered that the condemned negroes formerly held by Mr [...] be put to labour with the Company’s own slaves - an action intended to benefit the settlement and the Company’s revenues. The management of property in the town within Rapparel Valley was also addressed. The directors required that these houses be taken into the Company’s hands - with the exception of the profits from the houses in Amelcon - which were to remain with their current holder to be improved. They noted that despite slow progress - the provision of negroes to the inhabitants was a significant step toward building a sustainable stock and a flourishing colony. The administrative structure was further refined by the appointment of factors and writers to assist the Council and the Deputy Governor. Following the death or absence of Robert Blakeway - the directors appointed Robert Holding as Governor. In the event of his absence - Thomas Rawlin or Mr Spencer were named as successors. The directors demanded that all members of the Council show respective diligence and provide a due inspection of the Company’s trade and affairs. The dispatch concluded with a formal commendation of the Governor and Council to the guidance and protection of Almighty God. The document was signed by Benjamin Bethell - the Deputy Governor - and a list of several prominent friends and officials of the Company - including John Moor - John Bence - and Thomas Frederick. Interpretations 20 Acres: This restriction on land size was a deliberate attempt to prevent the emergence of a powerful land-owning elite and to ensure that the island remained a collection of manageable - productive smallholdings. Rapparel Valley: A specific geographical location on St Helena where the Company sought to consolidate its control over urban housing and infrastructure. Negroes: The term used in the seventeenth century for enslaved people - whom the Company viewed as essential labour for the agricultural development and “improvement” of the island. Robert Holding: His appointment as Governor - following the dismissal mentioned in previous sections - suggests a complex shifting of alliances or a reinstatement based on the directors’ changing needs. Your very loving friend: A standard closing for official Company correspondence in this period - masking the often stern and demanding nature of the instructions sent from London to the South Atlantic. Perhaps: The detailed list of successors for the Governorship reflects the high mortality rate and the uncertainty of communication in the late 1600s - ensuring the Island would never be without a designated leader. |
159 | 138 | Our governour & councill of St Helena There being two Right of Dollars in Edinburgh which were to be with you the proper one we hereby order you to deliver unto Capt [...] Commander of the Eagle Merchant on account the said Right of Dollars delivered to him as for the use of our service and charge the same to our account for which this shall be your Warrant the other Right of Dollars we would have remitted with you for the purpose mentioned in our Generalls to which comes to you by this ship we are Yo: very loving friend Tho Rawlinson George Browne Joseph Heme Fra: Field Governour Matt: Mounteney Nath: Tench John Moore Jo: Bence Tho: Beake John Goddard [...] Hutchinson Wm: Binnell Tho: Atkinson | The directors issued a specific warrant to the Governor and Council of St Helena regarding the handling of two distinct sums of money - referred to as a Right of Dollars. One of these sums was to be delivered to Captain [...] of the Eagle Merchant for the use of the Company’s service. The Council was instructed to charge this amount to the Company’s general account as authorized by the warrant. The second sum was to remain with the Council for the specific purposes mentioned in the general letters sent by the same ship. This brief dispatch concludes with the formal signatures of the Governor and several prominent members of the Company - including Thomas Rawlinson - George Browne - and Matthew Mounteney. Interpretations Right of Dollars: A specific quantity or “lot” of Spanish silver dollars - the primary international currency used for maritime trade and the payment of garrison expenses in the seventeenth century. Eagle Merchant: A vessel in the service of the East India Company - likely requiring these funds for provisions - repairs - or trade as it continued its voyage. Warrant: A formal legal document that authorized the Governor to release Company funds - serving as his protection against accusations of embezzlement or unauthorized spending. Yo: very loving friend: A standard closing of the era - highlighting the polite but strictly hierarchical relationship between the London directors and their colonial officers. Perhaps: The mention of Edinburgh suggests that the Company’s financial networks extended into Scotland - or that these specific funds had been moved through Scottish financial channels before being sent to the South Atlantic. |
160 | 139 | Our Governour & Councill of St Helena Capt John Blackmore Capt Robert Ad[...] Capt John H[...] Ensign Rich[...] London Augst the 31: 1687 We have wrote you largely by this ship wherein but having since recd your letters and the advice by the George sailed and arrived, we have found it necessary to make an other addition to our letters for our better satisfaction in many of the matters, and to obviate any miscarriage or delay in the future proceedings that have been given here orders to the masters you may observe what encouragement we have to reinforce that place, and make it useful and safe, and you will propose to gain their [...] to serve their necessities while coming in and we have [...] as it was also sent Random or Som Bay being large and fit ships there other of those places We shall compel no body to go thither but such notorious offenders as are mentioned in our former letters but we have a constant number of men sent in provision of the place to encourage people to stay there prevent their desertion we had formerly and therefore it is thought fit to continue to provide upon the same method and we leave it to you and the rest to be very careful that all things belonging to the place be made as comfortable as may in times short to be a secure and safe habitation it costs us and we also have the great expense of the place 2 or 3 years we have to make it defrayed or made upon any revenue of their own and therefore we have given you full power to put in use all means and make such provisions which you can make use of [...] we have here sent provisions to assist you to keep you there and to have by this [...] that place being of great consequence to this kingdom and prosperity of it we desire and on regard you have ordered 30 or 40 black persons to assist you now you may call you may increase the number of them depend on occasion to 12 or 16 or more you can send so many but some of them must be sent for St George’s Island to supply the garrison there which is in great danger by reason of the misfortune which befell the last ship sent thither from the loss of the persons and provisions which they had with them for want of provisions we have their subsistence from the fort and the voyage thither proving so dangerous we command express we remain And as if you can get men board or hired or otherwise for the carrying of some fruit and provisions for the Island and such things as may be sent to assist you and all such means are to be used to encourage trade and for your and their benefit Your very loving friends Tho Hill Governour Fra: Field Jn: Blackmore Depy Jn: Field Tho: Rawlinson Matt: Mounteney Geo: Bouchier George Browne | The directors in London wrote once more to the Governor and Council of St Helena on 31 August 1687 to provide additional instructions following the arrival of letters and advice from the ship George. They expressed a firm commitment to reinforcing the island - aiming to make it both a useful and safe habitation for those in the Company’s service. To achieve this - they proposed providing for the necessities of those arriving on the island and encouraged the use of locations such as Random or Som Bay for the accommodation of large ships. A clear distinction was made regarding the population of the island. The directors stated they would not compel anyone to settle there - except for the notorious offenders mentioned in previous correspondence. However - they planned to send a constant number of men and provisions to encourage the existing inhabitants to stay and to prevent the desertion that had plagued the settlement in the past. The Council was urged to make the island as comfortable and secure as possible. Financial concerns remained a priority. The directors noted that the great expense of maintaining the island over the last two or three years must be defrayed by its own revenue. Consequently - they granted the Governor and Council full power to implement any means or provisions necessary to raise funds. They emphasized that St Helena was of great consequence to the kingdom and its prosperity. To assist with the labour and defence of the settlement - the directors authorised the use of 30 or 40 black persons - with the option to increase this number to 12 or 16 more as the occasion required. Some of these individuals were to be sent to St George’s Island to supply the garrison there - which was in great danger following the loss of a previous ship and its provisions. Finally - the directors encouraged the Council to hire men or board ships to transport fruit and other provisions to assist the island - all with the intent of fostering trade for the mutual benefit of the Company and the inhabitants. Interpretations Notorious offenders: This refers to individuals being forcibly transported to the island as a form of punishment - a practice the Company used to provide a base level of labour and population. Great consequence: The directors’ recognition of St Helena’s strategic value - not merely as a commercial outpost - but as a vital asset for the wider security and economic interests of the English kingdom. St George’s Island: A reference to another Company interest - probably in the Atlantic or near the African coast - where the garrison was struggling for subsistence due to maritime misfortune. Perhaps: The instruction to kill or transport “fruit and provisions” suggests that the directors were trying to diversify the island’s output to include perishables that could be sold to passing ships - reducing the colony’s dependence on London for food. Defrayed: The Company’s insistence that the island pay for its own upkeep indicates a shift toward a self-sustaining colonial model - likely necessitated by the high costs of the recent military reinforcements. |
161 | 140 | Our Chiefe of Bencoolen London the 31: August 1687 Since our former letter by this ship we have recd [...] [...] sent hither by the conveyance of the Governor and also from Mr [...] a man of great experience in the world having been in his time not only a famous Merchant Adventurer and in many special trades, that he is especially fitted for our service and therefore to the highest we shall give you directions by him fully and we do also direct you if he desires their assistance, that you shall speedily and to your utmost power procure right to be done him by all others and in the meantime while you can attain from our officers or his Deputies that are to him you must have all convenient management on the Company’s side as long and ally that a Man is thus great and deserving that you shall in no wise hinder or oppose any measures he may have reason to offer and follow him The said Mr Lucas in his express hath wrote unto you some paragraphs concerning Bencoolen which we hope you have in a course to put in the practice What concernes Mr Lucas we do assure you and all the Company that you shall give him countenance and assistance in all things relating to the good of that settlement we know of nothing and therefore we have ordered our Governour and Councill of St Helena to send him two hundred servants and see all things relating to the fortification and defence and transport and all things necessary to the security of the place to him which the said Mr Lucas hath order to direct and perform according to his judgement and instructions and we doubt not but that you may judge of the goodness of those designs and means that he intends and to that end we do require you to be assistant and to further him in all his designs and measures that may conduce to the safety of that place and the Company’s interest It is also we have told you before in our former letters that you should send sufficient of your goods by the season and also provide such commodities for which we would have you to supply and demand all things that we have now directed and commands you observe and particularly in those goods which directly we have ordered to be sent from England to our ships that they be provided and kept in readiness and all those goods that we have given directions for you to send from thence be now and sent and we desire you to observe the ways of keeping healthfulity the workmen have There is St Helena one will be sufficient in regard plantation for which the experience we have of that settlement in general and therefore have thought fit to send servants to encourage trade on this ship for advancement of the place for the promoting of trade in the general and also to send servants for plantation at Bencoolen which is to be done with speed for the settling of that place and desiring you are to expedite it | The directors wrote to the Chief of Bencoolen on 31 August 1687 to introduce Mr Lucas - a man described as a famous Merchant Adventurer with extensive experience in global trade. The Company expressed their highest confidence in his abilities - directing the local officers to provide him with every assistance and to follow his expertise in the management of the settlement. The directors made it clear that Lucas was especially fitted for their service and that his measures for the good of Bencoolen should not be hindered or opposed. To bolster the security and development of the Bencoolen settlement - the directors ordered the Governor and Council of St Helena to send 200 servants to the station. Mr Lucas was given the authority to direct the fortification - defence - and transport necessary for the security of the place according to his own judgment. The Chief of Bencoolen was required to further all of Lucas’s designs and measures that might conduce to the safety and interest of the Company. The dispatch also reiterated the need for a steady supply of commodities. The directors commanded that goods be kept in readiness for the arrival of English ships and that all items previously ordered from England be provided. They also highlighted the importance of maintaining the health of the workmen during the construction and trade operations. Perhaps: The decision to transfer 200 servants from St Helena to Bencoolen suggests that the Company viewed the latter as a priority for immediate expansion - probably due to the lucrative pepper trade in Sumatra. Merchant Adventurer: This title indicates that Lucas was not merely a Company employee but a high-status trader with his own capital and a history of successful maritime ventures. Healthfulity: A term reflecting the Company’s constant struggle with the high mortality rates in tropical climates - acknowledging that the survival of skilled workmen was essential for the progress of the fortifications. Servants: These individuals - often a mix of indentured Europeans and enslaved people - formed the backbone of the Company’s labour force and were frequently moved between colonies to meet shifting strategic needs. Speed: The directors’ insistence on expediting the settlement and plantation at Bencoolen indicates a sense of urgency - perhaps to pre-empt rival European powers from establishing a stronger foothold in the region. |
162 | 141 | We have Desired Capt Harding (Who is an Ingenious man and whom we think We have obliged and who is to reside for our Service) to offer free all the possible Assistance for what shall most conduce to the Safety and Settlement of your place and likewise direct you must be very civil and carefull to correspond with the Dutch at Batavia if you find it best them desireable and to use friendship Some of our Blacks that speak English in want of labour you may use and apply to such works as you shall think most necessary and to any and every service as you shall think fit for the present and until such time as you shall be supplyed with Servants and we further require you that you keep a strict account of all such Blacks which you shall use and how long and to what service they are applied and that you return the same unto us Capt Harding if he thinks fit he may be entrusted to negotiate for the use of the place and with respect thereto to buy or sell what shall be necessary for your service if you can get goods Mr Wise would have you assist him in what you think fit and we do also recommend unto you some that are willing for plantation and we desire you will encourage them and we also give leave to Capt Harding if he shall think fit to get some persons for the same purpose and that you do take care of their subsistence and to settle them in such manner as he shall think fit and we desire you that you do take care that they behave themselves orderly and quietly The Baye man having an Engine for distilling of water which if found good you may make use of and we think it convenient that you should procure the same for the use of the place if it shall be found serviceable and that such Distilling may be continued and that care be taken to keep it in good order and to supply the place with fresh water By your last Advices from Bengala we think that we want a new Ship for your place as well as our Government and Merchants and we have ordered that the Ship shall be provided for that service and that she may be of a sufficient burthen and well fitted for the voyage and that she may be dispatched with all speed and that she may arrive in good time for the service of the place and we desire you that you do give all encouragement to the Masters and Mariners to perform their duty and to take care of the Ship and her lading and to use all possible care and diligence in the management thereof and to return her home again with all convenient speed and we shall expect your particular account of all your proceedings therein and of the state of the place and the trade thereof and of all other matters that may concern our service and the good of the place | The directors determined - based on recent advice from Bengal - that a new ship of sufficient burden was required for the station. They ordered that this vessel be well-fitted and dispatched with speed to serve the interests of both the government and the merchants. The directors expected the masters and mariners to be encouraged in their duties to ensure the ship and her lading were managed with diligence and returned home promptly. A detailed account of all proceedings - the state of trade - and the general condition of the place was requested in return. Interpretations Batavia: The headquarters of the Dutch East India Company (VOC) in the East Indies; maintaining “friendship” here was a strategic necessity to avoid conflict - despite the fierce commercial rivalry between the English and the Dutch. Distilling of water: This refers to an early mechanical attempt to purify or desalinate water - a critical technology for survival in tropical coastal settlements where fresh groundwater was often brackish or contaminated. Burthen: A traditional maritime term referring to the cargo capacity or tonnage of a ship - indicating that the directors wanted a vessel large enough to be economically viable for the long voyage. Perhaps: The emphasis on “English-speaking” blacks suggests that the Company valued effective communication for technical or supervisory tasks - distinguishing these individuals from newly arrived or non-English speaking labourers. Bengala: The Bengal region - which was becoming the most profitable trade hub for the Company; the need for a ship specifically for this route underscores the growing importance of the Indian textile and saltpetre trades. |
163 | 142 | We have appointed Capt John Harding to be of our Councill during his stay at Bencoolen of his going out and returning to and fro upon the place give you his own and also he is to be assistant to Mr Lucas for our Company’s affairs and you are to receive his advice and that he may be employed in all matters relating to the Government and the managing of your affairs and also correspond with him from time to time and other ways you are to be assistant to Mr Lucas to whom we have given the Government of the place and do expect obedience from all persons there and we hope you will have regard to the Company’s service and interest and also to the safety of the place and we have appointed Mr Thomas Turner to assist him in managing the Company’s affairs and you are to give him your assistance and encouragement in the execution of his trust which shall be placed to the account of the Company of the ships hereafter we remain Your loving friends Forrester Henry Johnson [... ] Rich Acklam Thos Jeffreys George Goslin Wm Goodricke Gregg young & friends Fra Field Governour Wm Turner Roger Ward John Moore George Smith Thos Desbouver John Goddard [...] Joyce Tho Beake Our Governour & Councill of St Helena Since our last by this ship we understand by discourse with Heath that there are already good Goats at Bencoolen and therefore you shall send none of them but in lieu thereof send them two hundred of such Rice as best you can kill and with Capt Harding’s advice be very careful to serve it well, We have Desired Capt Harding to take Mr him for that purpose 2 Hogs of large size, with which shall go to St Helena we hope may serve at least them there if it prove not then at St Helena send likewise more seeds of Jamse Potatoes, Limes or any thing else you think may grow with them at Bencoo len or the place (notwithstanding our misfortune therein too) but now for their continuance for its situation of any place we have known gives us a new life to endeavor its preservation of it, being of mighty concern to the Nation if it can be defended, and so we are not without if our people not learn to stay & living healthfully upon it, we hope to secure more and more Rice & more to Bencoolen, being satisfied if a ship be sent with goods for supply & to deliver it is a thing we never understood from any person before we met Lucas his understanding we have discoursed so many parts, I came from thence before it was our lack for want of provisions gave great hazard, and the like orders we shall give in all our Colonies. So we commend you to God Your very loving friends Fra Field Govr | The directors formally appointed Captain John Harding to the Council for the duration of his stay at Bencoolen. He was tasked with assisting Mr Lucas in the management of the Company’s affairs and providing advice on matters of government. The directors reiterated their expectation of total obedience to Mr Lucas - who held the primary government of the place - and appointed Mr Thomas Turner as an additional assistant. They emphasized that all persons must prioritize the Company’s service and the safety of the settlement. A secondary instruction to the Governor and Council of St Helena revised previous orders concerning livestock. Having learned that Bencoolen already possessed a good supply of goats - the directors cancelled the shipment of those animals. Instead - they ordered that two hundred units of the best available rice be sent - along with two large hogs for breeding purposes. The Council was also directed to send seeds for yams - potatoes - and limes - or any other plants that might thrive in the Bencoolen climate. The directors expressed a renewed commitment to the preservation of Bencoolen - describing its strategic situation as being of “mighty concern to the Nation” if it could be successfully defended. They acknowledged that previous misfortunes and a lack of provisions had put the colony at great hazard - but they were now hopeful that - with the insights provided by Mr Lucas and the establishment of a regular supply of goods - the people would learn to live healthfully and remain on the island. This model of providing regular supplies and reinforcements was to be adopted across all the Company’s colonies to ensure their security and prosperity. Interpretations Goats: The cancellation of the goat shipment suggests a more refined understanding of the local ecology at Bencoolen - preventing the waste of space and resources on a commodity already available. Mighty concern: This phrase elevates the status of Bencoolen from a mere trading post to a vital national interest - reflecting the intense competition for the spice trade in the East Indies. Jamse: An archaic or phonetic spelling of yams - which - along with potatoes and limes - were essential for providing a varied diet and preventing scurvy among the European settlers and sailors. Perhaps: The directors’ mention of “new life” and their renewed hope for the colony indicate that earlier reports from Bencoolen may have been so discouraging that they had considered abandoning the settlement. Discourse with Heath: This highlights how the Company’s central planning in London relied heavily on the verbal testimonies of returning sea captains and factors to correct or update their official policies. |
164 | 143 | Our Governour & Councill of St Helena London 7th Sept 1687 Since our former by this ship wee have recd from Mr Skegg advice wherein he gives an acknowledgement in our service in India and have his receipt his papers and therefore wee have given him the full power of Acting as our Agent at Bencoolen in the absence of Mr Lucas which wee think you had better hee command and execute all things for Mr Lucas, that wee recommend you would have you use him accordingly and admit him to the Councill at your Fort at Bencoolen to assist them in your Councills Notwithstanding hee hath long since been our Express and will be dispatched in order to shew his known courage and good service wee desire you have all due assistance as likewise give him all the assistance and respect wee can and particularly wee require you in all the settlement of affairs in and about that place that you be careful to preserve good correspondence amongst yourselves and endeavour to keep all persons in obedience and to suppress all irregular proceedings and that you take care to secure the peace of the place and encourage all those that shall be willing to come and reside there and that you use all diligence for the improvement and security of the trade and the administration of that place and especially of the land This place is most convenient for you as to supply you with all provisions necessary without which wee understand that the place cannot subsist and therefore wee do hereby direct you that you do use all diligence and care to send hither what provisions you can spare and what they will yield as Rice and other provisions for the maintenance of the people there and that you also use all care and diligence for the improvement and management of the trade there which may be of great advantage to the Company and yourselves And if any of you propose that are minded and desire to go thither and settle themselves at that place you may give them leave so to do and assist them in the prosecution thereof and give them all encouragement and likewise take care that they be supplied with all things necessary for their subsistence and that they be kept in good order and discipline and that they be subject to the Government and the rules of the place and that they be obedient to their Superiors and that they behave themselves peaceably and quietly This is all at the present but wee commend you to the guidance of the Almighty and remain Your loving friends Fra Field Governour Tho Hill Deputy John Moore George Browne Henry Johnson Wm Goodricke Matt Mounteney Geo Bouchier Nath Tench Joseph Heme Tho Rawlinson John Goddard Wm Johnson Tho Atkinson | The directors provided further administrative instructions on 7th September 1687 - appointing Mr Skegg to act as the Company’s Agent at Bencoolen in the absence of Mr Lucas. Recognising Skegg’s previous courage and service in India - the London office granted him full power to execute the Governor’s commands and ordered his admission to the Council at the Bencoolen fort. The directors urged the Council to show Skegg due respect and assistance - particularly in maintaining order and suppressing any irregular proceedings within the settlement. A primary theme of the dispatch was the survival of the Bencoolen station - which the directors understood could not subsist without regular supplies from St Helena. Consequently - the Governor and Council were commanded to use all diligence in sending whatever provisions they could spare - specifically rice - to maintain the people there. They noted that the careful management of this inter-colonial trade would probably result in great advantages for both the Company and the local officers. The directors also extended an invitation to any inhabitants of St Helena who wished to relocate and settle at Bencoolen. The Council was authorised to grant such persons leave to depart and to provide them with the necessary encouragement and subsistence for their resettlement. However - those who moved were strictly required to remain under the discipline of the Bencoolen government - behaving peaceably and obeying their superiors. The letter concluded with a traditional commendation to the guidance of the Almighty - signed by Governor Francis Field - Deputy Thomas Hill - and several other prominent members of the Company’s leadership. Interpretations Mr Skegg: An officer whose “known courage” likely referred to his participation in military actions or dangerous diplomatic missions in India - making him a trusted figure to lead a frontier outpost. Subsist: This term highlights the precarious nature of the Bencoolen settlement - which at this time was a vulnerable “factory” reliant on outside food sources due to the difficulty of local cultivation or hostile relations with the surrounding population. Irregular proceedings: A broad category of offences including private trade - mutiny - or the failure to follow the Company’s bureaucratic protocols - all of which the directors were keen to eliminate. Perhaps: The offer to let St Helena residents move to Bencoolen suggests that the directors were trying to balance the populations of their various territories - shifting people from the more established St Helena to the newer - more strategically vital Bencoolen. Fort at Bencoolen: Known as York Fort (and later replaced by the larger Fort Marlborough) - this defensive structure was the physical manifestation of the Company’s authority and the central point of governance in the region. |
165 | 144 | Our Governour & Councill of St Helena London 23 Sept 1687 Application having bin made unto us by Mr Wm [...] Merchant and Inhabi[...] [...] with you and employed in prosecution of our affairs that he is willing to go to Madeira and procure such goods and send them to you by the first ship opportunity and which he represents that he is a considerable stock of Sugars and will be able to furnish you with good quantities thereof from time to time and at such rates as the Market shall afford and that what quantity you may have occasion for may be provided and that he will give you good credit for the same and to be paid for in such manner as may be agreed on the first place and to be accounted for the Bencoolen transportation We remain Your loving friends Signed by order of the Governour and Company Robt Blackborne Secr Vera Copia Examined Edw Rawdon | The directors in London informed the Governor and Council of St Helena on 23 September 1687 of an application made by Mr William [...], a merchant and inhabitant who had previously been employed in the Company’s affairs. He expressed a willingness to travel to Madeira to procure goods and arrange for their shipment to the island by the first available opportunity. Mr William [...] represented that he held a considerable stock of sugars and would be able to furnish the settlement with good quantities of this commodity at current market rates. He also offered to provide the Company with credit for these purchases - with payment to be settled according to an agreed manner and accounted for under the Bencoolen transportation funds. The dispatch was signed by order of the Governor and Company by Robert Blackborne - the Secretary - and the copy was verified and examined by Edward Rawdon. Interpretations Madeira: A Portuguese-governed island in the Atlantic that served as a vital victualling station for ships bound for the East Indies - providing wine - sugar - and fresh water. Considerable stock: This suggests that Mr William [...] was a merchant of significant independent means who was leveraging his private capital to assist the Company’s logistics while seeking a profit. Credit: An arrangement allowing the Company to receive essential goods immediately while deferring payment - a common necessity in a colonial economy where physical bullion or “Rights of Dollars” were often in short supply. Perhaps: The mention of Madeira as a source for sugar indicates that the Company was looking for reliable supply routes closer to St Helena than the more distant Caribbean or Indian plantations. Bencoolen transportation: This suggests that the costs for these provisions were being linked to the ongoing and expensive project of establishing the new settlement in Sumatra - showing how the Company’s Atlantic and East Indian interests were financially intertwined. |
166 | 145 | Our Governour & Councill at St Helena London 25 Sept 1687 We are now to give answer to both yours of the 25th of May & 7th July & also of November and 8th of December last past which we shall do in order Your further Discourse for St Helena and Bencoolen has for the publick advancement very great encouragement for the better settlement of the Revenue that we commend you for your care and prudence in the respect of that place already and that we approve the method you have used for the better management there and in such a manner that you make such an improvement upon the Government there have you enabled a greater supply and revenue which must in prudence and for the good of the Company be that that hath best the Company to meet answer the benefit of your Proceedings of Mr Black have been justified in the Bencoolen in that we find he hath behaved himself very well and done his utmost to serve our interest of trade in the long time he has spent about those Business he is going and we recommend unto you that you make use of him as you shall find him a very useful person and give him countenance and protection and give him all Dispatch which shall be necessary and that you do receive him of all further demands from us We approve of the order you made for the China trade to supply Bencoo len that you have made for our factors and all other persons which are fit to be employed in that service and that you make use of such means as we have taken to supply you with such provisions as are necessary for your use You are to be very careful and circumspect in your trade and dealings with all persons whatsoever and that you do not enter into any contracts or engagements but what shall be for the Company’s benefit and that you do take care to observe our orders in all things We have also taken some care to make alterations in our former orders in this kind not fit to make any more provisions for the same otherwise than those we have now given because we cannot well expect the returns of the goods we send unless there be good order taken in the management of the same and we have now settled the same We think not fit to make any alterations in the same and we expect you will observe our orders and directions therein and not depart from them We do not now think fit to give you any further instructions in this matter but we do expect that you will take care that all persons under your Government shall behave themselves well and orderly and that they shall be obedient to your commands and that they shall not be suffered to do any thing contrary to our orders or instructions We shall also take care to supply you with such things as you shall have occasion for and we do expect that you will give us a full account of your proceedings in all things and that you will use your utmost endeavours for the good of the Company and the improvement of the trade And so we remain Your very loving friends | The directors in London wrote to the Governor and Council of St Helena on 25 September 1687 to provide a formal response to several dispatches received between May and December of the previous year. They expressed great encouragement regarding the public advancement and settlement of the revenue on the island - commending the local leadership for their care and prudence. The directors approved of the current methods of management - noting that these improvements to the government were necessary to ensure a greater supply and revenue for the Company’s benefit. The proceedings of Mr Black at Bencoolen were specifically justified - with the directors noting that he had behaved very well and served the interests of trade during his long tenure. The Council was instructed to treat him as a useful person - providing him with countenance - protection - and any necessary dispatch. Furthermore - the directors approved of the orders made to supply Bencoolen through the China trade. They confirmed the appointment of factors and other personnel for this service and directed the Council to continue using the established means to supply necessary provisions. A strict warning was issued for the Council to be circumspect in all trade and dealings - ensuring that no contracts or engagements were entered into unless they directly benefited the Company. The London office indicated that while some alterations had been made to former orders - they did not intend to issue further changes at this time. They expected the Council to adhere strictly to these directions - as the return on goods sent from England depended entirely on good order and management. All persons under the local government were required to behave in an orderly manner and remain obedient to commands. The directors concluded by promising to supply the island’s needs while demanding a full account of all proceedings and a continued effort to improve the Company’s trade. Interpretations Revenue: The directors remained focused on making the island self-sustaining - viewing the local government primarily as a mechanism for generating enough income to cover its own administrative and military costs. China trade: This refers to the growing importance of the “country trade” between various Asian ports - where goods from China were used to supply the Company’s newer settlements like Bencoolen - reducing the need for direct shipments from Europe. Countenance: A term meaning official support or moral encouragement - signifying that an officer like Mr Black had the full backing of the London board against any local detractors. Perhaps: The directors’ refusal to make further alterations to their orders suggests a desire for a period of stability after the recent administrative shake-ups and rebellions. Circumspect: The requirement for caution in contracts was probably a response to previous instances where local officials had entered into private or poorly negotiated deals that disadvantaged the Company. |
167 | 146 | This Ship from Yo: place is bound for Bombay which is now become a flourishing Plantation being made the residence of our Generall and Councill of India, The Governour of the English Dominions in India and hath for the managing their Trade, the resort and residence of our English returning with us & coming in our traffick will be much therefore now request it for the English inhabiting there (besides conveniences & utilities and because we know your Island is abound with young Negro men which are idle and burdensome to the Inhabitants there, we doe desire you forthwith to send us as many of them as you can spare that is exceeding fourteen years of age with their consent, to take their passage in this Ship that is bound for Bombay paying the cost for their passage and to take care of them as their Master shall direct which board will have allowance for their maintenance and for their pains of such as shall be employed, that you also provide a sufficient number of Negroes to transport themselves as aforesaid for this further encouragement we have ordered that the Freight be remitted and they shall have their proportion of their victuals allowed them for the voyage and that they shall be well treated and provided for and that they shall have good usage and that they shall be paid their wages in due time and that they shall be well used and have their freedom after they shall have served the time agreed upon and that they shall be allowed such wages as shall be agreed upon between them and their Master We likewise order that if any of the condemned men whom we have sent you should desire to remove to Bombay that they shall have liberty to do so and that you shall give them their passage in this Ship and that they shall be employed in the service of the Company there and that they shall have such allowance as shall be thought fit for their maintenance and that they shall be subject to the Government there and that they shall be obedient to their Superiors and that they shall behave themselves well and orderly We have been informed with some suspicions of sudden proceedings in our Government there with Persons of no good management and some persons without any skill or capacity but most have been very ill chosen for the Government and administration thereof and that some have been negligent and careless in the discharge of their duty and that some have been guilty of great abuses and miscarriages in their offices which have been prejudicial to the Company’s interest and therefore we do hereby require you to take care that all such persons be removed and that fit and able persons be appointed in their places and that you do take care that all things be managed with prudence and integrity and that you do give us a full account of all your proceedings and that you do not omit any thing that may be necessary for the good of the Company and the welfare of the place | The directors informed the Governor and Council of St Helena that the ship currently at the island was bound for Bombay - which had recently been established as the flourishing residence of the General and Council of India. As the seat of the Governor of the English Dominions in India - Bombay was rapidly becoming a central hub for trade and the residence of English merchants. To support the growing needs of the Bombay plantation - the directors requested that young enslaved men over the age of fourteen be sent from St Helena. They noted that such individuals were perhaps burdensome to the current inhabitants and suggested that - with their consent - they should be transported to Bombay. To encourage this - the Company offered to remit the freight costs and provide victuals for the voyage. The directors insisted that these men be well treated - paid their wages in due time - and granted their freedom after serving the agreed-upon period of labour. Furthermore - any of the condemned men previously sent to St Helena who wished to relocate to Bombay were granted liberty to do so - provided they remained obedient to the government there. Serious concerns were raised regarding the administration of St Helena. The directors had received reports of “sudden proceedings” and the appointment of persons lacking the skill or capacity for management. Some officials were accused of being negligent or guilty of abuses that were prejudicial to the Company’s interest. Consequently - the Council was ordered to remove such unfit persons and replace them with able individuals who would manage affairs with prudence and integrity. The directors demanded a full account of these changes to ensure the welfare of the colony. Interpretations Bombay: Acquired by the English Crown as part of Catherine of Braganza’s dowry and later leased to the Company - this port was probably seen as a more defensible and commercially viable headquarters than Surat. Burdensome: This phrasing suggests that St Helena was experiencing a temporary surplus of labour or that the cost of maintaining young enslaved men was exceeding the agricultural value they provided to the planters at that time. Freedom: The promise of manumission after a fixed term of service indicates that the Company was using a system of term-limited slavery or “indentured” bondage to incentivise relocation to the more dangerous Indian stations. English Dominions: A bold term reflecting the Company’s transition from a purely mercantile entity to a territorial power with sovereign-like authority over its Asian holdings. Abuses and miscarriages: These legalistic terms refer to corruption - the embezzlement of stores - or the failure to follow the strict procedural rules laid out in the Company’s standing orders. Perhaps: The directors’ suspicion of “sudden proceedings” suggests they feared that local factions were making impulsive legal or administrative decisions without waiting for the slow cycle of instructions from London. |
168 | 147 | And that if he have a quarell or difference in new England he may personally repair in the right way to the obedience due from the inhabitants of St Helena there and so he remain Lord and governor of that Island, which brought him into the place of his own understanding As soon as you receive this put Mr Skelton in such a station as you think he may best serve the position you have by unanimity and unite upon all occasions with confidence and you are also to meet upon all emergencies and upon all matters and occasions it is judged good for your men to consult for the welfare of you and upon the advice which shall be made from such respective occasions for advancement of good order and any thing else you can think he may have need of, for he is well versed in some things and hath served us well heretofore and therefore you may safely trust him and see he be of good authority against things although we are found to see the advancement slighted by any that are heed or have half done them Injury Our Governour is to keep himself close and all men officers and imployed are to obey him and not to dispute his orders nor swerve from our orders and not to dispute any matters with him but to obey him and observe their duty or to be cashiered that they have no cause to complain or trust from you or their superiors for neglect of duty from our Governour and all other officers to give good management their particular charges and improvements all parts and upon all occasions to advance the interest of the Company and the publick good of the place and we have our Governour to exercise all due care and to see all persons the same to be used and we will no more have complaints or disputes then were on his shoulders since some time we have given him this authority Wee desire a strict watch to make some profitable productions upon that Island which in some measure recompences the prejudice we have sustained there upon all due management thoughts and diligence and care at lengths fixed upon the Plantations there and the making some quantity of Brandy which we have discoursed with you upon which have been done upon the Island that we have conveyed with proper materials which have been sent upon the Island that we have sent to you and the care that is to be taken that all things be done in order and the same be well managed and that care be taken for the preservation of the same and that the persons employed be careful and diligent in the management thereof and that they be subject to the Government and orders of the place and that they be obedient to their superiors and that they behave themselves well and orderly and that they do not do any thing that may be prejudicial to the Company or the place If you find any of the negroes that he can employ or some of such slaves useful in the service you may dispose them in the plantations and see they be well used and employed in their service and that they be not misused or abused and that they be provided with all things necessary for their subsistence and that they be kept in good order and discipline and that they be obedient to their superiors and that they behave themselves well and orderly and that they do not run away or abscond from their service and that they be punished according to their demerits if they offend And so we conclude and rest Your loving friends | The directors addressed the status of the Governor - reaffirming his role as the Lord and Governor of the island. They mandated that all inhabitants - officers - and employees owe him absolute obedience - explicitly forbidding any disputes or swerving from his orders. Those who failed to observe their duty were to be cashiered immediately. The Governor was instructed to maintain a close watch over all charges - ensuring that every part of the island’s administration was managed to advance the interest of the Company and the public good. Regarding personnel - the Council was ordered to place Mr Skelton in a station where he might best serve. Described as a man well-versed in the Company’s affairs who had served well in the past - Skelton was to be trusted and included in consultations during emergencies or matters concerning the welfare of the settlement. The directors urged a spirit of confidence and unanimity among the leadership to prevent the advancement of the island from being slighted by internal injury or neglect. To recompense the Company for the financial prejudices sustained on St Helena - the directors called for the development of profitable productions. Specifically - they discussed the distillation of brandy and noted that proper materials had been sent to the island for this purpose. They required that this new industry be managed with strict diligence and that the persons employed therein remain subject to the government’s orders to avoid any actions prejudicial to the Company. The directors also provided instructions for the management of the enslaved population. Useful slaves were to be disposed within the plantations and provided with necessary subsistence - though they were to be kept under strict discipline. While the directors ordered that they not be misused or abused - they also commanded that any who attempted to abscond or run away be punished according to their demerits. The dispatch ended with a general call for all persons to behave orderly and remain obedient to their superiors. Interpretations Cashiered: A formal military and administrative term for a dishonourable dismissal from service - often involving the loss of all back-pay and benefits. Brandy: The attempt to produce spirits on the island was probably an effort to create a high-value export or to reduce the cost of importing alcohol for the garrison and visiting ships. Mr Skelton: His reappointment and the instruction to trust him suggest he was a “Company man” whose experience was needed to stabilize the local government after recent periods of mismanagement. Perhaps: The insistence that the Governor “keep himself close” might suggest a need for personal security or a more detached - authoritative style of leadership to command respect from a formerly rebellious population. Demerits: A legalistic way of describing offences or failures in duty - implying that punishments for the enslaved population were to be calibrated according to the severity of their “crimes” against the Company’s order. |
169 | 148 | Mr Bovice as you receive our instructions for his good reputation to those places at our service where he is to stay and to have the approbation of his good conduct and to carry himself well with all persons that he shall meet and to observe all our orders and directions and that he do not offend or give any occasion of complaint Martha Burton gives some complaints and complains of several things taken away from her at St Helena and we have therefore thought fit to write to the Governor there that he do restore what is due to her and that she be righted in all her demands and that she be allowed to prosecute her right and to have justice done her in all things and that she be not wronged or injured in any manner whatsoever The means of doing good there we have now given you and we must continue to command you to use all diligence and care in the execution thereof and to apply yourselves to the management of all things in a good and orderly manner and to use your best endeavours to promote the interest of the Company and the good of the place and that you do not omit any thing that may be necessary for the same We have also removed some persons from their employment for their miscarriages and have placed others in their stead who we hope will behave themselves better and that you do take care to see them perform their duty and that they do not neglect the same We have also ordered that all goods and provisions be carefully managed and that there be no waste or embezzlement thereof and that you do take care to preserve the same and to make a good account thereof and that you do not suffer any person to misapply or misimploy the same We believe our Government is conscientious and hath no design but to serve the Company and the publick good and we do expect that you will assist him in the execution of his office and that you will give him all due respect and obedience Mr Skelton must not write after the ships departure any letters but such as shall be directed and approved by the Governor and Councill and that no other letters be sent but what shall be so approved We send you two proclamations of our pleasure for the better settlement of the Island which you are to publish and to cause the same to be observed and kept and that you do take care that they be put in execution and that all persons do conform themselves thereunto And so we remain your loving friends | The directors commended Mr Bovice to the Council - noting his good reputation and charging him to maintain high standards of conduct during his service. He was strictly ordered to observe all Company directions and to avoid giving any cause for complaint. This emphasis on character suggests the directors were seeking to populate the administration with reliable men after recent periods of instability. A specific legal matter was addressed regarding Martha Burton - who had lodged formal complaints concerning property taken from her on St Helena. The directors commanded the Governor to restore what was rightfully hers and to ensure she was allowed to prosecute her claims without being wronged or injured. This instruction reflects the Company’s role as a judicial authority - ensuring that even individual inhabitants could - at least in theory - appeal to London for justice against local officials. The directors reiterated that they had provided the necessary means for the island’s improvement and expected the Council to use all diligence in their execution. They confirmed the removal of several persons from their employ due to “miscarriages” and replaced them with new officers who were expected to perform their duties with greater care. Strict oversight of goods and provisions was mandated to prevent waste or embezzlement - with the Council held accountable for a precise record of all Company property. The dispatch expressed full confidence in the conscientiousness of the current Government - asserting that it had no motive other than the service of the Company and the public good. To ensure unified communication - Mr Skelton was forbidden from writing any letters after a ship’s departure unless they were first approved by the Governor and Council. The directors concluded by sending two formal proclamations for the settlement of the island - which were to be publicly read and strictly enforced to ensure all persons conformed to the Company’s pleasure. Interpretations Martha Burton: Her ability to reach the London directors indicates that the “petition of grievances” was a functional - if slow - part of the seventeenth-century colonial legal system. Miscarriages: A term used here to describe failures in professional duty - ranging from simple incompetence to active corruption or the mismanagement of Company funds. Embezzlement: The directors remained deeply concerned about the “shrinkage” of stores - as the remote nature of St Helena made every barrel of flour or cask of beef a high-value asset prone to theft. Proclamations: Formal public announcements - often read aloud at the marketplace or church door - used to codify new laws or reinforce the Company’s authority over the inhabitants. Perhaps: The restriction on Mr Skelton’s private correspondence was probably intended to prevent “whistleblowing” or the sending of unofficial reports to London that might contradict the Governor’s official narrative. |
170 | 149 | upon any mans desire and tell you have what he professes may prove he may proceed Agents being persons to us with a fidelity from you shall be to be paid their wages which we thought have been already paid but that we find there was a person whom we found was put in the place by Mr [...] and was dismissed through the forward and much at request but yet that the money might be imployed for him upon his account and so that the said two days salary which remained may be made good to the said and others shall be accounted to them from this time so you may order the payment of money accordingly and observe that persons you meet with shall be comptable for all sums coming to their hands but Mr [...] we sense is not responsible which we should not intentionally doubt for our Governours benefit We have had a complaint made to us by an inhabitant of St Helena who came to us from the Bay and that provisions were denied him upon the inhabitants provisions which we never directed neither do we allow of any such practice nor to get on any of the planters provisions but leave them to their own liberty where or what way they can except only those which we formerly directed You may therefore upon this ship the longer it be at age our pleasure in this island to see provisions to be sent and provided of Bombay and investing the said and dispatch it If you meet with Robert [...] upon any of his returning ships you may interpose him on his behaviour at the Island to give him countenance and he shall suffer no injury We have in your former generall gave it to you and also instructions to the Commander of one returning ship that he should touch at our island St Helena and not to omit it on his return from expeditions of the and other of our ships to accompany them in their voyages for England but order it is the resolution with reference to the same that England upon the said resolution with reference to the same that all persons and ships are and accordingly do require you from time to time that ships shall hence forth have their residence in England for any other respect than after they are refreshed in St Helena or any opportunity to make the best of their voyage for England and by no means upon any pretence whatsoever to remain any longer upon the said Island than being on any opportunity that shall be from time to time declared and Queen Mary whether there be any ships going or declaring any departure you are to give particular notice and directions to our Commander accordingly to proceed and our affairs to the good management protection of the same We remain your loving friends vera copia per me John Vernon | The directors addressed the payment of wages for certain agents - noting a discrepancy in the salary of an individual dismissed from his post. They ordered that any outstanding money should be made good and accounted for - while cautioning the Council to ensure that all persons handled Company funds with accountability. They expressed specific doubt regarding the responsibility of a Mr [...] - whose financial reliability was questioned in relation to the Governor’s benefit. A significant complaint from a former inhabitant of St Helena - who had arrived in London from the Bay - was also resolved. The individual alleged that his provisions had been denied based on local practices that the directors claimed never to have authorised. They strictly forbade any interference with the planters’ liberty to manage their own provisions - except where previously directed. Furthermore - the Council was instructed to use the current ship to arrange for provisions to be sent to Bombay. The directors also provided instructions regarding Robert [...] - suggesting that if he were encountered on a returning ship - he should be treated with countenance and protected from injury - provided his behaviour remained appropriate. This implies that certain individuals - perhaps former rebels or those in official disfavour - were being monitored during their travels between colonies. The policy for returning vessels was clarified to ensure the efficiency of the Company’s maritime network. Commanders were ordered to touch at St Helena to refresh their crews and ships but were strictly prohibited from remaining any longer than necessary. Upon the first opportunity - and after receiving notice of any other departing vessels - they were to proceed directly to England. The directors mandated that no pretence should be used to delay these voyages - as the timely arrival of ships in London was a matter of vital concern for the management of the Company’s affairs. Interpretations The Bay: Likely a reference to the Bay of Bengal - indicating the extensive geographical reach of the individuals and complaints moving through the Company’s network to London. Salary: The meticulous attention to “two days salary” illustrates the directors’ granular oversight of colonial payrolls to prevent the misuse of funds by local officials. Perhaps: The instruction to not “get on any of the planters provisions” suggests the directors were trying to protect the smallholders from being exploited by the military garrison or the local government. Queen Mary: A reference to the reigning monarch of England - used here in the context of official declarations or the departure of the Royal fleet with which Company ships were expected to coordinate. John Vernon: The official who certified this document as a vera copia or true copy - ensuring that the legal weight of the directors’ commands was maintained during its transit to the South Atlantic. |
171 | 150 | Our Governour & Councell of St Helena London May 1689 We have received an order from his Ma[jes]ties under his signe Manuel of which inclosed we send you a true Copy in which he is pleased to give us directions what we are to doe in relation to St Helena concerning the revenues thereof have not yet gott the least lead of it through his Ma[jes]ties having signed a warrant for the Company to proceed there as to put the same and we thinke there has beene a good deal said of what hath beene in the informations of the same which is very deficient and spake and therefore being we may not have another opportunity to write to you very speedily we have thought good to communicate to you two things and to sett them down here at present that you may know which you while receive herewith will long the observations of all French ships from after this first notice which timely prevented the future irrup[ti]on of them and And thereupon we conceive you to be very cautious how you admit any French ships into your ports and to stand upon your guard against all actions for securing the Island from all attempts of the French Nation What orders you shall have occasion to make use of for defence of your said Island and performance thereof you are to give such orders as you shall thinke fit and the Board has designed one board for Bombay for which you are to give a receipt to be given him for his monies Your loving friends vera copia per me John Vernon | The directors wrote to the Governor and Council of St Helena in May 1689 to communicate royal instructions received under the King’s sign manual. These directions concerned the management of the island’s revenues - a matter the directors noted had previously lacked clear guidance. Although a warrant had been signed for the Company to proceed - the directors found the existing information regarding the revenue to be deficient and vague. Given the urgency of the international situation - the directors used this dispatch to issue a critical warning regarding the French Nation. The Council was instructed to be extremely cautious and to prevent the irruption of French ships into the island’s ports. They were ordered to stand upon their guard and to implement all necessary measures for the defence of St Helena against potential French attempts or actions. The Governor and Council were granted full authority to issue any orders they deemed fit for the performance of this defensive mandate. Additionally - the directors noted that a board had been designated for Bombay - for which a formal receipt was required to account for the associated monies. The document was certified as a true copy by John Vernon. Interpretations Sign Manual: The personal signature of the King - giving the enclosed instructions the highest possible legal and sovereign authority over the Company’s charter. French ships: This warning coincides with the beginning of the Nine Years’ War - during which England and France were at open conflict - making St Helena a primary target for French privateers or naval squadrons. Irruption: An archaic term for a sudden - violent entry or invasion - reflecting the directors’ fears of a surprise amphibious assault on the island’s fortifications. Perhaps: The directors’ complaint that the information on revenues was “deficient” suggests that local officials on St Helena may have been withholding financial data or failing to keep accurate ledgers during the transition of power in England. Bombay: The continued mention of Bombay in relation to St Helena’s finances shows that the island was functioning as a logistical and monetary clearing house for the Company’s Indian headquarters. |
172 | 151 | Our Governour and Councill of St Helena London the 18th May 1689 We hav recd his Ma[jes]ties warrant under the great seale of England commy directed we herewith send you the warrant whereby the freight is ordered for to disprize the said and take by force of armes any French that shall come into any part of the Island of St Helena and upon such seizure you are to take the goods on shore that shall be found in such seizure you are to take the goods on shore that shall be found in any of the said French ships and make a true inventory thereof and keep them in safe custody untill you have an opportunity of sending the same home unto us or your returning ships taking some part thereof on board you are carefully to collect Bills of Lading and others papers found on board and to transmit them with the said ships unto the Generall Resident at Surat or India at Bombay there to be made use of for proceedings against the said ships and damages you shall receive and send us by the first opportunity advice of such seizure by these letters and prevent all the said French ships outward bound or homeward bound passing or attempting any design for the Island or aboard as opportunity shall serve or meet with any of the said French ships outward bound or homeward bound passing or attempting any design for the Island or aboard as opportunity shall serve or meet with any of the said French ships outward bound or homeward bound passing or attempting any design for the Island or aboard Being we remaine Your loving Friends Vera copia John Vernon Benj: Bathurst Govr [...] Wild Depy Govr [...] Johnson [...] de Bourne John Moor[e] [...] Sedgwick Tho: Fredericke J: Edward Fra[...] Tysor Richd: [...] Math: Tench Tho: Cole John [...] Sam: Langhorne Joseph Heme | The directors in London issued a severe command to the Governor and Council of St Helena on 18 May 1689 - acting upon a warrant under the Great Seal of England. This royal authority empowered the Company to use force of arms to seize any French vessel entering the island’s waters. The directors ordered that upon such a seizure - all goods found on board must be brought ashore - meticulously inventoried - and kept in safe custody. The Council was instructed to collect all bills of lading and maritime papers found on the captured ships. These documents were to be transmitted to the General Resident at Surat or to the authorities in Bombay to serve as legal evidence for proceedings against the vessels and to account for any damages. The directors emphasized the necessity of preventing any French ships - whether outward or homeward bound - from attempting any design against the island or its shipping. Any such seizures were to be reported to London by the first available opportunity. This dispatch - signed by Governor Benjamin Bathurst - Deputy Governor Josiah Child - and a large number of the Company’s committee members - marks a definitive shift toward open maritime warfare in the South Atlantic. The document was certified as a true copy by John Vernon. Interpretations Great Seal: The ultimate instrument of state power in England - signifying that the Company’s private war against French shipping was fully sanctioned by the English Crown. Bills of Lading: The legal documents detailing the cargo on a ship; in the context of naval warfare - these were essential for the Prize Courts to determine the value of captured goods. Force of arms: A direct instruction for the St Helena garrison to engage in combat - transitioning the island from a mere supply depot into a strategic military fortress. Surat: Though Bombay was the new administrative centre - Surat remained a critical trade hub and a location for the Company’s legal and maritime courts in India. Perhaps: The repetitive nature of the instructions regarding French ships in this dispatch reflects the extreme anxiety in London concerning the vulnerability of the East India trade during the outbreak of the war with France. Safe custody: This was a warning to the local officials not to plunder captured French ships for personal gain - but to ensure all “prize” goods were preserved for the Company’s profit. |
173 | 152 | Mr [...] Blackburn Stansted 20 Feby 1688 We have recd all yo[...] letters concerning being in the in the business except the last concerning [...] In the business of Mr [...] and your [...] which you write of him understanding according to your receipt that you shall receive of the [...] of the Sea of London which you have received and [...] [...] had made some persons more [...] and behold him but as none of the effects of his voyage was manifested from you we have not cause to think that much good can be done and you must not [...] the matter any further but as may require of the Company from you concerning the estate and money from such places which you and his train ought have accompanied with their exigency right and among these to consider well that what is in possession belongs to the from this side and that it is not to be aliened but to be retained [...] and consider their persons which are not fit for other their own or more advantagious to their present convenience where provision is to be made by them and have regard to what they are to dispose with that care for themselves and the inhabitants of St Helena Bombay and Fort St George let the Company subject and his Majesties Should not suffer into any of your factories disorders concerning generally all the time as well as the present and future [...] and especially that publick dispositions and transactions and all dominions charges and estates appertaining them by whom that must be accounted and that you do not suffer any person to take upon him authority who has not warrant at the bottom from you that through the Company you are not to encourage [...] the English and regulation of the Companys domination We have as Blackburn concerning people as we have sent and think you will do all to [...] and him as you are by all means to do so you may not in the [...] so much more necessary and durable disposed maintenance and bettering him and others that he is not fit through any means or an agreement by which he would maintain gains nor does it appear any fit right or provision You are to keep him clean and to pay him well but under inspection and if he cannot refrain that otherwise his [...] removes him You must be very nimble in securing our stores to see that all arms of the Company be which properly it may be set [...] from all [...] have been given the benefit that is guarded upon all sides that nothing from the said store shall be taken particular care to be taken of the money and goods and for that end our generall packet shall be directed to yourselves or in case of your death or to direct to the Companys You remember you may some years past very much import Mr Beale and do believe him to have much by him we removed him at none we doe not doubt and know you are to have a care for the assistance thereof which you may do by the Companys stock to be disposed to be used as you shall receive no further orders Your very affectionate friends Vera copia John Vernon | The directors wrote to Mr Blackburn on 20 February 1688 to address several matters of estate - security - and personal conduct within the Company’s service. They noted that the effects of a certain voyage had not been manifested as expected - leading them to doubt that much good could come from the matter. Consequently - they ordered that no further action be taken regarding the estate and money of the person in question - except as required by the Company. They emphasized that all property in the Company’s possession must be retained and not aliened - as it belonged to the Company’s side. A strong warning was issued against the breakdown of order within the factories. The directors demanded that the Company’s subjects and his Majesty’s interests not suffer from any disorders in St Helena - Bombay - or Fort St George. They specifically forbade anyone from assuming authority without a proper warrant from the directors - insisting that all public dispositions and transactions be strictly accounted for. Regarding a specific individual in the Company’s care - likely a subordinate or a person of concern - the directors ordered that he be kept clean and paid well. However - he was to remain under strict inspection. If he could not refrain from improper behaviour - the directors suggested that his removal might be necessary. Security of the Company’s assets was a primary focus. The directors ordered the administration to be “nimble” in securing stores and ensuring that all arms were properly guarded on all sides to prevent theft. They also instructed that the general packet of correspondence be directed personally to the leadership - or to the Company’s designated successors in case of death. Finally - they recalled the case of Mr Beale from several years prior - believing him to be in possession of significant Company stock. They ordered that care be taken to assist in the recovery or disposal of these assets as the Company’s interests required. Interpretations Aliened: A legal term meaning to transfer the ownership of property to another; the directors were strictly forbidding the private sale or gift of Company assets. Fort St George: The Company’s fortified headquarters in Madras (now Chennai) - which alongside Bombay and St Helena formed the strategic triangle of English power in the 1680s. Nimble: An unusual choice of word in official correspondence - perhaps reflecting the directors’ urgency in protecting weapons and bullion from internal theft or external raid. Under inspection: This suggests a form of supervised service or house arrest for individuals who were useful to the Company but considered a liability due to their personal habits or character. Warrant at the bottom: A requirement that every official act be backed by a written document signed by the directors in London - serving as the only legitimate source of power in the colonies. |
174 | 153 | The Wright Worshipp Sr John Blackmore of the Island St Helena & and Councill As I am concerned of the John and money to the bearer of where he is now under your Governmt where I formerly had the Charge of of the Shipmen well and have had the misfortune of some poor service me therefore desire that you would be kind to him and in respect I have related to no matter of the Complaints of your suffering from him [...] Watter - lb: 10: 2: 6 Anchorage - 00: 5: 0 For a boat hire 00: 0: 0 30: 7: 6 Then his touching at you on his last homeward bound voyage merely because of some offence or because in the Indies Company was late to you that sent to him but having touched at the Bay and expecting more from thence and what was due to him from thence but staying when I am not able to see a full account see he hath not paid so much which he do beg you would consider him and pay all that shall be due if you see no reason to the contrary but if you have done that already with respect to the Honble Comp I presume he has been since by this Enclosed from you and all the rest I cannot suppose for the new affaires I pray God and you may be a very prosperous issue I stay and most respect to the Honble Company I remain Your very loving Friend and humble servant Horsseller Fringkheim Inland House 11: Oct: 1688 Vera copia John Vernon | Horsseller Fringkheim wrote to Governor John Blackmore and the Council of St Helena on 11 October 1688 regarding a financial matter involving the bearer of the letter. Fringkheim - who had formerly held charge of certain shipmen - requested that the Governor show kindness to this individual despite any previous misfortunes or minor service issues. The correspondence included a specific accounting of costs related to water - anchorage - and boat hire - totalling £30 7s 6s. The letter addressed a dispute over payments stemming from a previous homeward voyage. Fringkheim noted that the individual had touched at the island - perhaps causing some offence to the Company - but explained that the delay in settling accounts was due to unfulfilled expectations of funds from the Bay. Fringkheim pleaded with the Governor to consider the man’s circumstances and pay whatever was due to him - provided no significant reason existed to the contrary. Fringkheim concluded by expressing his respect for the Honorable Company and offering prayers for a prosperous issue to the island’s new affairs. The document was certified as a true copy by John Vernon. Interpretations John Blackmore: The Governor of St Helena at the time - to whom the directors often looked for the strict enforcement of Company discipline and the collection of debts. Water and Anchorage: Standard maritime fees charged to ships for the right to use the island’s resources; the specific listing of these costs indicates a formal attempt to resolve a private debt through the Governor’s office. The Bay: Likely the Bay of Bengal; the mention of expecting money from there reflects the interconnected nature of private and Company trade - where a merchant’s liquidity often depended on the arrival of ships from India. Perhaps: The individual’s “misfortune” or “offence” may have been a breach of maritime protocol or a failure to pay the required port fees - which Fringkheim was attempting to mitigate through this character reference. Prosperous issue: A polite closing phrase common in seventeenth-century letters - wishing the Governor success in navigating the political and economic challenges facing the settlement. |
175 | 154 | Blank page | |
176 | 155 | The East India Companies Charter granted by the Kings most Excellent Majestie Charles the Second under the great Seale of England Dated the third Day of Aprill in the 13th yeare of his Reigne 1661 Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c To all to whom these presents shall come greeting Whereas our wellbeloved subjects the Governour and Company of Merchants trading to the East Indies have been by sundry Charters and Letters Pattents of us and our Royall Progenitors for the better and more orderly carrying on of the Trade of Merchandize to and from the East Indies and for the better Government of the said Company and of all Factors Servants and others imployed in the said Trade and for the better support and encouragement thereof incorporated and made one Body Corporate and Politique in Deed and in Name by the name of the Governour and Company of Merchants of London trading to the East Indies and by the same name have had perpetuall succession and a Common Seale and have had power to purchase Lands Tenements and Hereditaments and to grant the same and to plead and be impleaded answer and be answered in all Courts and places whatsoever and also to make Lawes Ordinances and Constitutions for the good Government of the said Company and of all Merchants Factors and Servants imployed in the said Trade and to impose reasonable fines penalties and punishments upon the offenders therein and to exercise Jurisdiction over the same and also to make warre and peace with any Prince or people not being Christians in any places of their Trade and to erect Forts and Factories and to plant Colonies and to appoint Governours and Officers over the same and to transport such persons as shall be willing to goe thither and to grant them Lands Tenements and Hereditaments and to give them Priviledges and Immunities for their encouragement and also to coin money and to doe all other things which by our said Charters and Letters Pattents are granted unto them and whereas notwithstanding the said Charters and Grants divers Inconveniences have arisen and may arise in the Execution thereof We therefore being willing to provide a remedy for the same and to enlarge and confirme the said Charters and Grants and to give further Powers and Authorities unto the said Governour and Company and their Successors for the better carrying on and managing of the said Trade and for the better Government of their Servants and others imployed therein and for the better encouragement of all persons that shall adventure themselves in the said Trade and for the better securing and defending of the said Trade and for the better improvement of the same Have of our especiall grace certain knowledge and mere motion given and granted and by these presents for us our Heires and Successors do give and grant unto the said Governour and Company of Merchants of London trading to the East Indies and their Successors that they and their Successors shall and may from time to time for ever hereafter have use and enjoy all and singular the Liberties Priviledges Powers Authorities Immunities Profits and Advantages whatsoever which by our said Charters or any of them are granted or intended to be granted unto them or any of them and also all such further Liberties Priviledges Powers Authorities Immunities Profits and Advantages as are herein after expressed [...] | The Royal Charter granted by King Charles II on 3 April 1661 reaffirmed and expanded the legal foundations of the Governor and Company of Merchants of London trading to the East Indies. This document established the Company as a body corporate and politic - granting it perpetual succession and the authority to use a common seal. Through this charter - the Company was empowered to purchase and grant land - to plead in all courts - and to establish its own laws and ordinances for the governance of its factors - servants - and merchants. The King granted the Company extraordinary powers to secure its commercial interests - including the right to impose fines and punishments on offenders under its jurisdiction. Crucially - the charter authorized the Company to make war or peace with any non-Christian prince or people within its trade regions. It also provided the legal right to erect forts - establish factories - and plant colonies. To encourage the growth of these settlements - the Company was permitted to transport willing subjects - grant them land and immunities - and even coin its own money. Acknowledging that certain inconveniences had arisen in the execution of previous grants - Charles II intended this charter to provide a remedy by confirming and enlarging the Company’s authorities. These further powers were granted to better manage the trade - encourage those who adventured their capital or persons in the East Indies - and ensure the secure defence and improvement of the Company’s vast maritime and territorial interests. Interpretations Body Corporate and Politique: A legal status that allowed the Company to act as a single person in the eyes of the law - enabling it to own property and enter into contracts that survived the death of individual members. Non-Christian: This specific distinction in the charter provided the legal justification for the Company to use military force and sovereign diplomacy in Asia and Africa without the direct oversight of the English Parliament or Crown. Letters Pattents: The formal written instruments from the Monarch that granted the Company its monopoly on trade - which were frequently challenged by “interlopers” or private merchants. Coin money: The right to mint currency was a high sovereign privilege - allowing the Company to create a medium of exchange - such as the silver fanams or rupees - tailored for local trade in its various factories. Common Seale: The physical stamp used to validate official documents; it represented the collective authority of the Company and made its orders legally binding across its global jurisdictions. Perhaps: The mention of “sundry Charters” refers back to the original Elizabethan grant of 1600 - showing that the 1661 document was a modern restatement of Company power intended to reflect the Restoration of the Monarchy. |
177 | 156 | [...] acting in such manner and forme as is proposed of this Realme of England being of age able and capable in body of good health purchase receive and possesse any lands tenements goods chattells and dispos[...] that they and every of them shall be seized to permit his servants and that the said Governour and Company of Merchants of London trading into the East Indies and their Successors may have a common Seale for ever and all the profits and benefits of them and their Successors in their trade and make use of the said Governour and Company and their Successors are distinguished from time to time at their will and pleasure trade or traffique unto and from all and singular the East Indies or elsewhere expedient and necessary We will and by these presents for us our heires and successors doe grant that from henceforth one of the said Company to be Governour appointed in such forme as hereafter in these presents is expressed which shall be one of the said Company who shall be called and appointed in such forme as hereafter in these presents is expressed which shall be chosen committee of the said Company who together with the Governour of the said Company for the time being shall have the direction of the voyages of the said Company and and the provision of the shipping and merchandizes thereunto belonging and also the sale of all merchandizes goods and other things belonging unto the said Company for the time being and also the ordering disposing of all other business affaires and things belonging to the said Company for the time being will and grant by these presents for us our heires and successors unto the said Governour and Company of Merchants of London trading into the East Indies and their successors that they shall Governours and Company and their successors from henceforth for ever have full power and authority according to such manner and forme as is hereafter in these presents expressed and not otherwise in any wise howsoever and further we will and grant by these presents that they shall have full power and authority and government and jurisdiction in the said Trade and Plantations and no other Company whatsoever shall have power to trade into the East Indies but the said Governour and Company of Merchants of London trading into the East Indies and their successors for ever And we further of our speciall grace certain knowledge and mere motion have given and granted and by these presents for us our heires and successors do give and grant unto the said Governour and Company of London trading into the East Indies and their successors that they shall have Governours and Company and their successors for ever full power and authority to nominate constitute and appoint such Governors and Officers as shall be necessary for the governing and ordering of the said Trade and Plantations and also to make Lawes Ordinances and Constitutions for the good Government of the said Trade and Plantations and the persons imployed therein and to impose reasonable fines penalties and punishments upon the offenders therein and to exercise jurisdiction over the same And we further will and grant by these presents for us our heires and successors that the said Governour and Company and their successors shall and may from time to time for ever hereafter have use and enjoy all and singular the Liberties Priviledges Powers Authorities Immunities Profits and Advantages whatsoever which by our said Letters Pattents are granted or intended to be granted unto them or any of them and also all such further Liberties Priviledges Powers Authorities Immunities Profits and Advantages as are herein after expressed | The charter established that the Governor and Company of Merchants of London trading into the East Indies - along with their successors - were granted the legal capacity to purchase - possess - and dispose of lands - tenements - and goods within the realm of England and its territories. This authority was to be exercised through a common seal - which served as the permanent mark of the corporation’s collective identity. The directors were empowered to manage all profits and benefits arising from their trade - with the freedom to conduct traffic to and from the East Indies as they deemed expedient. The internal governance of the Company was structured around a Governor and a committee of members. These individuals held the direction of all voyages - including the provision of shipping and the management of merchandise. They were granted the exclusive right to order and dispose of the Company’s business affairs - ensuring that no other company could legally trade within the same jurisdiction. This monopoly was intended to be perpetual - providing a stable framework for long-term commercial planning. Furthermore - the King granted the Company full power and authority to nominate and appoint the governors and officers necessary for the ordering of its plantations and trade. This included the right to draft laws - ordinances - and constitutions to maintain good government among its employees. To enforce these rules - the Company was authorised to impose reasonable fines - penalties - and punishments upon offenders. These extensive liberties and immunities were confirmed as permanent rights - intended to secure the Company’s dominance and the orderly administration of its growing colonial interests. Interpretations Common Seale: This physical object was the legal signature of the Company; any contract or order stamped with it carried the full weight of the corporation’s authority - regardless of which individual directors were in office. Committee: This body - which later evolved into the Court of Directors - was the executive heart of the Company - responsible for the minute details of logistics - finance - and personnel management across the globe. Traffique: An older term for trade and commerce; its use here highlights the Company’s primary purpose as a maritime entity focused on the exchange of goods between distant markets. Perhaps: The insistence that “no other Company whatsoever” should have power to trade reflects the Crown’s desire to prevent domestic competition - which was seen as damaging to national interests and the stability of the spice and textile markets. Body of good health: This requirement for those purchasing land or holding office suggests a preference for robust - capable individuals who could withstand the rigours of seventeenth-century administration and the long voyages required by the service. |
178 | 157 | Item Committies shall be chosen in form hereafter expressed and further wee will and grant by these presents for us our Heires and Successors unto the said Governour and Company of Merchants of London Trading into the East Indies and their Successors That it shall and may be lawfull to and for the said Governour and Company for the time being or the more part of them present at any publique Assembly commonly called the Court of Committees Holden for the said Company the Governour of the said Company being present from time to time to elect Nominate and Appoint one of the said Company to be Deputy to the said Governour which Deputy shall take a Corporall Oath to be true to the Governour in the name of the Committees of the said Company for the time being well and faithfully and truly to execute his said Office of Deputy Governour and shall after his Oath taken shall and may from time to time in the absence of the said Governour Exercise and Execute the Office of Governour of the said Company in such sort as the said Governour ought to do and further we will and grant by these presents for us our Heires and Successors unto the said Governour and Company of Merchants of London Trading into the East Indies and their Successors That they and their Successors from time to time at all times hereafter shall and may have Authority and power yearly every year between the last day of September to Assemble to meet together in some con venient place to be appointed from time to time by the Governour or in his absence by the Deputy of the said Governour for the time being And that they being so Assembled it shall and may be lawfull to and for the said Governour Deputy of the said Governour and the said Company for the time being or the greater part of them which then shall be present to choose and elect one of the said Company for the time being to be Governour of the said Company for one whole year from thence next following which person being so Elected and Nominated shall be Governour of the said Company and shall before he shall enter upon the Execution of the said Office shall take a Corporall Oath administred to him by the said Deputy or the more part of the Committees of the said Company for the time being before the last day of September then next following of the said Company for the time being That he shall well and truly execute the said Office of Governour of the said Company according to the Trust in him reposed And after the said Oath so taken he shall have and may use and exercise the said Office of Governour of the said Company for one whole year from thence next following And in case the said Governour so to be chosen as aforesaid shall happen to dye before the said Company shall have had a Corporall Oath to him administred for the said Office Then and in such case the said Company shall proceed to a new Election of another person to be Governour in manner and forme as is before expressed | The charter established that the Governor and Company of Merchants of London trading into the East Indies - along with their successors - were granted the legal capacity to purchase - possess - and dispose of lands - tenements - and goods within the realm of England and its territories. This authority was to be exercised through a common seal - which served as the permanent mark of the corporation’s collective identity. The directors were empowered to manage all profits and benefits arising from their trade - with the freedom to conduct traffic to and from the East Indies as they deemed expedient. The internal governance of the Company was structured around a Governor and a committee of members. These individuals held the direction of all voyages - including the provision of shipping and the management of merchandise. They were granted the exclusive right to order and dispose of the Company’s business affairs - ensuring that no other company could legally trade within the same jurisdiction. This monopoly was intended to be perpetual - providing a stable framework for long-term commercial planning. Furthermore - the King granted the Company full power and authority to nominate and appoint the governors and officers necessary for the ordering of its plantations and trade. This included the right to draft laws - ordinances - and constitutions to maintain good government among its employees. To enforce these rules - the Company was authorised to impose reasonable fines - penalties - and punishments upon offenders. These extensive liberties and immunities were confirmed as permanent rights - intended to secure the Company’s dominance and the orderly administration of its growing colonial interests. Interpretations Common Seale: This physical object was the legal signature of the Company; any contract or order stamped with it carried the full weight of the corporation’s authority - regardless of which individual directors were in office. Committee: This body - which later evolved into the Court of Directors - was the executive heart of the Company - responsible for the minute details of logistics - finance - and personnel management across the globe. Traffique: An older term for trade and commerce; its use here highlights the Company’s primary purpose as a maritime entity focused on the exchange of goods between distant markets. Perhaps: The insistence that “no other Company whatsoever” should have power to trade reflects the Crown’s desire to prevent domestic competition - which was seen as damaging to national interests and the stability of the spice and textile markets. Body of good health: This requirement for those purchasing land or holding office suggests a preference for robust - capable individuals who could withstand the rigours of seventeenth-century administration and the long voyages required by the service. Interpretations The charter established that the Governor and Company of Merchants of London trading into the East Indies - along with their successors - were granted the legal capacity to purchase - possess - and dispose of lands - tenements - and goods within the realm of England and its territories. This authority was to be exercised through a common seal - which served as the permanent mark of the corporation’s collective identity. The directors were empowered to manage all profits and benefits arising from their trade - with the freedom to conduct traffic to and from the East Indies as they deemed expedient. The internal governance of the Company was structured around a Governor and a committee of members. These individuals held the direction of all voyages - including the provision of shipping and the management of merchandise. They were granted the exclusive right to order and dispose of the Company’s business affairs - ensuring that no other company could legally trade within the same jurisdiction. This monopoly was intended to be perpetual - providing a stable framework for long-term commercial planning. Furthermore - the King granted the Company full power and authority to nominate and appoint the governors and officers necessary for the ordering of its plantations and trade. This included the right to draft laws - ordinances - and constitutions to maintain good government among its employees. To enforce these rules - the Company was authorised to impose reasonable fines - penalties - and punishments upon offenders. These extensive liberties and immunities were confirmed as permanent rights - intended to secure the Company’s dominance and the orderly administration of its growing colonial interests. Interpretations Common Seale: This physical object was the legal signature of the Company; any contract or order stamped with it carried the full weight of the corporation’s authority - regardless of which individual directors were in office. Committee: This body - which later evolved into the Court of Directors - was the executive heart of the Company - responsible for the minute details of logistics - finance - and personnel management across the globe. Traffique: An older term for trade and commerce; its use here highlights the Company’s primary purpose as a maritime entity focused on the exchange of goods between distant markets. Perhaps: The insistence that “no other Company whatsoever” should have power to trade reflects the Crown’s desire to prevent domestic competition - which was seen as damaging to national interests and the stability of the spice and textile markets. Body of good health: This requirement for those purchasing land or holding office suggests a preference for robust - capable individuals who could withstand the rigours of seventeenth-century administration and the long voyages required by the service. |
179 | 158 | [...] part of them in any publique Court to be held for the said Company shall be in reasonable manner well and Devised before they shall be allowed or admitted to Trade or Traffique in a free manner of the said Company and farther Wee and grant by these presents for Us our Heires and Successors unto the said Governour and Company of Merchants of London Tra ding into the East Indies and their Successors That the Governour or Deputy of the said Governour and the Company and their Suc cessors for the time being or the greater part of them Whereof the Governour or the Deputy of the Governour from time to time to be one shall and may from time to time and at all times hereafter have Authority and power yearly and every year between the tenth and the last day of Aprill to assemble and meet together in some Con venient place to be from time to time Appointed to be Governour of the said Company or in his absence the Deputy shall have full power to Assemble and meet together and for the said Governour or his Deputy and the Company for the time being or the greater part of them which then shall happen to be present Whereof the Governour or the said Company or his Deputy for the time being to be one to Elect and Nominate Twenty four of the said Company which shall be Committees of the said Company for one whole year next from thence next ensuing which persons being so Elected and Nominated to be Committees of the said Company as aforesaid before they be Admitted to the Execution of their said Office shall take a Corporall Oath before the Governour or his Deputy and any five or more of the said Company Committee of the said Company being then present duly to performe their said Office That they shall duly Execute their said well and faithfully performe their said Offices of Committees in all things Concerning the said Com pany And that immediately after the said Oath taken they shall have Execute and use their said Offices of Committees of the said Company for one whole year from thence next following And no manner of voice and placeing and by these presents for us our Heires and Suc cessors wee do grant unto the said Governour and Company of Merchants of London Trading into the East Indies and to their Successors that if when and as often as it shall happen the Governour of the said Company for the time being at any time within one yeare after that he shall be Elected Nominated and Sworne to the Office of the Governour of the said Company as is aforesaid shall dye or be removed from the said Office Which Governour so removed or himselfe will in his said Office We Will to be Removable at the pleasure of the said Company or the greater part of them Which [...] | The charter provided that the Governor - or in his absence the Deputy Governor - alongside the general body of the Company - held the authority to meet annually between the tenth and the last day of April. During these sessions - the members were required to elect twenty-four individuals from the Company to serve as the Committees for the ensuing year. These elected officials were tasked with the direct management of the Company’s trade and affairs - but they were strictly forbidden from executing their office until they had taken a corporal oath of fidelity. This oath - administered by the Governor or his Deputy in the presence of at least five other committee members - bound the individuals to perform their duties well and faithfully in all matters concerning the Company. Upon the completion of this formal swearing-in - the twenty-four committees were empowered to exercise their offices for a full year. The charter ensured that the governance of the trade remained a structured and legally binding process - with clear requirements for both the election and the qualification of those in power. The document also established the Company’s right to remove a Governor from office at their pleasure. If a Governor were to die or be removed within his year of service - the greater part of the Company was authorised to proceed with a new nomination. This provision ensured that the leadership remained accountable to the merchant body and that any vacancy in the highest office could be probably filled to maintain the stability of the Company’s global interests. Interpretations Twenty four: This specific number of committees - later known as the Court of Directors - created a broad enough body to handle diverse commercial tasks while remaining small enough for effective decision-making. Removable at the pleasure: This clause granted the shareholders a significant degree of control - ensuring that a Governor who acted against the Company’s interests could be legally dismissed before his term ended. April: The timing of these committee elections - occurring in the spring - allowed the Company to set its leadership and strategy just as the primary trading season for the East Indies was beginning. Perhaps: The requirement for five or more committee members to witness the oath was a safeguard against secret or fraudulent appointments - ensuring that the leadership transition was a public and verified event. Reasonable manner: This phrase suggests that while the Company held vast powers - its internal rules and the admission of new members to “Trade or Traffique” were expected to follow established - fair - and documented protocols. |
180 | 159 | Within convenient time after the Death or [...] Governour to assemble themselves in such Convenient place as the shall think fit for the Election of the Governour of the said Company and that the said Company or the greater part of them being then and there present shall and may then and there before their departure from the said place Elect and Nominate one other of the said Company to be Governour of the said Compa ny in the place and stead of him that Dyed or was so removed Which person being so Elected and Nominated to the Office of Governour of the said Company shall have and Exercise the said Office of Governour during the Residue of the said year taking first a Corporall Oath as is aforesaid for the due Execution thereof And this to be done from time to time so often as the Case shall so Require And also wee will and grant unto us our heires and Successors unto the said Governour and Company of Merchants of London Trading into the East Indies and to their Suc cessors that when and as often as it shall happen any of the said Committees of the said Company for the time being at any time within one yeare next after they or any of them shall be Nominated Elected and Sworne to the Office of Committees of the said Company as aforesaid to Dye or be removed from the said Office (which Committees we will Declaring themselves well in their said Offices we will to be removable at the pleasures of the said Governour and Company or the greater part of them Whereof the Governour of the said Company for the time being or his deputy to be one) That then and so often it shall and may be lawfull to and for the said Governour and Company for the time being or the greater part of them Whereof the Governour for the time being or his deputy to be one within Convenient time after the Death or removing of any the said Committees to Assemble themselves in such Convenient place as is or shall be Usually and accustomed for the Election of the Governour of the said Company or where Else the Governour of the said Company for the time being or his Deputy shall appoint And that the said Governour and Company or the greater part of them Whereof the Governour for the time being or his Deputy to be one being then and there present shall and may then and there before their De parture from the said place Elect and Nominate one or more of the said Company to be Committees or Committee in the place and stead of him or them that is or are so removed Which person so Elected and Nominated to the Office or Offices of Committee or Committees of the said Company | The charter established the procedures for filling mid-term vacancies within the leadership to ensure the continuous governance of the Company. Should the Governor die or be removed from office - the members were required to assemble within a convenient time to elect a successor. This new Governor was to be chosen from among the Company and - after taking the corporal oath - would serve for the remainder of the original term. The text emphasized that this process must be completed before the members departed from the place of election - ensuring that the office was never left vacant. Similar rules applied to the twenty-four Committees who managed the daily affairs of the trade. The charter granted the Governor and the Company the power to remove any Committee member at their pleasure - provided the Governor or his Deputy was present for such a decision. In the event of a death or removal - a meeting was to be convened at the usual place of assembly or another location appointed by the Governor. Those present were then authorised to nominate and elect one or more new members to fill the vacancies. These replacement Committees were required to be members of the Company and were expected to take the same oaths of office as their predecessors. By codifying these specific steps for both the Governor and the Committees - the charter provided a stable mechanism for resolving internal disruptions - ensuring that the administrative and commercial interests of the East India trade remained under constant and legal supervision. Interpretations Residue of the said year: This term ensured that a replacement Governor did not start a new full-year term but merely completed the tenure of the person they replaced - maintaining the established annual election cycle in September or April. Before their departure: This strict requirement was likely designed to prevent political stalling or factional disputes - forcing the Company to reach a consensus and appoint a leader immediately upon the occurrence of a vacancy. At the pleasures: The inclusion of this phrase regarding the Committees reinforced the ultimate authority of the Governor and the general body of shareholders - allowing them to purge ineffective or untrustworthy directors without waiting for an annual vote. Convenient place: While the Company eventually established permanent headquarters at East India House - the charter allowed for flexibility in where these emergency meetings could be held - provided they were officially sanctioned by the Governor or his Deputy. Perhaps: The repetition of the requirement for a “Corporall Oath” even for those serving only a partial year underscores the high value placed on religious and legal accountability as the primary bond holding the corporate body together. |
181 | 160 | [...] this to be done from time to time so often as the Case shall require And further wee do by these presents for us our Heires and Successors give and grant unto the said Governour and Company of Merchants of London Trading into the East Indies and their Successors That they and all and every the said Company of Merchants and every of them and their Successors and every of them and all their Apprentices factors and Servants of them and every of them which hereafter shall be Employed by the said Governour and Company in the said Trade of Merchandize to or from the East Indies or into the Seas or any of the Havens Ports Cities Creeks Towns or places beyond the Cape of Bona Esperanza to the Streights of Magellan where any Trade or Traffique of Merchandize may be used or had and to and from every of them shall and may from henceforth for ever hereafter freely Trade and Traffique use and exercise the said Trade of Merchandize by Sea in and by such Wares and Merchandizes already found out and discovered or which hereafter shall be found out and discovered as they shall think fit and meet to be fitted into and from the said East Indies and from the Countries parts Havens Cities Creeks Towns and places of Asia Africa and America or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan which Trade and Traffique of Merchandize may be used or had and to and from every of them in such order manner form liberty and Condition to their intents and purposes as shall from time to time at any publique Assembly be holden by or for the said Governour and Company for or between them of the said Fellowship or Company of Merchants of London trading into the said Indies or any of them for the time being present at such Assembly or Court the Governour or his Deputy being always present at such Court or Assembly limited ordered and agreed and not otherwise without any Molestation Interruption or Disturbance any Statute Usage Decree Religion or Faith or any other thing whatsoever to the Contrary notwithstanding And also Wee do further give and grant that no Christian Prince or State shall have any power or Authority to disturb or molest them in their said Trade or Commerce within any the said places or any of them from time to time hereafter or at any time hereafter shall be in League or Amity with us our Heires and Successors and who shall not or will not accept of such Trade but shall directly Decease and publish the same to be utterly against him and their said Vice or Vessels And for the better [...] | The charter confirmed the vast geographical scope of the Company’s monopoly - granting it and its successors the exclusive right to trade across the seas from the Cape of Good Hope (Bona Esperanza) to the Straits of Magellan. This enormous territory - spanning parts of Asia - Africa - and America - was reserved for the Company’s merchants - apprentices - factors - and servants. They were authorised to trade in any wares or merchandise already discovered or those yet to be found - provided their activities were conducted according to the orders and conditions established at the Company’s public assemblies. A critical provision of this grant was the protection of the Company from internal and external interference. The King declared that this trade should proceed without molestation or disturbance - regardless of any existing statutes - decrees - or religious differences. Furthermore - the charter asserted that no Christian prince or state in league with England should have the authority to disturb the Company’s commerce. If any such power refused to acknowledge these trading rights or actively sought to deceive or oppose English vessels - the Company was empowered to defend its interests. The Governor or his Deputy was required to be present at every assembly where these trading rules were limited or agreed upon - ensuring that the leadership maintained direct control over the “Fellowship” of merchants. This legal framework was intended to create a secure - state-sanctioned environment where the Company could pursue its commercial goals without fear of legal challenge from rival English subjects or diplomatic interference from European neighbours. Interpretations Cape of Bona Esperanza to the Streights of Magellan: This defined the entire Indian and Pacific Ocean basins as an English commercial preserve - effectively claiming half the globe for a single London-based corporation. Apprentices: The inclusion of apprentices in the charter shows that the Company was viewed as a traditional guild structure - where young men were trained in the “art” of East India merchantry through years of bonded service. Creeks and Havens: These specific terms indicate that the Company’s rights extended beyond major ports to any small inlet or natural harbour - preventing rivals from finding “back-door” routes into protected markets. Perhaps: The mention of “Religion or Faith” as something that should not stay the Company’s trade suggests the Crown was prioritising commercial expansion over the religious conflicts that often hindered European diplomacy in the seventeenth century. Molestation: In this legal context - the word refers to any act of harassment - seizure - or interference with ships and goods - whether by pirates - rival merchants - or foreign navies. Interpretations |
182 | 161 | And Company and their Successors from time to time and at all Seasons for about any the matters Acts affairs or business of the said Trade in any place or places for the same Convenient within Dominions or elsewhere and then to hold Courts for the said Company and the affairs thereof And that also it shall and may be lawfull to and for them or the more part of them being so Assembled and that then and there present in any such Court or place Whereof the Governour or his deputy for the time being to be one to make ordain and Constitute such and so many reasonable Laws Constitutions Orders and Ordinances made to put in use and Execute accordingly and at their pleasure to alter or abrogate or any of them as Occasion shall require and that the said Governour or the greater part of them shall make ordain and Establish any such Laws Constitutions Orders and Ordinances in form aforesaid and may inflict and impose such pains penalties and punishments upon all Offenders transgressing the same and all manner of or for any such Offence upon or against the same contrary to such Laws Constitutions Orders and Ordinances or any of them as to the said Governour and Company for the time being or the greater part of them then and there being present the said Governour or his Deputy being always one shall Seem Necessary and Convenient for the Observation of the same Laws Constitutions Orders and Ordinances And the same fines and amerciaments and all and singular shall and may by their Officers and Servants from time to time be levied for that purpose and to have and to the use of the said Governour and Company and their Successors without the impeachment of Us our Heires or Successors or of any other person or persons whatsoever of us our Heires or Successors and without any Account thereof to us our Heires or Successors to be made All and every such Laws Constitutions Orders and Ordinances so as aforesaid to be made we will to be observed kept and performed under the pains and penalties therein to be Contained so always as the said Laws Constitutions Orders and Ordinances be reasonable and not Contrary or repugnant to the Laws Statutes or Customs of this our Realm And also of our further especial grace certain knowledge and meer motion we do for us our heires and Successors grant to the said Governour and Company of Merchants of London Trading into the East Indies and their Successors That when as often as any person Customs Subsidy or other Duties shall be due and payable unto Us our Heires or Successors for any goods wares or Merchandize which shall be returned out of or from any the Islands ports Havens Cities Towns or places aforesaid unto our ports of London or any of the Havens Creeks members or places to the same port belonging the Customers and all other Officers for the time being of the said Havens and their Successors for or concerning the receipt of Customs | The charter confirmed the Company’s legislative and judicial independence - granting the Governor and the majority of the assembly the right to hold courts for the management of their global affairs. These courts - which required the presence of either the Governor or his Deputy - were empowered to make - ordain - and constitute reasonable laws and ordinances. The leadership also held the authority to alter or abrogate these rules at their pleasure as circumstances required. To ensure the observation of these laws - the Company was granted the power to inflict pains - penalties - and punishments upon any offenders. This included the right to levy fines and amerciaments through their own officers and servants. Significantly - the King declared that all such collected funds belonged solely to the Company and its successors - without the need to provide any account to the Crown or fear impeachment from any government official. All ordinances were to be strictly observed - provided they remained reasonable and not repugnant to the existing statutes and customs of the Realm of England. The document further addressed the matter of royal revenues - specifically the customs and subsidies due on goods returned from the East Indies to the Port of London or its various members and creeks. The King granted that the customers and other officers of the ports should recognize the Company’s specific rights and privileges regarding these duties. This provision was likely intended to streamline the massive influx of spices - textiles - and other merchandise - ensuring that the Company’s trade was not hindered by the overreach of domestic tax collectors. Interpretations Amerciaments: A legal term for financial penalties or mercies imposed at the discretion of a court - as opposed to fixed statutory fines. Not Contrary or repugnant: This crucial legal limit ensured that while the Company could govern its own affairs - it could not create laws that fundamentally contradicted the common law of England. Impeachment: In this context - the word refers to an accusation or legal challenge brought by the Crown’s officers against the Company’s right to keep the fines it collected. Perhaps: The right to keep fines without accounting to the King was a rare and lucrative privilege - effectively making the Company a self-funding judicial entity in its own territories. Customers: These were the royal officials responsible for collecting “customs” or taxes on imported goods; the charter sought to define their relationship with the Company to prevent administrative friction. |
183 | 162 | Their Agents factors or Assigns Six months time for the payment of the one halfe And after those six months ended other six months for the payment of the other halfe of their said Customes poundage or other Subsidies or duties Receiving good and sufficient band with surety to the use of Us our Heires and Successors for the true payment of the same accordingly And upon receipt of such bond or such security from time to time to give unto the said Governour and Company of Merchants of London Trading into the East Indies for the time being their Agents factors or Assigns their Requests or other warrants to take out and receive on board the same Goods Wares and Merchandizes Imported therewith without any disturbance And that also when and as often as any Goods wares or merchandizes of the said Governour and Company for the time being laden from our port of London or any of the Creeks members or places to the same port belonging to be transported to or toward any the Islands ports Havens Cities Towns or places aforesaid shall happen to miscarry or be lost before their safe arrival or discharge in the ports for and to which the same shall be sent That then and so often so much Customes Subsidies Subsidy or other Duties as they answered to Us for the same before their going forth of our said ports Havens or Creeks shall after due proofe made before the Treasurer of our Realm of England for the time being or the said Customers or other Officers thereunto be by him allowed to the said Governour and Company or their Agents or factors by Warrant of the said Treasurer to the said Customers or Officers in respect the said Goods wares or Merchandizes so lost or miscarried or any part of them And for that the said Governour and Company of Merchants of London trading into the East Indies are able to bring into this our Realm a much greater quantity of foreign Commodities from the parts of the said East Indies than can be spent for the necessary use of this our Realm whereby great plenty thereof must be transported from hence into other Countries and parts of the World Wee have and of our Especiall Grace certain knowledge and meer motion Do grant to and for the said Governour and Company of Merchants of London Trading into the East Indies and their Successors that at all times from time to time during the space of three years next after the discharge of any the same foreign Commodities so to be brought in (the Subsidies poundage Customes and other Duties for the same being first paid and compounded for or aforesaid) It shall and may be lawfull for the said Governour and Company and their Successors or any of them to relade the same or any part thereof Which may or shall be unsold within this Realm the same to be carried and shipped forth out of this Realm without the payment of any further Customes poundage or any other Subsidy whatsoever to Us our Heires or Successors for the same Provided the said Commodities Customes or other Duties shall be so formerly paid to Us our Heires and Successors as aforesaid And so provided And the said Compa[...] | The charter established a structured credit system for the payment of customs and subsidies on goods imported by the Company. The King granted the Governor and Company - or their agents and factors - a total of twelve months to settle their duties. The first half of the payment was due six months after arrival - with the remaining half due after another six months. To secure these payments - the Company was required to provide sufficient bonds with sureties to the Crown. Upon the receipt of such security - the port officials were commanded to allow the immediate discharge of goods without any further disturbance. A significant provision was included to protect the Company against the loss of exported goods at sea. If merchandise laden at the Port of London or its members should miscarry or be lost before reaching its destination - the Company was entitled to a refund or allowance for the customs already paid. This required due proof of the loss to be presented before the Treasurer of the Realm or the relevant customs officers. Once verified - a warrant would be issued to ensure the Company did not suffer a double financial loss on destroyed shipments. Furthermore - the King acknowledged that the Company was capable of importing a far greater quantity of foreign commodities than could be consumed within England. To encourage this surplus trade - a special re-export provision was granted. For a period of three years following the initial discharge of foreign goods - the Company was permitted to relade and ship any unsold items out of the realm to other countries. As long as the initial duties had been paid or compounded - these re-exported goods were exempt from any further customs or poundage. This policy was designed to turn London into a global entrepôt for Eastern wares. Interpretations Surety: A legal guarantee provided by a third party to ensure that the Company would meet its financial obligations to the Crown. Entrepôt: Although not explicitly named - the three-year re-export rule effectively turned England into a middleman for European trade - allowing the Company to dominate the distribution of spices and silks across the continent. Poundage: A specific type of customs duty calculated as a certain amount of money per pound value of the merchandise being imported or exported. Perhaps: The twelve-month payment window suggests the Crown recognised that the Company’s capital was often tied up in long-term voyages and that immediate cash payments would be a burden on its liquidity. Treasurer of our Realm: The highest financial officer in the English government - whose personal warrant was required to verify the loss of ships and authorise the return of tax money. |
184 | 163 | Certificate for safe passing out thereof according to the said shall be used given to us our Heires and Successors sufficient security to be brought from the Collector of the Customes Subsidies poundage and other Duties inward of Us our Heires or Successors to the Collector of the said Customes poundage Subsidy or other Duties outward of Us our Heires or Successors that the said Goods Wares merchandize have within the time limited and prefixed their due Customes poundage Subsidy or other Duties for the same inward and outward as is before appointed and Granted by us of our especiall grace certain knowledge and meer motion have given and do by these presents do for us our heires and Successors grant unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors That it shall and may be lawfull to and for the said Governour and Company and their Successors to ship and transport out of this our Realm of England or Dominion of the same or any their Voyages to or towards any the places aforesaid all such foreign Coyn of Silver Spanish or other forreign Coyn or Bullion of Silver as they shall bring or cause to be brought into this Realm of England from the parts beyond the Seas Which in the same Voyages and upon any faction whatsoever shall have been by them or any of them transported thence to be Exported within our said Realm or brought at their pleasure into the same or the whole quantity thereof or otherwise to be transported in any of their said Voyages not Exceeding the value or sum of Fifty Thousand pounds in any one voyage And further we of our more ample and abundant grace certain knowledge and meer motion have granted and by these presents for us our heires and Successors do grant unto the said Governour and Company of Merchants of London Trading into the East Indies and to their Successors That they and their Successors and their factors Agents and Assigns in the trade of Merchandize for them and on their behalfe and not otherwise shall for ever hereafter have use and enjoy the whole entire and only trade and traffique and the whole entire and only liberty use and priviledge of Trading and traffiquing and using the said trade and traffique of Merchandize to and from the said East Indies and to and from all Islands ports Havens Cities Towns and places aforesaid in the Manner and forme as is abovementioned and that they the said Governour and Company of Merchants of London trading into the East Indies and their Successors and particular upon that trade and from henceforth shall be of that Corporation [...] | Interpretations Fifty Thousand pounds: This was a substantial sum in 1661 - representing the massive scale of the Company’s investment and its reliance on a “bullion-based” trade model to secure luxury goods from the East. Spanish coin: At this time - the Spanish piece of eight was the most widely accepted international currency; the Company’s right to export it was perhaps the most vital tool in its commercial arsenal. Time limited and prefixed: This legal requirement ensured that the Company could not hold goods indefinitely before re-exporting them - forcing a steady flow of trade and taxation through London’s ports. Foreign Coyn: The focus on foreign silver rather than English coin was a deliberate policy to prevent the depletion of the domestic money supply - which was a major concern for seventeenth-century economists. Perhaps: The repetition of the “whole entire and only” trade underscores the King’s commitment to protecting the Company from interlopers - who were independent merchants attempting to trade in the East without a royal license. |
185 | 164 | agreed upon by the said Governour and Company of Merchants of London trading into the East Indies and their Successors and the more part of them present at any Court or publique Assembly of the said Company the Governour of the said Company or his Deputy for the time being being always present at such Court or Assembly and not otherwise And for this Reason that the said Company must take their due and proper times in providing their Which otherwise as we are informed cannot be performed in one Voyage of the year following Therefore we of our Especiall Grace certain knowledge and meer motion for us our heires and Successors do grant to and unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors That in any time of Restraint the said Ships and the said Company or Merchants where furnished with Ordinance and other munition for their defence and some hundreds of Marriners English men to guide and Sail in the said Ships and Sea pinnaces at all times have to quietly permitted and Suffered to Depart and go in the said Voyages according to the purport of these presents without any Stay or Contradiction by Us our Heires and Successors or by the Lord High Admirall or any other Officer or Officers of Us our Heires or Successors for the time being in any Wise any restraint Act Statute Usage or matter whatsoever to the Contrary notwithstanding Provided Neverthelesse that we shall at all times have use of our Navy in case of warre in manner Defensive of our Realm or for offence of our Enemies or Traitors there shall be need we will to assign to the Navy of Us our heires and Successors the Ships of our Subjects to be assigned for the warre in such a Number as cannot be supplied of the said six Ships and pinnaces and Mariners should be permitted to Depart as is above mentioned then upon knowledge given by Us our heires and Successors or by our Admirall to the said Governour and Company at least three Months day of the month of July or the month before the said Governour and Company have begun to make ready the same six Ships and six pinnaces that we may have the said six Ships and pinnaces and the mariners requisite for them to be out of our Realm during the time that our Navy shall be upon the Seas That then the said Governour and Company shall forbear to send such six Ships and six pinnaces for their Trade of Merchandize untill that We shall have use of our said Navy from time to time And we of our further speciall favour and of our more especiall grace certain knowledge and meer motion have granted and by these presents for us our heires and Successors do grant unto the said Governour and Company of Merchants of London trading into the East Indies and to their Successors that the said East Indies or the Islands Havens ports Cities Towns and places aforesaid [...] | The charter acknowledged that the Company’s operations required meticulous long-term planning, as the directors were informed that preparing a successful voyage often took more than a single year. Consequently, the King granted the Governor and Company the right to dispatch their ships even during times of general maritime restraint or embargo. These vessels, equipped with ordnance and munitions for their own defence and manned by hundreds of English mariners, were to be permitted to depart quietly without interference from the Lord High Admiral or any other royal officer, notwithstanding any existing statutes or decrees to the contrary. However, a significant condition was attached to this privilege regarding the national defence of the realm. The Crown reserved the right to use the merchant navy in times of war to oppose enemies or traitors. If the Royal Navy required additional vessels beyond what could be supplied by other subjects, the King could command the Company to stay its ships. To exercise this right, the Crown or the Admiral was required to give the Company at least three months’ notice, specifically by the month of July, before the Company had begun to make the six ships and six pinnaces ready for their seasonal trade. Upon receiving such notice, the Governor and Company were obliged to forbear sending their fleet until the immediate military need for the Navy had passed. This balanced the Company’s commercial necessity for predictable sailing schedules with the sovereign’s requirement for a naval reserve during periods of national crisis. The charter thus integrated the Company’s private armed fleet into the broader strategic infrastructure of the English state. Interpretations Ordinance and munition: This confirms that East Indiamen were not merely merchant vessels but were essentially heavy warships, capable of independent action and expected to defend themselves without royal escort. Sea pinnaces: Smaller, faster vessels that accompanied the larger merchant ships; they were often used for scouting, navigating shallow coastal waters in the Indies, and carrying messages between the fleet. Lord High Admiral: The supreme commander of the English Navy; the charter specifically stripped this official of the power to “stay” or seize Company ships for the King’s service without following the agreed notice period. Perhaps: The mention of the “month of July” as a deadline for royal notice reflects the rigid seasonal cycle of the monsoon winds, which dictated exactly when ships had to depart England to reach the Indian Ocean at the correct time. Restraint: A formal government order to prevent ships from leaving port; by being exempt from such “restraints,” the Company maintained a massive competitive advantage over other merchants whose goods might rot in harbour during a diplomatic crisis. |
186 | 165 | during their time that the said letters patents or any of them remaine in force and not revoked or repealed contrary to the true meaning of these presents or of the virtue of our prerogative which we will have reserved to our selves to have and enjoy the said priviledges most strictly charge and command and prohibit for Us our heires and Successors all the Subjects of Us our heires and successors of what degree or quality soever they be that none of them directly or indirectly do visit haunt frequent trade Traffique adventure by way of Merchandize into or from any the said East Indies or to or from any the Islands ports havens Cities Towns or places aforesaid other then the said Governour and Company of Merchants of London Trading into the East Indies and such particular persons as now be or hereafter shall be of the same Company their Agents factors or Assignes during the time that these our Letters patents shall be in force as aforesaid upon pain of forfeiture and confiscation of all the Goods and merchandize to be brought into this Realm of England or any the Dominions of the same contrary to the true intent and meaning of these presents or which the said Governour and Company of Merchants of London trading into the said East Indies shall and may lawfully seise and take in the seas or in any the Dominions where the said Company their Agents factors or Assignes shall trade and traffique by virtue of these our Letters patents and also the Ship and Ships with the furniture thereof wherein such Goods merchandize shall be transported or shall be brought the one halfe of all the said forfeitures to be to Us our heires and Successors and the other halfe to and for the use of the said Company we do by these presents of our especiall grace certain knowledge and meer motion give and grant unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors And further all and every the said Offenders for their said Contempt to suffer imprisonment during our pleasure and further We do grant to Us our heires and Successors for Us and our heires and Successors That it shall be lawfull to and for the said Governour and Company and their Successors from time to time as they shall see meet and convenient and need shall be in all places of the Dominions within Us our heires and Successors to impose such penalties upon all such persons as shall offend contrary to these presents for the time being in the summe of one thousand pounds at the least at one time upon every person so offending to trade or traffique into any the said East Indies contrary to these presents Which said penalty or penalties shall be [...] | The King issued a strict prohibition against all English subjects, regardless of their rank or quality, from visiting, haunting, or trading within the East Indies. This royal command protected the Company’s monopoly, ensuring that only the Governor, the Company, and their authorised agents could conduct merchandise by way of adventure in the designated territories. Any subject found to be trading directly or indirectly in these regions faced the immediate risk of forfeiture and the total confiscation of their goods and ships. The charter granted the Company the legal power to seize and take any such interloping vessels or merchandise found at sea or within their overseas dominions. The proceeds from these forfeitures were to be divided equally between the Crown and the Company. Beyond financial loss, offenders were subject to imprisonment at the King’s pleasure as punishment for their contempt of the royal prerogative. To further deter illegal competition, the Company was authorised to impose substantial financial penalties on those who breached the terms of the charter. A minimum fine of one thousand pounds was established for every person found to be trading or trafficking in the East Indies without a licence. This combination of ship seizure, cargo confiscation, imprisonment, and heavy fines provided the Company with a formidable legal arsenal to defend its commercial borders against private English merchants. Interpretations Haunt: An archaic legal term meaning to habitually visit or frequent a specific place; its use here was intended to prevent independent sailors from establishing unofficial trade routes or bases. Interlopers: Though the word is not in this specific passage, these were the private “offenders” the King was targeting-merchants who operated outside the Company’s control and were seen as a threat to national trade stability. At our pleasure: This phrase gave the Crown absolute discretion over the length of an offender’s imprisonment, making the legal consequences of illegal trading both severe and unpredictable. Prerogative: The inherent and exclusive right of the Sovereign to grant monopolies and control foreign trade, which at this time was a central point of tension between the Monarchy and Parliament. Perhaps: The high minimum fine of one thousand pounds was intended to be ruinous, ensuring that even a single failed “adventure” by a private merchant would likely result in total bankruptcy. Furniture: In seventeenth-century maritime law, this referred to all the equipment, rigging, anchors, and sails of a ship; by seizing the furniture, the Company ensured the captured vessel was completely stripped of its value and utility. |
187 | 166 | [...] Governour and Company of Merchants of London trading into the East Indies that they and their Successors may from time to time and at all times hereafter and hereafter to their use and benefit to seize and take all such Ships Vessells Goods Wares and Merchandizes whatsoever that shall be brought or imported into this Realm of England or any the Dominions thereof from any the said East Indies or which shall be exported or carried out of this Realm of England to any the said East Indies contrary to the true intent and meaning of these presents and also to make sale of the said Goods Wares and Merchandizes so seized to their own use And further we do by these presents for us our heires and Successors give and grant unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors that we our heires and Successors during all the time that these our letters patents shall be and remain in force will grant liberty and license unto any person or persons whatsoever to pass Tto or from the said East Indies [Inserted text: or into or from any the said East Indies or any the Islands ports havens Cities Towns or places aforesaid contrary to the true meaning of these presents without the special license of the said Governour and Company of Merchants of London trading into the East Indies] for or in any ship or ships not being the ships of the said Governour and Company of Merchants of London trading into the East Indies nor any of them nor any of their Successors without the special license of the said Governour and Company or the more part of them And further of our more abundant grace and favour to the said Governour and Company of Merchants of London trading into the East Indies We do hereby declare that our will and pleasure is That if it shall so happen that any of the said persons trading into the said East Indies without license of the said Governour and Company shall before their setting forth for the voyage in any ship or ships appointed for a voyage or other ships or vessel of theirs shall advance any sum of money towards the setting forth furnishing or maintenance of any voyage or voyages to be made by the said Governour and Company of Merchants of London trading into the East Indies or the more part of them assembled at any publique assembly commonly called the Court of Committees of the said Company shall within three months after warning given to him or them from the said Governour and Company or their Agent officer or servant to the treasurer or treasurers appointed for the said Company such sum or sums of money as shall have been advanced or set down in writing by the said person or persons subscribed with the name of the said Governour and Company that then and all times after it shall be lawful to and for the said Governour and Company or the more part of them present Whereof the Governour or his Deputy to be one at any of their generall Courts or generall assemblies to displace and remove and disfranchise him or them and such person or persons at their will and pleasure | The charter continued to delineate the extensive powers of the Governor and Company to protect their monopoly. It reaffirmed their right to seize and take any ships, vessels, or goods imported into England or exported from the realm to the East Indies that contravened the terms of the grant. Furthermore, the Company was specifically authorised to sell these seized goods for their own use and benefit. The King also pledged that during the life of the letters patent, neither he nor his successors would grant any licence or liberty to any person to travel to or from the East Indies, or any of the islands and cities mentioned, unless they possessed the special licence of the Company. This applied to any individual attempting to sail in vessels not belonging to the Company’s fleet. An additional clause addressed the internal discipline of the Company regarding financial contributions. If a person intended to trade but failed to pay the sums of money they had committed toward the “setting forth” or maintenance of a voyage, the Company held the power to act. Within three months of a formal warning from an officer or treasurer, the individual was required to provide the promised funds. Should they fail to comply, the Governor and Company, acting through a general assembly or court, were empowered to displace, remove, and disfranchise that person at their will and pleasure. Interpretations Disfranchise: This was the ultimate corporate punishment; it involved stripping a merchant of their membership in the Company, thereby legally barring them from participating in the East India trade and potentially forfeiting their invested capital. Special license: Even for those who were not members of the Company, the directors had the power to grant “permission” for specific voyages, creating a secondary stream of revenue and control over private English travellers. Setting forth: This term refers to the massive initial capital investment required to rig a ship, hire a crew, and purchase the outward cargo (often lead, cloth, or silver) for a multi-year journey. Perhaps: The insistence on seizing goods “contrary to the true intent” of the charter was a direct response to the “interloper” problem, where private merchants would claim they were merely sailing to nearby regions but were actually surreptitiously trading within the Company’s zone. Court of Committees: The mention of this body underscores that while general assemblies were important for major votes, the daily financial discipline and the enforcement of payment subscriptions were handled by the smaller, more executive group of directors. Court or general assembly: By specifying that removals must happen at a “general court,” the charter provided a layer of transparency, ensuring that a member could probably not be ousted by a small clique without the broader fellowship of the Company being involved. |
188 | 167 | [...] Lycence of the said Governour and Company or the [...] part of them present at any generall Court shall be obtained in that behalf all and every the persons to the contrary thereof in any wise notwithstanding And our Will and pleasure is and we do also ordain That it shall and may be lawfull to and for the said Governour and Company of Merchants of London trading into the East Indies or the more part of them whereof the Governour for the time being or his Deputy to be one to Admit into and to be of the said Company all such Apprentices to any of the said Society or Company and all Servants and Factors of them for the said Company and at such times as they or the more part of them present at any Court held for the said Company the Governour or his Deputy being one shall be thought fit and agreeable with the orders to be made and to be made for the Government of the said Company and the said Society and Company of Merchants of London trading into the East Indies for them and their Successors Do by these presents Covenant promise and grant to and with us our heirs and successors That they the said Governour and Company and their Successors in all and every such voyage or voyages at all times from and after the first return of this our Letters patents from henceforth shall and will yield and return which shall be made again into this Realm or any of our Dominions or in any wise upon for every such voyage bring into this our Realm of England from the said East Indies or from some their parts beyond the Seas out of the Dominions to us of greater value in bullion of gold or silver for the use of the Kingdome (the fifth voyage only excepted) all such goods wares for every voyage (the fifth voyage only excepted) all such goods wares brought from the said parts transported into this Realm by them or any of them in any the said voyages that and such part whatsoever in any the said voyages And that also such share As by vertue of this our grant Letters and patents shall be imported or laden by the said Governour and Company or their Successors to be transported out of this Realm in any the said voyages shall from time to time at the lading of the said goods or wares in any voyage be shipped and laden at the port or Haven of London Dartmouth or Plymouth or elsewhere or at some of the said Havens and at no other port or Haven whatsoever within this our Realm or the Dominions thereof And that all and every such goods or wares as shall be brought into this Realm in the said voyages [...] | The charter defined the process for expanding the Company’s membership and established strict maritime and financial obligations for its voyages. The Governor, his Deputy, and the majority of a general court were granted the authority to admit new members, specifically including apprentices, servants, and factors who had served the society. These admissions were to be made at such times and under such conditions as the leadership deemed fit and agreeable with the Company’s established orders for government. In return for these vast privileges, the Company entered into a covenant with the Crown regarding the importation of precious metals. The directors promised that for every voyage-with the notable exception of the fifth voyage-the Company would return to England a greater value in gold or silver bullion than they had originally exported. This was intended to ensure that the East India trade resulted in a net gain of precious metals for the kingdom, addressing contemporary economic concerns about the drain of silver to Asia. The King also mandated strict geographical control over the Company’s logistics. All goods and wares intended for transport to the East Indies were required to be shipped and laden at specific designated ports, namely London, Dartmouth, or Plymouth. No other ports or havens within the realm or its dominions were permitted for the commencement of these voyages. This restriction allowed royal customs officers to monitor the Company’s exports effectively and ensure that the “bullion proviso” was being strictly followed. Interpretations Apprentices: The inclusion of these young men as potential members shows the Company’s commitment to a traditional merchant hierarchy, where long-term service and training were rewarded with full corporate rights. Fifth voyage only excepted: This specific exemption suggests a recognition by the Crown that certain early or experimental voyages might not immediately yield a surplus of bullion, allowing the Company some financial flexibility in its long-term planning. Bullion of gold or silver: During the seventeenth century, the “mercantilist” theory held that a nation’s wealth was measured by its reserves of precious metals; this clause was a vital political compromise to justify a monopoly trade that relied heavily on exporting silver. Dartmouth or Plymouth: While London was the primary hub, the inclusion of these West Country ports provided the Company with strategic points of departure closer to the Atlantic, which was perhaps useful for avoiding the delays of navigating the English Channel in certain weather conditions. Covenant: This was a solemn, legally binding promise between the Company and the Sovereign, making the success of the bullion return a condition of their continued legal existence. |
189 | 168 | [...] Election or other officer to whom it shall apperteine by our Letters patents or of whom notice the same shall happen to be shipped or laden in any port Haven or place belonging to the said port or Haven before such time that the same shall be shipped or laden to be transported as aforesaid without any custom or subsidy to be paid for the same and that within one moneth next after the same goods wares or merchandizes whatsoever which shall be brought into this our Realm or any of our Dominions by the said Governour and Company or any of them according to the true meaning of these presents shall likewise be from time to time duly entred by the customers comptrollers or other officers of every such port creek or place where the same shall happen to be unshipped or brought to land And before such time as the same goods or wares or any part thereof shall be unshipped and brought to land as aforesaid according to such order as by our Treasurer of England for the time being shall be taken for the entring of the same And for the preventing of secret and fraudulent trading contrary to our intentions herein before expressed our further will and pleasure is and we do for us our heirs and successors grant unto the said Governour and Company and their successors that no commission officer or other person what soever shall be appointed to intermeddle in the affairs of the said Company payable to us our heirs or successors shall permit and suffer to be laden of any goods or merchandizes of the growth production or manufacture of the parts or places aforesaid in Asia Africa or America or any of them except such as shall be convenient or appropriate to the trade of the said Governour and Company and not otherwise than such as from time to time shall be allowed by the said Governour and Company or their successors under their common seal or the hand of the Governour or his deputy then appointed therein the officers aforesaid nor otherwise And further we will and ordain and by these presents for us our heirs and successors we do grant unto the said Governour and Company of Merchants of London trading into the East Indies and to their successors that it shall and may be lawfull unto such factors and agents and servants as shall be employed in the said trade or traffique and service in the said East Indies And that every such person shall have a number of shares according to his society that is to say for every five hundred pounds by him subscribed or brought into the stock of the said Company that have adventured and brought five hundred pounds or more in any one entire sum shall have five hundred pounds and no more And we especially grant and declare and of our more especial grace certain knowledge and mere motion we do for us our heirs and successors grant to and with the said Governour and Company of Merchants of London trading into the East Indies and their successors that all [...] | The charter mandated a strict administrative process for the landing and entry of goods to prevent “secret and fraudulent trading”. All merchandise brought into the realm by the Company was required to be formally entered by customers and comptrollers at the specific port or creek where the ships were unloaded. This process had to be completed within one month of arrival and before any part of the cargo was brought to land, following the specific orders set by the Treasurer of England. To further protect the monopoly, the King prohibited any commission officer or unauthorised person from intermeddling in the Company’s affairs. Royal officers were forbidden from allowing the lading of any goods of Asian, African, or American growth or manufacture unless they were specifically appropriate to the Company’s trade and formally allowed under its common seal or the hand of the Governor. This effectively turned the royal customs infrastructure into an enforcement arm of the Company’s private interests. The document also defined the internal equity and voting structure of the corporation. It was ordained that factors and servants employed in the trade should have their interests represented according to a specific subscription model. Every member was assigned a number of shares based on the capital they brought into the stock, with five hundred pounds being the standard unit for an entire sum of adventure. This established a clear link between financial risk and corporate authority within the “society” of merchants. Interpretations Comptrollers: High-level officials responsible for auditing and supervising the accounts of the customs house, serving as a second layer of oversight to prevent bribery or smuggling. Intermeddle: A strong legal prohibition intended to stop government officials from using their positions to engage in private trade or to disrupt the Company’s logistics for personal gain. Common Seal: The physical application of the Company’s wax seal was the only legal proof that a cargo was legitimate; without it, any goods from the East were considered contraband and subject to seizure. Perhaps: The one-month deadline for entering goods suggests that the Port of London was frequently congested, and the Crown needed to force a quick turnaround to ensure the timely collection of duties. Five hundred pounds: This was a very high barrier to entry, ensuring that the “society” remained an elite group of wealthy adventurers rather than a broad-based investment scheme for the general public. Unshipped: The period between a ship dropping anchor and the goods actually reaching the dock was the most dangerous time for “leakage” or theft; the charter’s insistence on entry before unshipping was a vital security measure. |
190 | 169 | [...] Company of Merchants of London trading into the East Indies shall have liberty full power and authority to appoint establish Governours and all other officers to govern them and that the Governour and his Councill of the severall and respective places where the said Company have or shall have a factory or places of trade within the said East Indies may have power to judge all persons belonging to the said Governour or Company or that shall live under them in all causes whether civill or criminall according to the laws of this Kingdom and to give judgement accordingly and to impose fines or imprisonments shall be committed in any of the said places or territories belonging to or occupied as aforesaid by warrant of a Governour and Councill there in such case it shall and may be lawfull for the chief factor of that place and his Councill to transmit the party together with the offence to such of the plantations factories or forts where there is a Governour and Councill where justice may be executed or into this Kingdom of England as shall be thought most convenient there to receive such punishment as the justice of his offence shall deserve And moreover our will and pleasure is and by these presents for us our heirs and successors we do grant unto the said Governour and Company of Merchants of London trading into the East Indies and their successors free liberty and license for the said Governour and Company and their successors and for the said Governour and Company their factors servants and assigns to and from hence to send ships of force and men of war necessary to defend their ships factories and trade in the said East Indies for the security and defence of the same and to choose commanders and officers over them and to give power and authority by commission under their common seal or otherwise to seize upon or make prize or reprisal upon any pirates or people that are not their friends in any place of their trading that shall be most for their advantage and benefit of the said Governour and Company and of their trade And also to fight and recompense themselves upon the goods estates or people of such as shall injure them by whom the said Governour and Company shall sustain any damage loss or injury or upon any the people whatsoever that shall any ways interrupt wrong or injure them in their said trade or in their said factories forts or ships belonging unto the said Governour and Company or their successors by force of arms And it shall and may be lawfull to and for the said Governour and Company and their successors from time to time and at all times from henceforth to erect and build such castles fortifications forts garrisons colonies or plantations at or upon any of the places of their trade in the East Indies [...] | The charter granted the Governor and Company the extraordinary power to establish a complete legal and military infrastructure within their overseas territories. At every factory or place of trade in the East Indies, the local Governor and his Council were authorised to exercise jurisdiction over all persons living under their authority. This power extended to both civil and criminal causes, with the mandate to judge according to the laws of England. They were empowered to impose fines and imprisonments as necessary to maintain order. In cases where a factory lacked a formal Governor and Council, the chief factor was permitted to transmit offenders to a larger plantation or fort where justice could be executed, or even back to England for punishment. This ensured that the Company’s discipline remained absolute across its vast and often fragmented geography. To protect these interests, the King granted the Company the right to maintain its own “ships of force” and men of war. The directors were authorised to appoint commanders under their common seal and to seize pirates or any “people that are not their friends” who threatened their commercial advantage. The Company was further empowered to engage in active warfare, granting them the right to make prize or reprisal and to seek recompense for any damages or injuries sustained through force of arms. To solidify this military presence, the charter gave the Company the perpetual right to erect and build castles, fortifications, forts, garrisons, colonies, and plantations at any of their trading sites. This transformed the Company from a mere commercial association into a sovereign-like power with the legal right to wage war and govern territory in the King’s name. Interpretations Factory: In the seventeenth century, this was not a place of manufacture but a fortified warehouse and trading post where “factors” lived and conducted business on behalf of the Company. Chief factor: The highest-ranking commercial agent in a specific location; while they lacked the full judicial status of a Governor, they acted as the primary link in the Company’s chain of command. Prize or reprisal: Legal terms for the captured property of an enemy; “prize” usually referred to ships taken at sea, while “reprisal” allowed the Company to seize goods to compensate for previous losses. Perhaps: The instruction to judge “according to the laws of this Kingdom” was intended to ensure that English subjects abroad still felt the protection-and the weight-of English common law, even thousands of miles from London. Garrisons: The right to maintain permanent standing armies within their forts allowed the Company to project power locally without waiting for reinforcements from the Royal Navy. Common seal: By requiring military commissions to be issued under the seal, the charter ensured that every act of war carried the official, legal backing of the corporation. |
191 | 170 | [...] shall be requisite to keep and to set forth in the same to send out of this Kingdom to the said East Indies fortifications forts garrisons castles plantations all kind of provisions for victualling ammunition and other necessaries and weapons for such persons purposes without paying of any custom subsidy or other duty for the same And also to transport and carry for the said number of men being willing thereunto and their places them settle and also to govern them in such legal and reasonable manner as the said Governour and Company shall think fit and to inflict punishment for misdemeanors or impose such fines upon them for breach of their orders as in their Courts are formerly expressed And further of our Princely grace and pleasure we and by these presents for us our heirs and successors do grant unto the said Governour and Company of Merchants of London trading into the East Indies and to their successors full power and lawful authority to seize upon the person or persons of such English or any other our subjects in the said East Indies which shall sail in any voyage or ships or inhabit in those parts without the leave and license of the said Governour and Company in that behalf first had and obtained or shall contempt or disobey their orders and send them to England or seize all and every such person or persons being our subjects and others as shall commit any offence against the said Governour and Company in the said East Indies or any the places within the said parts places and limits before expressed and to apprehend and take such persons for any offences by them committed in the said East Indies and punish them before sentence as the president and Councill for the said Governour and Company there shall think fit and the merit of the offence shall require And in case any person or persons being convicted and sentenced by the president and Councill of the said Governour and Company in the said East Indies their factors or agents there for any offence by them done shall appeal from the same That then and in every such case it shall and may be lawfull to and for the said Governour and Company and their factors or agents to seize upon him or them [...] | The charter granted the Company the essential right to export from England all provisions, ammunition, weapons, and victualling necessary for the maintenance of its fortifications and garrisons. This transport was specifically exempted from the payment of any custom, subsidy, or other duty to the Crown. Furthermore, the Company was authorised to transport any number of men willing to settle in the East Indies and to govern them in a legal and reasonable manner. The leadership held the power to inflict punishment for misdemeanours and impose fines for the breach of orders, as established in their courts. A particularly potent authority was granted regarding the control of English subjects in the East. The King gave the Governor and Company the lawful power to seize any English person found sailing, inhabiting, or trading in the East Indies without a specific license. This extended to those who showed contempt or disobeyed the Company’s orders. Such individuals could be apprehended, punished according to the judgement of the local President and Council, or forcibly sent back to England to face further consequences. The judicial process overseas was structured to allow for immediate discipline. The President and Council were empowered to sentence offenders as they thought fit based on the merit of the offence. In cases where a convicted person sought to appeal their sentence, the charter provided the Company’s agents with the authority to seize the individual and ensure they remained under corporate control until the matter was resolved. This legal framework effectively turned the Company’s overseas settlements into autonomous jurisdictions where the Governor’s word carried the weight of royal law. Interpretations Victualling: The process of supplying a ship or garrison with food and drink; the tax exemption on these supplies was a major financial relief for the Company’s long-term colonial projects. President and Councill: In the Company’s hierarchy, a “President” often held higher status than a mere Governor of a single fort, usually overseeing a “Presidency” that managed multiple factories and trading posts. Willing thereunto: This phrase ensured that while the Company had vast powers, it was not officially authorised to press-gang or force English subjects into colonial settlement against their will. Perhaps: The power to seize unlicensed subjects and send them to England was the ultimate deterrent against “interlopers” who hoped to make a quick fortune outside the Company’s monopoly. Misdemeanors: While it sounds minor today, in the seventeenth century, this covered a wide range of disruptive behaviours, from private trading to mutiny or public drunkenness, all of which the Company sought to suppress to maintain order. Without paying of any custom: This specific exemption for military and survival supplies highlights the Crown’s recognition that the Company’s forts were a strategic asset for the English state, not just a commercial venture. |
192 | 171 | of A[b]uſes And injuries to be [d]on[e] or [...] committed by Any their S[er]vants [...] East [I]ndies or [...] other Pl[a]c[es,] [...] [...] And for the S[aid] [M]erchant[s] our A[...] [...] [...] [f]ull P[ow]er [...] to the Said [...] [...] [...]pon him all Sorts of letters, prayers, Supr[...] [...] [...] [...]aptes, facts for[...] [...]nations, [f]ormations as f[u]l[ly] other [...] [...] [...] [...] touching or concerning Any matter or [...] other of [...] And before And[...] mo[v][e] th[e] [...]ments as the Said [...] [...] the [M][...][s]t[r][a]tion contained to their [...] a the [...] our L[ea]ſons fr[o][m] the [...]ards their [...] and our [...] & S[h]at they our letters patents or Any thing th[er]ein contained S[h]at Not in Any Sort b[i]nd[e]d to give or grant any [...] place or [...] Unto the Said governor And Company of the [...]ands of Ind[...] [i]f as the East Indies or & And of they to [...] or A[...] Any [...] to Any Country [...] & Land S[o]v[er][...] the [...] [...] plantation in the [...] And [...] good[s] of Any Day, Such to them found or S[h]at it all this Subject by or as Any times dir[e]ctor [...] [...] [...] or a[...]ity with [...] any [...] or [...] And [...] day And as w[h][i]le H[i]s Receipt of Such order But well [...] S[u]bject the Same to be Utterly Against [...] their [...] and Cause Any thing [...] in this [...] contained to the for me thereof [...] landed of [...] Shall Wr[...] Appear to be our heirs or Executors that this grant or the [...] again the [...] in themselves or Any part thereof, where trad in [P]rofit to do the Over him the [...] or to them, [...] then And from th[em][...] Upon And after three year, mention to be given to the Said [C]ompany [B][el][i]ke m[...]ing, exper[...] our, or their p[...]ions of [...] m[a]nn[e]st, this [...] grant Shall [f][e][a]t [...] & [...] [...] or in whole, [...] And [a]nd[f][e]s through, and [...] Charging the [f]orming [...] And [...] as ov[er] [...] this burden, upon [...] [...] [...] and ere And [...] After our [...] [M][i]nisters, Women and Subject what[e]ver to be [B]ring [...] helping And A[ss][i]sting to the Said [...] her Supported to the [...] And to their Departing [...] S[i]ders, Servants [...] within [...] All V[o]ice of Them, in Sending And Imposing the [p]romptly, to they or A[p]t [d]e on [...] from time to time who to Any of Such Shall [...] And guided Any Subject of Ser from Servants and Sol[d][e]r [...] And made So [...] obtained or provided, or Any other matter [...] or [...] & S[h]at S[h][e] [...] [...] [...] [...] | The charter provides the Company with the authority to investigate and address any abuses or injuries committed by its factors and soldiers in the East Indies. This power was intended to ensure that the conduct of English subjects abroad did not bring disrepute upon the Crown or jeopardise diplomatic relations with foreign sovereigns. There is also a clause regarding the potential termination of these privileges. If it were to appear to the King or his heirs that the grant or the trade itself was no longer profitable to the realm or had become a burden rather than a benefit - the Crown reserved the right to revoke the letters patent. However - this could probably only be done after a three-year notice period had been given to the Company. This transition period was designed to allow the merchants to settle their affairs - return their ships - and recover their capital before the monopoly officially ceased to exist. The King also issued a general command to all his ministers - officers - and subjects to be helping and assisting to the Governor and Company in the execution of their duties. Whether in the departure of ships or the imposition of order upon servants and soldiers - all royal subjects were expected to support the Company’s operations. This reinforced the model of the East India Company as a state-sanctioned extension of English power - operating with the full - if conditional - blessing of the monarchy. Interpretations Three year: This notice period was a vital safeguard for the Company’s investors - as it ensured that a sudden whim of the monarch could not instantly destroy the value of goods currently in transit from Asia. Abuses and injuries: This phrase highlights the frequent conflicts between Company employees and local populations; the Crown wanted to ensure the Company took responsibility for the discipline of its own people. Profit to the Realm: The ultimate justification for the monopoly was national wealth; if the Company failed to bring in bullion or provide tax revenue - the King had the legal grounds to dissolve the corporation. Perhaps: The mention of “Soldier” alongside “Servant” in the text confirms that by 1661 - the Company was already viewed as a military organisation as much as a commercial one. Assisting: This command turned every local magistrate or port official into a protector of the Company’s interests - making it very difficult for independent merchants to find support within the English legal system. |
193 | 172 | [...] [...] to the [...] of English [...] Trading into the East Indies Dated the 3d April in the 25th yeare of his Reigne [...] the Second by the grace of God King of England Scotland France and Ireland Defender of the faith [...] To [...] to whom these presents shall come Greeting Whereas at the suite of our wellbeloved Subjects the Governor and Company of Merchants of London trading into the East Indies for the honour and profit of this our Realme and for the encrease of Trade in those remote parts We have by our Royall Charter or Letters Patents bearing date at Westminster the third day of Aprill in the fifteenth yeare of our Reigne granted unto the said Governor and Company of Merchants of London trading into the East Indies and their Successors that they and their Successors and their factors Servants and Assigns in the trade of Merchants for them and on their behalfe and not otherwise shall for ever have use and enjoy the whole and entire Trade and only Trade and Traffique unto and from the East Indies and only shall use and exercise the Trade and Traffique and use the Seas and Trade of Merchandize to and from the said East Indies and to and from all the Islands Ports Havens Cities Towns and places within their said Charter that is to say to and from the said East Indies in the Countries of Asia and Africa and to and from the Islands Ports Havens Seas Cities and Towns and places of Asia Africa and America or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan where any trade or Traffique of Merchandize may be used or had And that it should and may be lawfull to and for the Governor and Company and their Successors from time to time and at all times hereafter to erect and build such Forts fortifications Forts Garrisons and to erect such Colonies and make such Plantations at St Helena as also elsewhere within the limits and bounds of Trade granted unto the said Governor and Company as aforesaid as they in their discretions shall think fit and requisite for the carrying on of Trade [...] [...] to be done in the same [...] | The document identifies that the King, Charles the Second, issued a new set of letters patent dated the 3d April in the 25th year of his reign. This charter was granted to the Governor and Company of Merchants of London trading into the East Indies for the stated purpose of advancing the honour and profit of the realm. It explicitly references an earlier royal charter from the fifteenth year of the King’s reign, which had first established the Company’s exclusive rights to the entire trade and traffic of the East Indies. The geographical scope of this monopoly is reaffirmed as extending across the countries and islands of Asia, Africa, and America, from the Cape of Bona Esperanza to the Straits of Magellan. Within these vast limits, the Company and its successors were granted the liberty to use the seas for merchandise and to conduct their affairs on their own behalf. The King confirmed that no other subjects were permitted to exercise this trade, protecting the Company’s position as the sole legal entity for English commerce in these remote parts of the world. A specific provision in this text highlights the Company’s authority to establish a physical presence in these regions. The Governor and Company were empowered to erect and build forts, fortifications, and garrisons, as well as to establish colonies and plantations. Notably, St Helena is named as a specific location for such activity, alongside any other places within the bounds of their trade. The decision to develop these settlements was left to the discretion of the Company, provided they were deemed requisite for the successful carrying on of their commercial operations. Interpretations St Helena: This mid-Atlantic island was a vital stopping point for fresh water and supplies; its specific mention in the charter underlines its strategic importance for ships returning from the East Indies. 25th yeare: The dating of this document to 1673 or 1674 (depending on the calendar used) indicates a reaffirmation of the Company’s powers over a decade after the initial 1661 charter. Suit of our wellbeloved Subjects: This phrase indicates that the charter was not a spontaneous gift from the King but was probably the result of a formal petition and negotiation by the Company’s directors. Perhaps: The mention of America alongside Asia and Africa suggests that the Company’s legal reach was intended to be global, potentially covering any newly discovered lands in the Pacific or southern oceans. Letters Patents: These were open letters from the Sovereign, written in English or Latin and intended to be read by all, serving as public proof of the rights and monopolies granted to the corporation. Defender of the faith: This traditional title of the English monarch was included in the preamble to assert the King’s full spiritual and temporal authority over his subjects, even those acting in distant territories. |
194 | 173 | 2 Send out of this Kingdom to the said Places fortifications Castles Forts Garrisons Colonies Plantations all kinds of Cloathing Provisions Victualls Ammunition and Supplyments Necessary for the said Places without paying of any Custom Subsidy or other Duty for the same As also to Govern them in such Legall and Reasonable Manner as the Governor and Company shall think fit and to inflict punishment for Misdemeanors or impose fines upon for breach of their orders as in our said Charter are expressed And whereas also by our said Royall Charter or Letters Patents Wee have ordained that there shall be a Governor and twenty four Committees of the said Company to be Elected and Appointed in such forme as therein is expressed Who shall have from time to time have the Direction of the Voyages of and for the said Company and the Provision of the Shipping and Merchandizes thereunto belonging and also the sale of all Merchandizes goods and other things Returned in all or any of the Voyages of Ships of or for the said Company and the managing and handling of all other the businesses affaires and things concerning the said Company and likewise that it shall and may be lawfull to and for the said Governor and Company for the time being or the Major part of them present at any publique Meeting commonly called the Generall Court holden for the said Company the said Governor of the said Company always being one from time to time to Elect nominate and appoint one of the said Company to be the Deputy to the said Governor who from time to time in the absence of the said Governor shall execute and exercise the said Office of Governor of the said Company in such sort as the said Governor ought to do as by our said Charter Letters Patents reference thereunto had among divers other powers liberties immunities privileges and preheminences may more fully appeare And whereas in pursuance of our said Royall Charter the said Governor and Company did at their own charge and have Erected severall Forts and fortifications at and upon an Island Situate in or near Africa beyond the Line on the side of the Cape of Bona Esperanza and placed Garrisons therein and have proceeded to plant people on the same and for that purpose to Transport divers of our Subjects who there willing to goe and to inhabit the said Island there to remain And the State of the United Provinces have by force of armes dispossessed thereof by the Subjects and have by the said State by the said States and their Subjects | The charter granted the Company the authority to export all necessary clothing - provisions - victuals - and ammunition to its various overseas fortifications and colonies. This transport was specifically exempted from any custom or subsidy - provided the items were intended for the maintenance and supply of the Company’s garrisons and plantations. Furthermore - the Governor and Company were empowered to govern these settlements in a legal and reasonable manner - which included the right to punish misdemeanours and impose fines for any breach of their established orders. The administrative structure of the Company was also confirmed - consisting of a Governor and twenty-four Committees elected to manage its affairs. These officials held the direction over all voyages - the provision of shipping - and the sale of returned merchandise. The charter also provided for the election of a Deputy Governor at a General Court - who would exercise the full authority of the Governor in his absence. This formal hierarchy was intended to ensure the consistent management of the Company’s business and its diverse legal privileges. A specific conflict is noted regarding an island located near Africa beyond the equator - where the Company had previously erected forts and settled people at its own expense. The text records that while the Company had transported willing subjects to inhabit this location - the forces of the United Provinces had subsequently dispossessed them by force of arms. This mention of a military confrontation with a rival European power highlights the volatile nature of colonial expansion during this period and the challenges the Company faced in maintaining its overseas possessions against foreign aggression. Interpretations Twenty four Committees: These were not committees in the modern sense but rather twenty-four individual directors who - alongside the Governor - formed the executive board responsible for all high-level decision-making. United Provinces: This refers to the Dutch Republic - England’s primary commercial rival in the seventeenth century - whose own East India Company (the VOC) frequently clashed with English interests. Beyond the Line: A common maritime phrase referring to the equator - indicating that the island in question was located in the Southern Hemisphere. Perhaps: The mention of subjects being “willing to goe” was probably included to clarify that the Company was not engaged in the forced transportation of English citizens - a sensitive legal issue at the time. Deputy Governor: The creation of this role ensured that the Company’s legal and executive functions would not be paralysed if the Governor was ill or otherwise unavailable to preside over the courts. Misdemeanors: The power to punish these minor offences on-site was essential for maintaining the discipline of soldiers and settlers in isolated garrisons far from the reach of English domestic courts. |
195 | 174 | [...] [...] and keep the quiet possession thereof for several Months together And whereas the blessing of God on our Royall Ships and Forces under the Command of Sir R[ic][h][a][r][d] [...] the said Island and all and singular the said forts [...] and other the appurtenances thereunto belonging were Retaken from the said States and their Subjects and a Garrison of our Subjects placed there by Virtue or Right whereof the said Island and all and singular the forts and fortifications Erections and Buildings thereon with the Appurtenances vested in Us our heirs and Successors in Right of our Crown [...] all Artillery Ordnance Ammunition Weapons ordnance munition Magazine Stores goods Chattells and Moveables whatsoever which were there found at the time our said Forces Retook the same As aforesaid Do of Right belong unto Us and to no other And whereas it hath been found by Experience found to be very necessary and conducing for our Loving Subjects the said Governor and Company of Merchants Trading to the East Indies for Refreshing of their Servants People upon their Returne homewards being often then very much Decayed in their health by reason of their long voyage under their hot Climates Whereupon our Subjects the said Governor and Company have besought Us to grant and confirme the same unto them Now Know ye that forasmuch as we have found by experience that the said Trade into the said East Indies hath been managed by the said Governor and Company to the Honour and Profit of this our Realme and to Us And out of our earnest Desire that the said Governor and Company May be and grow more Mature and more Encouraged in that Difficult and hazardous our Trade and Traffique in those remote parts of the world We therefore of our Speciall Grace certain knowledge and meer motion have given granted and confirmed and by these Presents for Us our heirs and Successors do give grant and confirm unto the said Governor and Company of Merchants of London trading into the East Indies their Successors and Assigns That the said Island with all the Lands Territories and [...] whatsoever and also all Woods Meadows Pastures Marshes [...] Waters Rivers Bays Havens Ports Isles Islets within the bounds or Limits thereof with the [...] and all other [...] and all other [...] within the same together with the [...] The text recounts a significant military engagement where the island of St Helena, having been seized and held by the Dutch for several months, was successfully retaken by the King’s royal ships and forces under the command of Sir Richard Munden. By virtue of this conquest, the island, along with all its forts, fortifications, and buildings, as well as the artillery, ammunition, and stores found therein, became the legal property of the English Crown. The King asserted that these assets belonged to him “of Right” and to no other. However, the King acknowledged the practical necessity of the island for the welfare of his subjects. Experience had shown that the servants and people of the East India Company often returned from their long voyages in a state of “decayed” health due to the harsh conditions of hot climates. St Helena served as an essential location for “Refreshing” these crews on their homeward journey. Recognising that the Company’s trade had consistently brought honour and profit to the realm, the King decided to encourage them in their “Difficult and hazardous” work by granting them the island. Consequently, the King, out of special grace and certain knowledge, formally granted and confirmed the island to the Governor and Company and their successors. This grant encompassed not only the lands and territories but also all the natural features of the island, including its woods, meadows, pastures, marshes, waters, rivers, bays, and ports. By this act, the Company transitioned from merely occupying the island to holding it as a formal territorial possession under the Crown, ensuring a secure base for the recovery and resupply of their fleet. | The charter establishes the legal foundation for the transformation of St Helena from a military conquest into a corporate territory. Following the successful recapture of the island from the Dutch by Sir Richard Munden, the King asserted his absolute right to the land, its fortifications, and its stores by right of the Crown. This transition from a state of war to a state of settled possession allowed the Sovereign to then transfer those rights to the Company as a gesture of royal favour and practical necessity. The King acknowledged that the long voyages through hot climates often left the Company’s servants and sailors in a state of decayed health. St Helena was therefore granted to provide a place of refreshing for these men on their return journey to England. By giving the Governor and Company the woods, meadows, pastures, and ports of the island, the Crown ensured that the merchants had the resources to maintain a self-sustaining base. This grant was intended to encourage the Company in its hazardous trade, which was viewed as being to the honour and profit of the entire realm. Interpretations Sir Richard Munden: The naval commander who led the 1673 expedition to retake the island; his victory was the immediate legal cause for the land vesting in the Crown. Decayed: This term highlights the physical toll of seventeenth-century seafaring, where malnutrition and disease were constant threats to the survival of the Company’s human capital. Vested in Us: A legal confirmation that the island was no longer a disputed territory or a private holding but was officially a part of the King’s dominions by right of arms. Speculations Perhaps the King’s decision to grant the island to the Company was a way to avoid the significant and ongoing expense of maintaining a permanent royal garrison in the middle of the Atlantic. The mention of “Refining” suggests that the island was not just a military outpost but was envisioned as a vital agricultural and medical hub for the recovery of sick mariners. It is probably the case that naming St Helena specifically in the charter gave the Company a unique legal standing there that it did not necessarily possess in its more precarious Indian factories. The inclusion of “all Woods and Meadows” indicates that the Crown expected the Company to develop the island’s interior for farming rather than just maintaining a coastal fort. |
196 | 175 | 4 Whether the same be already Discovered or not Discovered [...] and all Gold Silver Gemms and Precious stones and all other whatsoever be it of Stones metalls or any thing whatsoever be it found or to be found Within the Limits or precincts of the said Island And premises aforesaid And all and Singular Royalties Revenues Rents Territories Ports Forts Buildings & Fortifications Erected and to be Erected on the Premisses or any Part thereof and all Priviledges Franchises Preheminences and Hereditaments whatsoever within the same or to them or any of them belonging or in anywise Appertaining in as large and ample manner to all intents and purposes and Constitutions as we now or may Enjoy or may of Right have and Enjoy the same by vertue and force of our late Conquest thereof or other wise howsoever And to them the said Governor and Company of Merchants of London Trading into the East Indies their Successors and Assigns We do by these Presents for Us our heirs and Successors Make Give and Grant the full and absolute power and proprietie of the Island and Premisses aforesaid and every part and parcel thereof saving and always Reserving to Us our heirs and Successors the faith and Allegiance to Us due and belonging and our Royall Power and Sovereignty of and over our Subjects and Inhabitants there To have hold Possess and Enjoy the said Island and all and Singular the premisses hereby granted and mentioned To be granted unto them the said Governor and Company of Merchants Trading into the East Indies their Successors and Assigns for ever To the only use of them the said Governor and Company and their Successors for evermore To be holden of Us our heirs and Successors as of our Mannor of East Greenwich in free and common Soccage and not in Capite nor by Knights Service Yielding and Paying therefore yearly the Rent or [...] of one [...] More Especially Know Ye that We of our Speciall Grace certain knowledge and meer motion have given granted and by these presents give grant and confirm unto the said Governor and Company and their Successors and Assigns all that Island [...] to them and their proper use and benefit all that Artillery and all and Singular Arms weapons ordnance Munition Powder shot Victualls Magazines stores Ammunition and provisions and all Ships Vessells Boats and all manner of Merchandize and goods effects and chattells whatsoever Goods or Merchandize now Remaining and being within or upon the premisses [...] and all [...] and all things whatsoever [...] | The King formally granted the Governor and Company of Merchants of London trading into the East Indies the full and absolute ownership of the island of St Helena and all its territories. This grant included everything found within the limits of the island - whether already discovered or yet to be discovered - such as gold - silver - gems - and precious stones. All metals and minerals were included in the transfer. Furthermore - the Company was granted all royalties - revenues - rents - ports - forts - and fortifications already erected or to be built in the future. These privileges and properties were given in as large and ample a manner as the King himself might have enjoyed them by right of his recent conquest. While the Company was given the property and its profits - the King specifically reserved the faith and allegiance of the inhabitants and his own royal sovereignty over all subjects on the island. The island was to be held by the Company for ever as of the Manor of East Greenwich in free and common soccage - rather than by more restrictive feudal tenures such as knights’ service. In addition to the land - the King granted all artillery - arms - weapons - ammunition - and victuals remaining on the premises. This also extended to all ships - vessels - and merchandise currently found upon the island - which were to be used for the sole benefit of the Company and its successors. Interpretations Soccage: A type of land tenure that involved the payment of a fixed rent or service rather than the military obligations required under feudalism. East Greenwich: A legal fiction used in colonial charters to simplify land law - treating overseas territories as if they were part of a specific royal manor in England to avoid complex feudal disputes. In Capite: A form of tenure held directly from the King which usually involved burdensome legal obligations that were bypassed by this specific grant. Speculations Perhaps the King insisted on the “East Greenwich” clause to ensure that the legal administration of the island remained tied to English common law rather than creating a new legal system? It is probably the case that the inclusion of “all Gold and Silver” was a standard legal precaution to ensure the Company had the incentive to mine the island if minerals were ever found. Why did the King explicitly exclude “Knights Service” unless he wanted to make it clear that the Company was a commercial entity rather than a military vassal? |
197 | 176 | 5 London Trading into the East Indies that for the better supply of the said Island (being a Place free Trade or Traffique) and with Castles Fortifications Forts Garrisons Colonies and Plantations erected and placed and to be erected some placed or upon the said Island or within the precincts or Limits thereof and of the Inhabitants to send out of this Kingdom to the said Island and to the said Castles Fortifications Forts Garrisons Colonies Plantations and Inhabitants thereof all kinds of Cloathing Provisions Victualls and munition ordnance and Supplyments Necessary for such purpose without paying any Custom Subsidy or other Duty for the same As also to transport and convey such number of men from time to time thither as they shall think fit and for as much as wee have made such Grant of the said Island and premises to the said Governor and Company of Merchants of London Trading into the East Indies and their Successors as is before mentioned it is therefore for the better supply thereof and of Shipping and Jurisdiction to grant unto them as to Requisite for the good Government and Safety thereof and of the Inhabitants thereof Now Wee therefore further trusting especially in the fidelity Justice and good Behaviour of them the said Governor and Company and of their Successors Have granted And by these presents for Us our heirs and Successors do grant unto the said Governor and Company of Merchants of London Trading into the East Indies and their Successors That it shall and be lawfull to and for the said Governor and Company for the time being or the major part of them present at any Court to be holden commonly called the generall Court for the said Company or of the said Company or Deputy being always one or the Governor or his Deputy and Committees for the time being or the major part of them present at any other Court commonly the generall Court of Committees holden for the said Company the Governor or his Deputy being always one from time to time ordain make establish and under their Common Seale to publish any Laws and ordinances and Constitutions whatsoever for the government and other use of the said Island and premises and the Inhabitants thereof and the same or any of them abrogate and change as they in their Discretion shall think fit and convenient And also to impose Limitts and provide such pains penalties and penalties by fines or Imprisonment or both so as the quality of the offence shall require or being a way fit and necessary As the said Governor and Company for the time being or the major part of them present | The King granted the Governor and Company the right to supply the island of St Helena, which was designated as a place of free trade and traffic. For the maintenance of the various castles, fortifications, and plantations, the Company was authorised to send clothing, provisions, victuals, and munitions from the kingdom without the payment of any custom, subsidy, or other duty. This privilege extended to the transport of as many men as the Company deemed necessary to populate and defend the island. Having granted the territory to the Company, the King further entrusted them with the jurisdiction required for its good government and safety, citing his confidence in their fidelity and justice. Legal authority was vested in the Governor and Company to establish laws and ordinances for the island. These laws were to be ordained and published under the Common Seal of the Company during a General Court or a General Court of Committees, provided the Governor or his Deputy was present. The Company was empowered to abrogate or change these laws as seen fit and to impose penalties for offences. These punishments could include fines, imprisonment, or both, depending on the nature of the crime and what was deemed necessary for the maintenance of order and the security of the inhabitants. Interpretations Free Trade or Traffique: In this context, the term implies that the island was to serve as an open port for the Company’s ships, exempt from the usual restrictive trade duties imposed at other ports. Common Seale: The official seal of the Company used to authenticate and give legal force to its corporate acts, laws, and ordinances. Committees: The individual directors of the Company who sat on the executive board to manage its day-to-day administrative and legislative functions. Speculations Perhaps the grant of “free trade” was intended to ensure that St Helena remained a low-cost logistical hub rather than a revenue-generating port for the Crown? It is probably the case that the power to imprison inhabitants was essential for a location so far removed from the direct judicial oversight of the English courts. Why did the King explicitly mention his trust in the “fidelity” and “Justice” of the Company unless there was a need to legally justify delegating sovereign powers to a private commercial body? |
198 | 177 | 6 Such generall Court or to the said Governour or his Deputy or Committees of the said Company or the major part of them present at any such Court of Committees as aforesaid the said Governour and his Deputy being alwaies one shall seem necessary Requisite and Convenient for the observation of the same Laws Constitutions Orders and Ordinances and for punishment of offenders against the same to be alwaies as the said Laws Constitutions Orders and Ordinances appoint punishment and penalties to be Consonant to Reason and not Repugnant or Contrary but as near as may be agreeable to the Laws of this our Realme of England and Subjects of the same thereunto Conformable And we of our further Speciall Grace certain knowledge and meer motion We do by these presents for Us our heirs and Successors give and grant unto the said Governour and Company and their Successors That it shall and may be lawfull to and for the said Governour and his Deputy and the Committees of the said Company for the time being or the Major part of them at any of their said Courts commonly called the Court of Committees holden for the said Company from time to time to nominate make and Constitute and ordain and appoint in forme by such name or names stile or stiles as to them shall seem good such Governours or Governour Officers or Ministers Justice Justices Agents or other servants and agents as shall be by them thought fit and needfull to be made and used for the good government and other uses and service of the said Island Territories and the people and the Forts Fortifications and other Hereditaments hereby granted and that such Governours Governour Officers or Ministers Justices or Agents at their discretion to Remove Discharge alter and Change and also to dispose alter and Change all and singular the Governours and Governour Officers Justices and Ministers as heretofore have been used and appointed for the government and of the said Island Territories and the people and the Forts Fortifications Territories and the premises Lands and things present for Us our heirs and Successors to give and grant unto the said Governour and Company their Successors That it shall and may be lawfull to and for the said Governour or his Deputy and Committees of the Company for the time being or the major part of them by their Votes or of their Governour and Deputy Officers and Ministers to be appointed and made as aforesaid according to the Nature and Tenures of the said Offices Offices and places within the said Island Territories and premises and execute and enjoy the same and for the better government peace and good rule of the subjects of Us our heirs and Successors Resiant and being or that shall inhabit within the said Island and premises according to such Laws Constitutions Orders Ordinances and Constitutions as by the said Governour and Company and generall Court or Court of Committees aforesaid shall be established and to use and Execute them according to their Places and offices respectively in all matters and things appertaining to the same in such manner as they shall be from time to time directed and appointed by the said Governour and Company or their Committees for the time being or major part of them present at such Court or Courts respectively | It was established that the Governor, his Deputy, and the Committees of the Company, or a majority of them present at a Court of Committees, held the authority to ensure that all laws, constitutions, orders, and ordinances were observed. This power included the right to punish any offenders as prescribed by the specific penalties attached to those regulations. A significant condition was placed upon this legislative power: all such laws and punishments were required to be consonant with reason and not repugnant or contrary to the laws of the Realm of England. Instead, they were to be as agreeable and conformable to English law as possible. The King further granted the Company the absolute right to nominate, constitute, and appoint various officials for the management of the island and its territories. The Company was permitted to choose the titles and styles for these roles, which included governors, officers, ministers, justices, agents, and other servants deemed necessary for good government and the service of the island’s forts and fortifications. This administrative control included the discretionary power to remove, discharge, or change any such officials, including those who had previously been appointed to govern the island and its people. For the better government and peace of the subjects residing on the island, these appointed officers and ministers were authorised to execute their offices according to the nature of their positions. They were required to govern the inhabitants according to the specific laws and constitutions established by the Company’s General Court or Court of Committees. In all matters appertaining to their roles, these officials were to be directed and appointed by the Governor and Company or their Committees as determined during their respective court meetings. Interpretations Consonant to Reason: A legal requirement ensuring that any new regulations or punishments created by the Company were logical, fair, and based on established principles of justice. Repugnant: In this legal context, the term refers to any local law that would directly contradict or clash with the fundamental laws of England. Hereditaments: A technical term referring to any type of property that can be inherited, which in this document includes the forts, lands, and physical assets of the island. Resiant: An archaic term for a person who is a resident or inhabitant of a particular place, specifically referring here to the subjects living on St Helena. Speculations Perhaps the requirement for laws to be “agreeable to the Laws of England” was a safeguard to prevent the Company from exercising tyrannical or arbitrary power over English subjects? It is probably the case that the power to “Remove, Discharge, alter and Change” officials was included to ensure the Company could quickly replace any governor who proved to be incompetent or disloyal. Why was the Company given the freedom to choose any “name or names, stile or stiles” for its officers, unless the Crown wished to allow for flexibility in how authority was projected in a remote colony? |
199 | 178 | 7 And also to the said Cheife Governour or Governours now of the said Island of St Helena To be delegated to command and rule have Judgements all actions and causes whatsoever of any nature or quality to execute and every such Judgement awards and determinations and proceedings Reasonable and not repugnant or contrary but as near as may be agreeable to the Laws Statutes of this Realm and Policy and Customs of England and subjects thereof and we do hereby confirme and grant unto the said Governour and Company and their Successors as also to all and every such Governour or Governours now or hereafter to be appointed by the said Governour and Company and Committees of the said Company as aforesaid to have full power and Authority of Government and command to rule and support and stand in the stead and place of them that are lawfully may from time to time and at all times hereafter to use and exercise their several Offices and safety and defence of the said Island Territories and premises whatsoever as well by Sea as by land and all manner of persons whatsoever all and every such person and persons whatsoever to be obedient unto them and every of them according to their respective offices and authority of Us our heirs and Successors and of the said Governour and Company and their Successors that attempt to infringe or break the peace and order of the said Island and also every such person or persons whatsoever shall make enterprise or attempt obstruction invasion or detriment against the same or any of our subjects trading or transporting or traffique which may be done further for our heirs and Successors We do further for Us our heirs and Successors give and grant That the said principal Governour of the said Island from time to time shall be nominated or appointed in manner aforesaid and shall have full power and authority in execution their respective places and offices and execute all powers and authorities in such manner as is directed within the said Island Territories and premises and to the said Governour and Company or their Committees for the time being or the major part of them as they shall from time to time direct and appoint More Especially Know ye that We of our Speciall Grace certain knowledge and meer motion have given and grant unto the said Governour and Company their Successors That it shall and may be lawfull to and for the said Governour or his Deputy for the time being or the appoint of the said Company for the time being or the Major part of them at any of their said Courts commonly called the Court of Committees from time to time and at all times hereafter to administer such oaths and take such bonds as shall be thought fit and necessary for the faithful performance of their several offices and places and to the said Governour and Company and their Successors to take and receive such sums of money and other things as by reason of any breach or offence shall grow due and payable to them according to the Laws and Ordinances by them made and established for the good Government of the said Island Territories and premises | The King declared that the chief governor or governors of St Helena were delegated the authority to rule and to hold judgements on all actions and causes of any nature. These judgements, awards, and legal proceedings were required to be reasonable and as agreeable as possible to the laws, statutes, policy, and customs of England. This power of government and command was confirmed to the Governor and Company and their successors, as well as to any officials they might appoint to stand in their place. These officers were authorised to exercise their duties for the safety and defence of the island and its territories by both sea and land. All persons were commanded to be obedient to these officials according to their respective authorities. This mandate applied especially to any who might attempt to break the peace or order of the island, or those who might attempt any obstruction, invasion, or detriment against the King’s subjects involved in trade or traffic. The principal governor was empowered to execute his office within the island and its territories in such a manner as directed by the Governor and Company or their committees. Furthermore, the King granted the Governor or his deputy the power to administer oaths and take bonds from officials to ensure the faithful performance of their duties. The Company was also authorised to take and receive any sums of money or other things that became due as a result of fines or breaches of the laws and ordinances established for the good government of the island. These financial penalties were to be collected according to the rules made by the Company for the maintenance of order within their territories. Interpretations Actions and causes: A broad legal term referring to all types of civil and criminal lawsuits or legal disputes that might arise among the inhabitants. Statutes: Written laws passed by a legislative body, in this case referring to the formal acts of the English Parliament which served as a model for the island’s governance. Bonds: Legal agreements or financial guarantees that officials were required to provide as security for their honest and competent conduct in office. Speculations Perhaps the requirement for officials to take oaths was a way to ensure that their primary loyalty remained with the Company and the Crown despite the great distance from London? It is probably the case that the authority to defend the island “as well by Sea as by land” was intended to allow the governor to commission local vessels for anti-piracy or coastal defence. Why was it necessary to specify that punishments should not be “repugnant” to English customs unless there was a concern that colonial governors might invent unconventional or harsh penalties? |
200 | 179 | 8 All what Nature however or by what means soever the same be found within the said Island whether upon or places in the said Island which is made for the good Government thereof and the Inhabitants there as for the use and benefit and other use or benefit thereof and such goods profits commodities wares and things whatsoever are committed to the Custody or any of their Government or are and use and also to use such goods or the Governour and Company with the Major part of the said Committees for the time being shall think meet for the Examination or hearing the truth in any case whatsoever concerning the Company or belonging to the said Island St Helena or concerning any persons from thence proceeding or thereunto belonging And We do for Us our heirs and Successors give and grant unto them the said Governour and Company and their Successors that the Chief Governour and Council Resident in the said Island or such number as they shall think fit shall have full power to administer formal and legall oath to all officers Ministers and servants whatsoever in the said Island St Helena for the true and faithfull Discharge of their severall places Offices and services and also at any time and for any Cause whatsoever for the Examination satisfying and hearing of the truth in any cause or matter concerning the said Island St Helena or any other particular or dispute there arising for the maintenance and administration of Peace and Justice amongst the Inhabitants of the said Island or any other person or persons there residing and our pleasure is and we do for Us our heirs and Successors declare these presents that all and every person or persons being our Subjects which shall or shall inhabit within the said Island and every of their children and posterity which shall happen to be borne within the limits thereof shall have and enjoy all liberties franchises immunities capacities and abilities of free denizens and naturall Subjects within any of our Dominions to all intents and purposes as if they were born within this our Kingdome of England or in any other of our Dominions And also we do give and grant unto the said Governour and Company of Merchants of London trading into the East Indies that they their Successors shall and lawfully may use and exercise within the said Island such powers authorities and jurisdictions as shall be necessary for the good Government and defence of the said Island and the Inhabitants thereof and also to erect and build such Forts Castles and other works of defence as they shall think fit and convenient and to furnish the same with all necessary Arms Ammunition and provisions and to raise and levy such forces as shall be necessary for the defence of the said Island and the Inhabitants thereof and to appoint such Officers and Ministers for the government thereof as they shall think fit and to do and execute all and every such acts matters and things as to the good Government defence and safety of the said Island shall be necessary and expedient according to the Laws and Statutes of this Realm and as shall be from time to time directed by the said Governour and Company | The King provided that all natural resources, goods, profits, and commodities found within St Helena were to be managed for the good government of the island and the benefit of the Company. Full authority was granted to the Governor and Company to oversee the custody of these assets and to use them as they deemed appropriate for the island’s affairs. This power extended to the hearing and examination of any legal cases concerning the Company, the island, or its inhabitants. To ensure the truth was established in such matters, the Chief Governor and his Council were authorised to administer formal and legal oaths to all officers, ministers, and servants. These oaths were intended to guarantee the faithful discharge of duties and to assist in the maintenance of peace and justice among all residents. A significant royal declaration was made regarding the status of the people living on the island. It was decreed that all subjects inhabiting St Helena, along with their children and future descendants born there, would enjoy the same liberties, franchises, and immunities as free denizens and natural-born subjects of the Kingdom of England. They were to possess the same legal capacities and abilities as if they had been born within any of the King’s dominions. This ensured that those settling in this remote territory did not lose their rights as English citizens. Furthermore, the Company was empowered to exercise all jurisdictions necessary for the defence and security of the island. This included the right to build forts, castles, and other defensive works and to equip them with arms, ammunition, and provisions. The Governor and Company were also authorised to raise and levy military forces for the protection of the inhabitants. All such acts of government and defence were required to be carried out in accordance with the laws and statutes of the Realm and under the direction of the Company’s leadership in London. Interpretations Free denizens: Individuals who were granted certain rights of citizenship in England, though not necessarily all the privileges of a natural-born subject. Natural Subjects: Persons born within the allegiance of the Crown who possessed full legal rights, such as the ability to inherit land and hold office. Liberties and franchises: Specific legal rights or exemptions granted to individuals or corporations by the Sovereign. Speculations Perhaps the decree regarding the citizenship of those born on the island was intended to encourage long-term settlement and the creation of a stable, loyal population? It is probably the case that the power to “raise and levy” forces was essential because the distance from England made it impossible for the Royal Navy to provide immediate protection against sudden attacks. Why was the administration of oaths mentioned so frequently unless there was a deep concern about corruption or perjury among the Company’s remote officials? |
201 | 180 | [...][...] or in any wise notwithstanding In witne[...] whereof have caused these our Letters to be made Patents witness our Selfe at Westminster the sixteenth day of December In the five and twentieth yeare of our Reigne By writt of Privy Seale [...][...] | The King concluded the charter by declaring that all its provisions remained valid despite any potential legal or technical errors in the document. To formalise this grant, he ordered the creation of these letters patent. The document was witnessed by the King himself at Westminster on 16 December. This event occurred in the twenty-fifth year of his reign. The authority for the grant was confirmed by the writ of the Privy Seal. Interpretations Letters Patent: Open royal documents addressed to all subjects, used to grant or confirm rights, titles, and privileges. Westminster: The primary seat of the English government and the location of the royal court where significant legal documents were issued. Privy Seal: A smaller royal seal used to authorise the use of the Great Seal on formal documents, acting as a personal mark of the King’s approval. Twenty-fifth year: Since Charles II dated his reign from the death of his father in 1649, this corresponds to the year 1673. Speculations Perhaps the specific mention of “notwithstanding” any errors was a legal safeguard to prevent future lawyers from finding loopholes to revoke the Company’s rights? It is probably the case that the timing of this charter in late 1673 was directly linked to the recent military recapture of the island from the Dutch. Why was the document issued by “writ of Privy Seal” rather than through a more public parliamentary process, unless the King wished to maintain personal control over colonial expansion? |
202 | 181 | The East India Companies new Charter August the 3d 35 Car II Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c To all to whom these presents shall come Greeting Whereas our well beloved Subjects the Governour and Company of Merchants of London trading into the East Indies have been of long time a Corporation and body politique by the name of the Governour and Company of Merchants of London trading into the East Indies and have Enjoyed and used Divers Liberties priviledges and Immunities by force of severall Letters Patents and Charters heretofore granted to them by our late Royall Progenitors Queen Elizabeth and King James of Blessed Memory which upon the humble Petition of our said Subjects we have been graciously pleased to grant and confirme by our Letters Patents and under our Great Seale bearing date the Third day of Aprill in the fifteenth yeare of our Reigne Wherein some alterations and additions to the said Trade and advantages and Traffique which we have thought fit to grant and establish for the said Company and their Successors and also for their better government and direction have granted and confirmed unto our said Company of Merchants of London Trading into the East Indies That they from thenceforth for ever should be one body corporate and politique in deed and in name by the Name of the Governour and Company of Merchants of London trading into the East Indies and them by the name of the Governour & Company of Merchants of London trading into the East Indies one body politique and corporate in name and deed by our said Letters Patents have incorporated and established and that the same Governour and Company of Merchants of London trading into the East Indies they should have perpetuall succession and that they and their Successors by the name of the Governour and Company of Merchants of London trading into the East Indies should and might sue and be sued and implead and be impleaded and answer and be answered unto in all Courts and places whatsoever | It was stated that a new Charter of the East India Company had been issued on 3 August 1683 in the thirty-fifth year of the reign of Charles II, King of England, Scotland, France, and Ireland, Defender of the Faith. All recipients of the document were addressed with greeting. It was declared that the Governor and Company of Merchants of London trading into the East Indies had long existed as a corporate and political body under that name. It was recorded that they had enjoyed and exercised various liberties, privileges, and immunities by virtue of several Letters Patent and Charters previously granted by their royal predecessors, namely Elizabeth I and James I, described as being of blessed memory. It was explained that, following the humble petition of these subjects, their rights had been graciously granted and confirmed by Letters Patent issued under the Great Seal, dated 3 April 1663 in the fifteenth year of the reign of the present king. Within those Letters Patent, certain alterations and additions to the trade, advantages, and commerce of the Company had been established, as had provisions considered appropriate for the Company and its successors, including measures for improved governance and direction. It was further declared that the Company of Merchants of London trading into the East Indies had thereby been granted and confirmed as a single corporate and political body, both in name and in fact, under the title of the Governor and Company of Merchants of London trading into the East Indies. By those Letters Patent, the Company had been incorporated and established as such. It was stated that the same Governor and Company of Merchants of London trading into the East Indies had been granted perpetual succession. It was also established that the Company and its successors, under that name, might initiate legal proceedings and be subject to legal action, might bring and defend cases, and might answer and be answered in all courts and places whatsoever. Interpretations “Letters Patent” was understood to refer to formal legal documents issued by the monarch, granting rights, privileges, or status. “Great Seal” was interpreted as the official seal of the monarch, used to authenticate important state documents. “Body corporate and politique” was understood to mean a legally recognised organisation with its own identity, capable of acting as a single entity in law. “Perpetual succession” was interpreted as the continuous existence of the corporation regardless of changes in its membership. “Implead and be impleaded” was understood to mean the right to bring a legal case and to be brought into one. Speculations Perhaps the repetition of the Company’s full title was intended to reinforce its legal identity and authority? It was probably the case that the confirmation of earlier privileges sought to remove any uncertainty about the Company’s rights under previous monarchs. Perhaps the emphasis on legal capacity, such as the ability to sue and be sued, reflected the growing complexity of the Company’s commercial activities and disputes? |
203 | 182 | 2 The said goods at all times then after should be able and capable in Law to have purchase receive take and inherit Lands Tenements or hereditaments goods Chattells and other things of what kind nature or Quality soever to them and their Successors and also have use by our said Royall Charter of fifteenth yeare We have given unto the said Governour and Company of Merchants of London trading into the East Indies and to their Successors that they and all and every the sole and whole use of the said Company of Merchants of London trading into the East Indies or any of them and all the Servants of them and every of them at their Service upon or beyond the Seas and all Mariners and all such their apprentices factors and servants of them and every of them which shall be employed by the said Governour and Company in the said Trade of Merchandize to the said East Indies beyond the Seas shall and may for ever from the day of the date of our said Letters Patents use and Traffique and use the said Trade of Merchandize by Sea and by the Seas and Rivers from and beyond or within should be found out and discovered as the Cape of Bona and take to be used unto and from the said East Indies in the Countries and parts of Asia Africa and America or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan where any trade or Traffique of Merchandize might be used or had And further that they and their Successors and their Factors Servants and Apprentices in the Trade of Merchandize for them and not otherwise shall have use and enjoy the whole Indies and only Trade and traffique and the whole and only liberty use and exercise of trading and Traffiquing and using the Seas and Trade of Merchandize to and from the said East Indies and to and from all the Islands Ports Havens Cities Towns and places which Wee have by the said Letters Patents or Charter given and granted to Us our heirs and Successors to the said Governour and Company of Merchants of London trading into the East Indies and to their Successors that the said East Indies or the Islands Havens Ports Towns or places thereof or any part thereof should not be visited frequented or used by any of the Subjects of Us our heirs or Successors trading the same or any of the said parts Contrary to the true Meaning of the same And by vertue of our prerogative Royall which we will not have questioned or brought into question we have straightly Charged Commanded and Prohibited for us Our heirs and Successors all the Subjects of Us our heirs and Successors of what degree or quality soever that none of them directly or indirectly do visit haunt frequent or Trade Traffique or adventure by way of Merchandize into or from any the said East Indies or parts thereof or any the Islands Ports Havens Towns Countries or places thereof other then the said Governour and Company of Merchants of London trading into the East Indies and such particular persons to them who are or shall be of that Company thereunto Agents Factors and Servants employed by and with the Licence and agreement of the said Governour and Company of Merchants of London trading into the East Indies in writing first had and obtained under their Common Seale upon the pain and forfeiture of our said Letters Patents at large expressed as by our said Charter or Letters [...][...] at large expressed as by our said Charter or Letters [...] being thereunto duly authorized and empowered [...] their Servants and Apprentices Merchants [...] notwithstanding we are given to understand that [...] contrary to or not in conformity to our said [...] and our Royall command have lately presumed [...] without the Licence of the said Governour [...] Company of Merchants of London trading to the East Indies to trade traffique and adventure into the East Indies and there to Merchandize and adventure on the Seas and within the places and limits in our said Charter comprised and there to Trade and Traffique to the commodities of the Growth and product of the Indies and to the great hurt and Impoverishment of the said Company of Merchants trading to the East Indies and to the Endangering the losse and utter Disruption of that Trade besides other great inconveniences that may thereby thereupon ensue We therefore taking the same into our Princely consideration and weighing the Premisses and it is to the honour and welfare of this Nation and of our good Subjects thereof to Endeavour the utmost for the improving of the said Trade and being fully satisfied that the same by no Means be maintained and carried on on with such advantages as by a Joint Stock and that a large and Generall Stock may be the sure means of the whole to the End that therefore all due Encouragement [...] | It was stated that the Company had been given the legal ability thereafter to purchase, receive, take, and inherit lands, property, and goods of every kind, for themselves and their successors. It was also confirmed that, by the royal Charter granted in the fifteenth year of the reign, these rights had been formally given to the Governor and Company of Merchants of London trading into the East Indies and to those who would succeed them. It was declared that the Governor and Company, together with all members, servants employed overseas, mariners, apprentices, factors, and other workers in their service, had been granted the right from the date of the Letters Patent to carry on trade by sea. This trade was to extend across seas and rivers, both in places already known and those yet to be discovered, from the Cape of Bona Esperanza to the Straits of Magellan, and throughout Asia, Africa, and America wherever trade might be conducted. It was further declared that only the Company, its successors, and those working for them were permitted to carry out this trade. They alone were given the full and exclusive right to trade to and from the East Indies, including all islands, ports, havens, cities, towns, and places named in the Charter. It was established that no subject of the Crown was allowed to travel to, trade in, or make use of the East Indies or any associated places in defiance of the Charter. By royal authority, which was not to be challenged, it was strictly ordered and prohibited that no person of any rank should directly or indirectly trade or venture to the East Indies unless they belonged to the Company or had been authorised by it in writing under its official seal. It was stated that anyone acting without such permission would face the penalties set out in the Letters Patent, although parts of these provisions are now unreadable and are represented as [...]. It was then recorded that, despite these rules, some individuals had recently traded in the East Indies without the Company’s permission, acting against the Charter and the King’s command. These individuals had carried out trade both at sea and within the regions covered by the Charter, dealing in goods produced in the Indies. Their actions were described as causing serious harm and financial loss to the Company, and as putting the continuation of the trade at risk, along with creating further problems. It was declared that these matters had been carefully considered, and that it was important for the honour and welfare of the nation and its people to improve and protect this trade. It was stated that the trade could not be successfully maintained except through a joint stock system, and that a large and shared fund was seen as the best way to support it. It was indicated that, for this reason, proper encouragement [...] was to be provided. Interpretations “Hereditaments” referred to forms of property that could be passed down through inheritance, including land and certain rights connected to it. “Factors” were Company employees sent overseas to manage trade, often buying and selling goods and running trading posts far from England. “Joint stock” described a system in which many investors put money into a shared fund to finance expensive and risky trading voyages. “Royal prerogative” referred to the King’s personal authority to make decisions such as granting trading rights without needing approval from Parliament. Speculations Perhaps the stress on exclusive trading rights reflected growing frustration with independent merchants who were attempting to trade in the same regions without permission? It was probably the case that the reference to a joint stock system showed that earlier methods of organising trade had proved unreliable or too risky for such long distance ventures? Perhaps the concern about harm to the Company also reflected wider fears that disorderly trade could weaken England’s position against other European trading powers in Asia? It was probably intended that the strong language of prohibition would act as a warning, showing that the Crown was willing to support the Company against unauthorised competition? |
204 | 183 | Contrary to the true Meaning of the same And by vertue of our prerogative Royall which we will not have questioned or brought into question we have straightly Charged Commanded and Prohibited for us Our heirs and Successors all the Subjects of Us our heirs and Successors of what degree or quality soever that none of them directly or indirectly do visit haunt frequent or Trade Traffique or adventure by way of Merchandize into or from any the said East Indies or parts thereof or any the Islands Ports Havens Towns Countries or places thereof other then the said Governour and Company of Merchants of London trading into the East Indies and such particular persons to them who are or shall be of that Company thereunto Agents Factors and Servants employed by and with the Licence and agreement of the said Governour and Company of Merchants of London trading into the East Indies in writing first had and obtained under their Common Seale upon the pain and forfeiture of our said Letters Patents at large expressed as by our said Charter or Letters [...] being thereunto duly authorized and empowered [...] their Servants and Apprentices Merchants [...] notwithstanding we are given to understand that [...] contrary to or not in conformity to our said [...] and our Royall command have lately presumed [...] without the Licence of the said Governour [...] Company of Merchants of London trading to the East Indies to trade traffique and adventure into the East Indies and there to Merchandize and adventure on the Seas and within the places and limits in our said Charter comprised and there to Trade and Traffique to the commodities of the Growth and product of the Indies and to the great hurt and Impoverishment of the said Company of Merchants trading to the East Indies and to the Endangering the losse and utter Disruption of that Trade besides other great inconveniences that may thereby thereupon ensue We therefore taking the same into our Princely consideration and weighing the Premisses and it is to the honour and welfare of this Nation and of our good Subjects thereof to Endeavour the utmost for the improving of the said Trade and being fully satisfied that the same by no Means be maintained and carried on on with such advantages as by a Joint Stock and that a large and Generall Stock may be the sure means of the whole to the End that therefore all due Encouragement | It was declared that any actions taken contrary to the true meaning of the Charter were forbidden. By virtue of the royal prerogative, which was not to be questioned or challenged, it was strictly charged, commanded, and prohibited on behalf of the Crown and its successors that all subjects, of whatever rank or status, were not to directly or indirectly visit, frequent, trade, traffic, or undertake voyages of merchandise to or from the East Indies or any part of them. This prohibition extended to all islands, ports, havens, towns, countries, and places within those regions, except in the case of the Governor and Company of Merchants of London trading into the East Indies. Only those persons belonging to the Company, or employed by them as agents, factors, or servants, and holding written permission under the Company’s common seal, were permitted to take part in such trade. Any breach of these rules was to result in the penalties and forfeitures set out in the Letters Patent, although parts of these provisions are now unreadable and have been represented as [...]. It was then recorded that, despite these commands, certain individuals had acted contrary to the Charter and the royal command by trading and undertaking voyages into the East Indies without permission from the Company. These individuals had conducted trade both at sea and within the places defined in the Charter, dealing in goods produced in the Indies. Such actions were described as causing serious harm and financial loss to the Company, and as placing the continuation and stability of that trade at risk, along with creating further serious problems. These matters were taken into princely consideration and carefully weighed. It was observed that the honour and welfare of the nation and its subjects required every effort to improve the trade. The trade was said not to be maintainable or capable of being carried on with advantage except through a joint stock system, and a large and shared stock was considered the surest means of supporting the whole. For this reason, all due encouragement was to be given. Interpretations “Visit, haunt, frequent” was a set of overlapping terms used to cover every possible form of presence or repeated activity, ensuring that unauthorised traders could not avoid punishment by claiming limited involvement. “Common seal” referred to the Company’s official stamp, which confirmed that permission had been granted by the Company as a whole rather than by an individual. “Pain and forfeiture” described the penalties for breaking the Charter, often involving the seizure of goods, ships, or profits, and sometimes additional financial punishment. “Joint stock” referred to a shared investment fund created by multiple contributors, allowing costly and risky overseas trade to be financed collectively. Speculations Perhaps the insistence that the royal prerogative should not be questioned reflected wider political tensions about the limits of royal authority in the late seventeenth century? It was probably the case that the repeated reference to unauthorised traders showed that the Company’s monopoly was being actively challenged in practice? Perhaps the detailed prohibition of different forms of activity was intended to close off common excuses used by merchants attempting to bypass the Company’s control? It was probably intended that linking the trade to national honour and welfare would present the monopoly as beneficial to the country as a whole, rather than as a privilege granted to a single company? |
205 | 184 | Encouragment May be given to an undertaking which is so Conducive to the good of the generall good, and that the undertakers may have encouragements from us to promote the same We do hereby for us Our heirs and Successors give and grant full power and authority unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors for the time being that they by them selves their factors Deputies and assigns shall and may from time to time and at all times hereafter within the limits of the said Charter Enter into any ships Vessells barks Ships Gallies or whatsoever and search and view and seize all and all manner of ships Vessells goods wares and Merchandize whatsoever which shall be brought from or carried to the places before mentioned or any of them Contrary to our will and pleasure before in these presents or in any former Charter or Letters Patents expressed the moiety or one halfe of all such goods seized and taken we do hereby for us our heirs and Successors give and grant unto the said Company and their Successors to their own proper use and behoof without any account or other money or halfes part thereof to be made to the use of us our heirs and Successors and we do of our more especiall grace certaine knowledge and mere motion for us our heirs and Successors give and grant unto the said Governour and Company of Merchants of London trading into the East Indies that the Governour Deputy Governour and Court of the said Company for the time being or any the major part of them duly assembled shall and may have the ordering rule and Government of all such forts factories and Plantations as now are or shall be at any time hereafter settled by order of the said Company within the parts of Asia Africa and America aforesaid and also full power to make and establish and ordain any Statutes laws and ordinances that are or shall be necessary for the good Government of the said Factories in the said parts of Asia Africa and America And also that the said Governour Deputy Governour and Court of the said Company for the time being | It was stated that encouragement might be given to an undertaking considered beneficial to the general good, and that those engaged in it should receive support to promote it. Full power and authority were therefore granted, on behalf of the Crown and its successors, to the Governor and Company of Merchants of London trading into the East Indies and their successors. The Company, acting through themselves or through their factors, deputies, and assigns, was authorised at all times thereafter, within the limits of the Charter, to enter into any ships, vessels, barks, ships, or galleys, and to search, inspect, and seize all ships, goods, wares, and merchandise that had been brought from or carried to the specified places in violation of the royal will as expressed in this or any earlier Charter or Letters Patent. It was further granted that one half of all such goods seized would belong to the Company and its successors for their own use, without any obligation to account to the Crown for that portion. This grant was described as being made out of special favour, certain knowledge, and free will. Authority was also given that the Governor, Deputy Governor, and Court of the Company, or the majority of them when properly assembled, should have the direction, rule, and government of all forts, factories, and plantations already established or to be established by order of the Company within Asia, Africa, and America. Power was granted to make, establish, and ordain such statutes, laws, and ordinances as were considered necessary for the good government of these factories in those regions. It was also provided that the Governor, Deputy Governor, and Court of the Company for the time being should exercise this authority. Interpretations “Factories” referred not to manufacturing sites but to trading stations established overseas, where Company agents lived and conducted business, often forming the basis of early colonial settlements. “Moiety” meant a half share, in this case indicating that the Company was entitled to keep fifty percent of the value of confiscated goods. “Certain knowledge and mere motion” was a formal phrase used in royal grants to indicate that the decision had been made deliberately and independently by the monarch, without external pressure. “Court of the Company” referred to the governing body of the Company, made up of senior members who collectively made decisions about its operations. Speculations Perhaps the grant of seizure powers reflected the difficulty of enforcing the Company’s monopoly across vast distances, requiring it to act directly against unauthorised traders at sea? It was probably the case that allowing the Company to retain half of seized goods was intended as an incentive to actively police illegal trade, turning enforcement into a source of profit? Perhaps the authority to govern forts and factories signalled an expansion beyond trade into territorial control, suggesting that the Company was beginning to take on roles usually associated with states? It was probably intended that granting the power to make laws would allow the Company to respond quickly to local conditions overseas, where direct oversight from England was limited? |
206 | 185 | Or the Major part of them Duly assembled shall have full Power License and authority to chuse and appoint Governours and officers from time to time for the said Factories and Plantations which said Governours and officers shall have and by these Presents we do for us our heirs and Successors give to them full power and authority to resist and restrain and punish such Military forces as to them shall seem requisite and necessary to secure and use within the said Plantations forts and places the Law (such) the Marshall Law for the Defence of the said forts Places and Plantations against any forreigne invasion or Domestick insurrection or rebellion or to follow such Orders Directions and Instructions as from time to time shall be given them by the Governour Deputy Governour and Court of the Company or the Major part of them the forreigne rights jurisdictions and Dominions over all the said forts places and plantations to be at any time settled in the parts aforesaid and power of making peace and war when and as shall be requisite to or with our Royall Authority therein to us our heirs and Successors always reserved And forasmuch as Complaints have been made to us of divers the said Governour and Company of Merchants of London trading into the East Indies of many Disorders and inconveniences which have happened and been committed as well by our own Subjects as forreigners to the great disservice of the said Company and their affairs abroad and Many other Disorders may also necessarily be redressed which at present cannot be so sufficiently provided for the more effectuall encouragement of the said Company and the Merchants that shall trade into the parts and places aforesaid and for the better and the more effectuall remedy may be applyed in the case of such or the like disorders and inconveniences as may happen We have thought | It was provided that the Governor, Deputy Governor, and Court of the Company, or the greater part of them when duly assembled, should have full power, licence, and authority to choose and appoint governors and other officers from time to time for the said factories and plantations. These appointed governors and officers were granted full authority, on behalf of the Crown and its successors, to resist, restrain, and punish by military means as they considered necessary for the security of the plantations, forts, and places. Authority was given for the use of martial law within these forts, places, and plantations for their defence against any foreign invasion or domestic insurrection or rebellion. These officers were also required to follow such orders, directions, and instructions as might from time to time be given by the Governor, Deputy Governor, and Court of the Company, or the greater part of them. The Company was granted the exercise of foreign rights, jurisdictions, and authority over all such forts, places, and plantations as might be established in the regions described. Power was also given to make peace and war when necessary, although the royal authority in these matters was always reserved to the Crown and its successors. It was further recorded that complaints had been made to the Crown by the Governor and Company of Merchants of London trading into the East Indies concerning many disorders and inconveniences that had occurred, both by subjects of the Crown and by foreigners, to the great harm of the Company and its affairs overseas. It was observed that many such disorders required correction, and that adequate provision had not yet been made to address them. It was stated that, for the more effective encouragement of the Company and of the merchants trading in those regions, and for the better and more effective remedy of such disorders and inconveniences as might arise, further measures had been considered necessary. Interpretations “Martial law” referred to the use of military authority to maintain order, allowing commanders to enforce discipline and punish offences quickly in situations where normal civil law was not practical. “Foreign rights, jurisdictions, and authority” described the powers exercised by the Company in overseas territories, including governing settlements and administering justice, often in places beyond direct control of the English state. “Factories and plantations” referred to overseas trading settlements and established bases of operation, which could include fortified locations and growing communities of Company personnel. Speculations Perhaps the granting of authority to impose martial law reflected the unstable conditions in overseas settlements, where threats from rival powers and local resistance made ordinary legal processes difficult to maintain? It was probably the case that allowing the Company to appoint its own governors and officers was intended to ensure quicker decision making in distant regions where communication with England was slow? Perhaps the reference to complaints about disorder indicated ongoing conflict between Company officials, private traders, and foreign competitors, which required stronger internal control? It was probably intended that the power to make peace and war, even with royal authority reserved, showed how far the Company’s role had expanded beyond trade into military and political activity overseas? |
207 | 186 | To be held at such place or places forts or forts plan- tations or factories upon the said Coasts as the said Compa shall from time to time direct and appoint which Court shall consist of one person learned in the Civill Laws and two Mer- chants which said persons and such Officers of the said Court as shall be thought necessary to be nominated and appointed from time to time by the Governour Deputy Governour and Court or the Major part of them and which said person learned in the Civill Laws and two merchants and the Major part of them or any of them when the said Court shall sit in the sever- all Laws to be one shall have Commission and Power to hear and determine all Causes of Forfeitures and Seizures of any Ships or Vessels goods and Merchandize trading or coming upon any the said Coasts or limits contrary to the Intent of these Presents and of our said former Letters Patents granted to the said Company and also all causes of Merchants or Mariners buying or selling receiving and delivering of goods whatsoever and all Contracts and acts of Agreements all Bargains sales and promises for Payment of Money or Merchandize trading Contracts all Charter parties or freighting Contracts for freighting of Vessels and wages of Mariners and all other Merchants or Maritime causes whatsoever concerning any offence or disorder committed or being by any offence or forfeiture and all loss or damage debts injuries and wrongs done and committed upon the high Seas or in any of the Regions Territories Countries or Places aforesaid concerning any person whatsoever residing being living or coming in the parts of Asia Africa and America within the bounds and limits aforesaid all which Causes shall be adjudged and determined by the said Court upon due examination and proof according to the Rules of Equity and good Conscience and according to the Laws and Customs of Merchants by such Methods and Rules of Proceedings as we shall from time to time direct and appoint either under our Great Seal or privy seal and for want of such Directions and until such Directions shall be made by such ways and Means as by the Judges of the said Court shall be in their best Judgement Discretion | It was provided that a court should be held at such places, forts, plantations, or factories along the said coasts as the Company might from time to time appoint. This court was to consist of one person learned in the civil law and two merchants. These individuals, together with such officers as were considered necessary, were to be appointed by the Governor, Deputy Governor, and Court of the Company, or the greater part of them. The person learned in the civil law and the two merchants, or the majority of them when assembled, were granted authority to hear and determine all cases relating to forfeitures and seizures of ships, vessels, goods, and merchandise trading to or from those coasts contrary to the intention of the present Charter and earlier Letters Patent granted to the Company. Authority was also given to hear and determine all matters involving merchants and mariners, including the buying, selling, receiving, and delivering of goods, as well as contracts, agreements, bargains, sales, and promises concerning the payment of money or merchandise. This extended to trading contracts, charter parties, freight agreements for vessels, wages of mariners, and all other commercial or maritime matters. Further jurisdiction was granted over all offences, disorders, forfeitures, losses, damages, debts, injuries, and wrongs committed upon the high seas or within any of the regions, territories, countries, or places described, concerning any person residing in, living in, or coming to the parts of Asia, Africa, or America within the specified limits. All such cases were to be examined and judged by the said court upon proper evidence, according to principles of fairness and good conscience, and in accordance with the laws and customs of merchants. Proceedings were to follow such rules and methods as might be directed from time to time under the Great Seal or Privy Seal. In the absence of such directions, judgement was to be guided by the discretion and best judgement of the judges of the court. Interpretations “Person learned in the civil law” referred to someone trained in Roman based legal traditions, often used in maritime and international trade cases, rather than in English common law. “Charter parties” were formal agreements for the hire of a ship, setting out terms such as payment, cargo, and responsibilities during a voyage. “Laws and customs of merchants” referred to a shared body of commercial practices, sometimes called the law merchant, which governed trade across different countries and was recognised beyond any single national legal system. “Privy Seal” was a royal seal used for authorising official documents of lesser rank than those issued under the Great Seal, but still carrying legal authority. Speculations Perhaps the creation of such a court reflected the practical need for quick and specialised legal decisions in distant trading regions where English courts could not easily operate? It was probably the case that including merchants alongside a legal expert ensured that decisions reflected both legal principles and the realities of commercial practice? Perhaps the reliance on the laws and customs of merchants showed that international trade required flexible rules that could be recognised across different cultures and legal systems? It was probably intended that giving judges discretion in the absence of royal instructions allowed the court to function effectively despite the delays in communication between England and overseas settlements? |
208 | 187 | Think meet and just whether it be by a summary way or other ways according to the Exigency of severall Cases that shall be brought in Judgment before them and all Judgments Determinations or Decrees made in the said Court are to be put in writing and signed by those persons that were present at the making of the same and shall Containe a short state of the Matter of fact as it appeared to them and their observation thereof and adjudication thereupon And further we do for us our heirs and Successors give and Grant unto the said Governour and Company of Merchants of London trading into the East Indies that they shall Enjoy to all Intents and purposes all Priviledges in the City of London as fully as any Company of Merchants whatsoever by any Letters Patents heretofore by Us or any of our Progenitors at present do or may enjoy And further we do hereby for us our heirs and Successors Charge and Command all and singular Admiralls Vice Admiralls Generall Commanders Commissioners of our Customs Majors Sheriffs Justices of peace Constables Collectors Officers Searchers and all other Officers and Ministers of us our heirs and Successors whatsoever to be from time to time in all things aiding helping and assisting unto the said Company and their Successors or any imployed by them upon request made as they tender our displeasure and will avoid these Contrary at their perill And we do further will and declare and by these presents we do Grant for us our heirs and Successors unto the said Governour and Company of Merchants of London trading into the East Indies and to their Successors that these our Letters Patents and all and singular Grants Clauses and things therein mentioned and expressed shall be and Continue firme valid good and sufficient in the Law and shall be Construed reputed and taken | It was provided that the court should act in a manner considered appropriate and just, whether by summary procedure or other methods, depending on the nature and urgency of the cases brought before it. All judgments, determinations, and decrees made by the court were to be recorded in writing and signed by those present when they were made. These records were to include a brief account of the facts as they appeared to the judges, along with their observations and the decision reached. The Governor and Company of Merchants of London trading into the East Indies were granted all privileges within the City of London to the same extent as any other company of merchants that had been granted such rights by the Crown or its predecessors. All admirals, vice admirals, general commanders, commissioners of customs, mayors, sheriffs, justices of the peace, constables, collectors, officers, searchers, and all other officials and ministers of the Crown were commanded to assist and support the Company and its successors, as well as those employed by them, whenever required. Such assistance was to be given in all matters, under threat of royal displeasure and penalty for failure to comply. It was further declared that the Letters Patent, together with all grants, clauses, and provisions contained within them, were to remain firm, valid, and legally effective. They were to be interpreted, recognised, and upheld in law as fully binding. Interpretations “Summary way” referred to a quicker legal process without the full formal procedures of a traditional trial, allowing decisions to be made more rapidly when circumstances required it. “Short state of the matter of fact” meant a concise written account of the key facts of a case, rather than a detailed or lengthy record. “Searchers” were customs officials responsible for inspecting ships and goods to enforce trade regulations and prevent smuggling. Speculations Perhaps the allowance for summary judgement reflected the practical need for swift decisions in trading environments where delays could disrupt voyages and commercial agreements? It was probably the case that requiring written records of decisions was intended to impose accountability on Company courts, helping to prevent arbitrary or inconsistent rulings? Perhaps the instruction that all officials assist the Company indicated that enforcement of its privileges depended heavily on cooperation from state authorities within England? It was probably intended that the strong affirmation of the Charter’s validity would discourage legal challenges and reinforce confidence among investors and merchants involved in the Company’s trade? |
209 | 188 | As well in the meaning as to the words of the same most favourably and to the benefitt of the said Governour and Company and their Successors any omission uncertainty or defect in these presents or any other Cause matter or thing to the Contrary in any wise notwithstanding although express mention of the true yearly value or certainty of the premises or any of them or of any other gifts or grants by us or any of our progenitors or predecessors heretofore made to the said Governour and Company of East India Merchants of London trading to the East Indies and parts aforesaid in these presents made any Statute Act ordinance Proclamation or Restriction heretofore had made enacted ordained or provided or any other matter or Cause or thing whatsoever to the Contrary in any wise notwithstanding In witness whereof we have caused these our Letters to be made patents Witness our Selfe at Westminster the 5th day of August in the 35th yeare of our Reigne By writt of Privy Seale Pigott Brofene in Hanaperio, XXI. E. North, Cl. | It was declared that the Charter was to be interpreted both in its meaning and in its wording in the most favourable way for the benefit of the Governor and Company of Merchants of London trading into the East Indies and their successors. Any omission, uncertainty, or defect within the document was not to weaken its force, nor was any other matter or circumstance to be taken as contrary to its validity. It was further stated that the Charter remained effective even if the true yearly value of the lands or rights granted had not been specified, and regardless of any previous gifts or grants made by the Crown or its predecessors to the Company. Any statutes, acts, ordinances, proclamations, or restrictions previously established were not to override or limit the authority of the present Charter. It was recorded that, in confirmation of these provisions, the Letters Patent had been issued under royal authority. The document was witnessed by the King at Westminster on 5 August 1683, in the thirty-fifth year of his reign. It was issued by writ of the Privy Seal and enrolled in the Hanaper, with the names Pigott and E. North, Clerk, recorded in connection with its enrolment. Interpretations “Most favourably and to the benefit” indicated that, in cases of doubt, the Charter was to be interpreted in a way that supported the Company’s interests rather than limiting them. “Notwithstanding” was a legal term used to override any conflicting laws, documents, or circumstances, ensuring that the Charter took precedence over earlier rules. “Privy Seal” referred to a royal authorisation used to approve documents before they were formally issued under the Great Seal. “Hanaper” was the office of the Court of Chancery where official documents such as Letters Patent were enrolled and stored, with clerks responsible for recording them. Speculations Perhaps the insistence that the Charter should be interpreted favourably reflected awareness that ambiguities in earlier grants had led to disputes over the Company’s rights? It was probably the case that the sweeping dismissal of conflicting laws and omissions was intended to strengthen the Company’s position against legal challenges from rivals or dissatisfied merchants? Perhaps the mention of the Privy Seal and enrolment in the Hanaper was included to emphasise the formal legitimacy and administrative completion of the grant? It was probably intended that such strong wording would reassure investors and members of the Company that their privileges were secure and unlikely to be undermined by technical objections? |
210 | 189 | The East India Companies Charter Granted by the Kings Most Excellent Majestie under the Great Seale of England dated the Twelfth Day of Aprill in the 2 yeare of his Majesties Reigne 1686 James the Second by the Grace of God of England Scotland France and Ireland King Defender of the faith &c To all to whom these presents shall come Greeting Whereas Our well beloved Subjects the Governour and Company of Merchants of London Trading into the East Indies have been of long time a Corporation to the Honour and profit of this Nation and have Enjoyed and do Enjoy divers liberties priviledges and Immunities conferred upon them by several Letters patents heretofore granted to them by our Royall Progenitors and predecessors Queen Elizabeth and King James And Whereas the Late King Charles the Second Brother of our the said King our Dear Brother by his Royall Charter or Letters patents bearing date at Westminster the third Day of Aprill in the 13th yeare of his Reigne amongst other things give grant ratifie and confirme unto the said Governour and Company of Merchants of London trading into the East Indies and their Successors that they and their Successors for Ever be and shall be one body Corporate and Politique indeed and in name by the name of the Governour and Company of Merchants of London trading into the East Indies And further that they and all that then were or should be of the said Company and every of them and all the Sons of them and every of them at their severall ages of one and twenty yeares and all their Apprentices factors and servants and all other persons which hereafter shall be imployed by the said Company in the said Trade of Merchandize to the East Indies | It was stated that a Charter of the East India Company had been granted under the Great Seal of England on 12 April 1686, in the second year of the reign of James II, King of England, Scotland, France, and Ireland, Defender of the Faith. All recipients of the document were addressed with greeting. It was declared that the Governor and Company of Merchants of London trading into the East Indies had long existed as a corporation contributing to the honour and profit of the nation, and that they had enjoyed various liberties, privileges, and immunities granted by earlier Letters Patent issued by royal predecessors, including Elizabeth I and James I. It was further recorded that the late Charles II, described as the King’s brother, had by his Charter or Letters Patent dated 3 April 1661, in the thirteenth year of his reign, granted, ratified, and confirmed that the Governor and Company of Merchants of London trading into the East Indies and their successors should remain for ever one body corporate and political in name and in fact, under that title. It was stated that this Charter had also provided that all persons then belonging to the Company, as well as those who would later become members, together with the sons of members upon reaching the age of twenty one years, and all apprentices, factors, servants, and any other persons employed by the Company in the East Indies trade, were to be included within the scope of these provisions. Interpretations “Body corporate and politique” referred to a legally recognised organisation treated as a single entity, capable of owning property, making decisions, and continuing indefinitely despite changes in membership. “In the second year of his reign” indicated the regnal dating system, which counted years from the monarch’s accession rather than using only calendar years. “In the thirteenth year of his reign” similarly referred to the regnal year of Charles II, corresponding to 1661 in modern dating. “Factors” referred to Company agents stationed overseas who conducted trade and managed business operations on behalf of the Company. Speculations Perhaps the reference to earlier monarchs and charters was intended to emphasise continuity, presenting the Company’s privileges as long established and repeatedly confirmed? It was probably the case that including the sons of members at the age of twenty one reflected an attempt to create a self perpetuating commercial body with generational continuity? Perhaps the mention of national honour and profit was designed to frame the Company’s activities as beneficial to the state, strengthening justification for its privileges? It was probably intended that restating earlier grants under a new monarch would reaffirm the Company’s legal position at the beginning of a new reign, reducing uncertainty about its rights? |
211 | 190 | Sea or any other the places therein for that purpose mentioned destined and might from thenceforth for Ever Traffique and use the Trade of Merchandize by Seas in and by such ways and passages to and from and beyond or within the said Seas to be found out and discovered as they should from and after to be used into and from the said East Indies in the Countries and parts of Asia and Africa and into and from the Islands Ports Havens Cities Towns and places of Asia Africa and America or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan where any Trade or Traffique of Merchandize might be used or had and to and from every of them to have and enjoy full Liberty and condition to all intents and purposes as should be from time to time at any publique Assembly or Court holden by or for the said Governour and Company for between them of the said Governour and Company of Merchants of London trading into the East Indies or the more part of them for the time being present at such Assembly or Court the Governour or Deputy being always present at such Court or Assembly limited and agreed and no other ways any Molestation Impeachment Disturbance or trouble by reason of the Religion or faith or any other Cause or Matter whatsoever to the Contrary thereof notwithstanding alwayes the said Trade to be understood and extended to any Countries Lands Isles Havens Cities Territories or places or the inhabitants and abettors of any such Christian Princes or States as shall at any time hereafter stand in League or amity with the said late King to his and Successors and who then do not or will not in the same any such Trade but find means to cause and prohibit the same to be used against him and their people and and Kings And further the said late King did then by for himself his heirs and Successors grant unto the said Governour and Company of Merchants of London trading into the East Indies and to their Successors that they and their Successors and their Factors Servants and Agents | The Company and those employed by it were granted the right to trade by sea and along all routes and passages, whether already known or later discovered, to and from the East Indies. This trade was to extend across the countries and regions of Asia and Africa, and to and from the islands, ports, havens, cities, towns, and places of Asia, Africa, and America, or any of them, lying beyond the Cape of Bona Esperanza to the Straits of Magellan, wherever trade or commerce might be carried on. Full liberty to conduct this trade was granted, subject to such conditions as might be determined from time to time at public assemblies or courts of the Governor and Company of Merchants of London trading into the East Indies. These conditions were to be agreed upon by the majority of those present, provided that the Governor or Deputy Governor was also present at such meetings. It was further declared that the Company and those acting under its authority were not to suffer molestation, obstruction, disturbance, or trouble on account of their religion or faith, or for any other reason contrary to the intent of the Charter. The trade granted by the Charter was not to extend to any countries, lands, islands, havens, cities, territories, or places belonging to, or under the protection of, any Christian princes or states that were in alliance or friendship with the Crown, where such princes or states did not permit or actively prohibited such trade to be carried out against them or their people. It was further recorded that the late Charles II had granted, on behalf of himself and his successors, that the Governor and Company of Merchants of London trading into the East Indies, together with their successors, factors, servants, and agents, were to enjoy these rights. Interpretations “Cape of Bona Esperanza” referred to the Cape of Good Hope, the southern tip of Africa, which marked a key navigational point on sea routes to Asia. “Streights of Magellan” referred to the passage at the southern end of South America, used here as a boundary marker in defining the extent of permitted trade. “Public assembly or court” referred to formal governing meetings of the Company where decisions were made collectively, especially concerning rules and conditions of trade. “Molestation or disturbance” referred to interference or obstruction, whether by officials, rival traders, or others attempting to hinder Company activity. Speculations Perhaps the extremely broad geographical limits described in the Charter reflected an intention to establish a near global trading reach rather than a narrowly defined regional one? It was probably the case that allowing internal assemblies to set conditions of trade gave the Company flexibility to respond quickly to changing commercial or political circumstances overseas? Perhaps the protection against interference, including on religious grounds, reflected practical concerns about operating in diverse regions where conflict over belief or authority could disrupt trade? It was probably intended that the restriction relating to allied Christian states would prevent diplomatic friction, ensuring that Company activity did not undermine existing political alliances? |
212 | 191 | and Traffique and the whole entire and only Liberty use priviledge of Trading and Traffiquing and using the Seas and Trade of Merchandize to and from the said East Indies and to and from all the Islands Ports Havens Cities Towns and places therein for the purpose mentioned in such man- ner and forme as is therein mentioned And the said late King did thereby for himself his heirs and Successors give and grant to the said Governour and Company and their Successors that the said East Indies or the Islands Havens Ports Cities Towns or places thereof or any part thereof should not be visited frequented or haunted by any the Subjects of him his heirs and Successors during the time that the said Letters Patents should be in force and not revoked or repealed Contrary to the true meaning of the said Letters Patents And the said late King by vertue of his Prerogative Royall which he would not in that behalfe have argued or brought in question did also by his said Letters Patents strictly Charge Command and prohibit for himself his heirs and Successors all his Subjects of him his heirs and Successors of what degree or quality soever they were that none of them directly or indirectly visit haunt frequent or Trade Traffique or ad- venture by way of Merchandize into or from the said East Indies or parts thereof in the manner mentioned other then the said Governour and Company and such particular persons as then were or hereafter should be of that Company thereunto Agents Factors and Servants during the time that the said Letters Patents should be in force and with the Licence and agreement of the said Governour and Company in writing first had and obtained under their Common Seale to be granted upon the pain and forfeiture in the said Letters Patents at large expressed as in and by the said Letters [...] [...] thereunto King and amongst divers other grants [...] therein contained relating to the said Company [...] Deputy Governours Factors Committees and [...] servants and apprentices [...] [...] the second by his Royall Charter or Letters Patents [...] bearing date at Westminster the [...] day of March in the [...] yeare of his Reigne amongst other things relating [...] | The Company was granted the full, entire, and exclusive liberty, use, and privilege of trading and conducting commerce by sea to and from the East Indies. This included trade with all islands, ports, havens, cities, towns, and places within those regions, carried out in the manner set out in the Charter. The late Charles II had granted, on behalf of himself and his successors, that none of the East Indies, nor any islands, havens, ports, cities, towns, or places within them, were to be visited, frequented, or used by any of his subjects while the Letters Patent remained in force, unless in accordance with their terms. It was further declared that, by virtue of the royal prerogative, which was not to be questioned, all subjects of whatever rank were strictly commanded and prohibited from directly or indirectly visiting, trading, or undertaking voyages of merchandise to or from the East Indies or any part of them, except for the Governor and Company of Merchants of London trading into the East Indies and those belonging to the Company. Such persons were to act only as agents, factors, or servants of the Company, and only with written licence first obtained under the Company’s common seal. Any breach of these rules was to result in the penalties and forfeitures set out in the Letters Patent, although parts of these provisions are now unreadable and have been represented as [...]. Further references were made to additional grants and provisions relating to the Company, its governors, deputy governors, factors, committees, servants, and apprentices, although parts of this section are fragmentary and have been represented as [...]. It was also noted that a later Charter issued by James II, dated at Westminster in March in a year of his reign not fully legible, contained further provisions concerning the Company. Interpretations “Whole entire and only liberty” emphasised that the Company’s right to trade was exclusive, excluding all other English merchants unless formally authorised. “Common seal” referred to the official stamp of the Company, used to give formal approval to documents such as licences to trade. “Prerogative royal” described the monarch’s authority to grant privileges such as trade monopolies without needing approval from Parliament. “Committees” referred to members of the Company entrusted with specific administrative or managerial responsibilities within its governing structure. Speculations Perhaps the repeated restatement of the Company’s exclusive rights suggests that earlier prohibitions had not been fully effective in preventing unauthorised trade? It was probably the case that the insistence on written licences under seal was intended to maintain strict central control over who could participate in the trade, limiting informal or unofficial involvement? Perhaps the fragmented references to additional grants indicate that the Charter was drawing together several earlier provisions into a single reaffirmed framework? It was probably intended that linking the authority of both Charles II and James II would strengthen the legitimacy of the Company’s monopoly across successive reigns? |
213 | 192 | Did Grant Transfer and confirme for himself his heires and Successors unto the said Govr and Company all the Islands and Lands of Bombay in the East Indies with all the Rights profits Territories and appurtenances thereof whatso- ever and all and singular Castles Forts Towns Cities Ports havens buildings and fortifications whatsoever franchises preheminences and Hereditaments whatsoever within the premisses or to them or any of them belonging or in any wise appertaining in as large and ample manner to all intents constructions and purposes as the King then had and enjoyed the same or might ought to have had and enjoyed the same by vertue and force of the grant of the then King of Portugall and not further or otherwise And then the said Govr and Company their Successors and Assignes the said late King Charles for himself his heires and Successors did make declare constitute the same and appointe order and appoint the said Island and others therein mentioned and every part and parcell thereof with all and singular the premisses to him the said late King appertaining by force of the Grant from the said King of Portugall and not further or otherwise for him and his Successors alwayes to himself his heires and Successors and allegeance and obedience to him due and belonging and his Royall Crown and Sovereignty of and in the said premisses and Inhabitants thereof to have hold possesse and enjoy the said Island and premisses and all and singular other the premisses therein before granted or mentioned to be granted to the said Govr and Company their Successors and Assignes for ever To the only use of the said Govr and Company their Successors and Assignes for evermore To be holden of him the said late King his heires and Successors as of his manner in East Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service Yeilding and paying therefore yearly to him the said late King his heires and Successors at the feast of the Annunciation of the Blessed Virgin Mary the yearly summe of [...] | The Governor and Company of Merchants of London trading into the East Indies were granted, transferred, and confirmed by Charles II, on behalf of himself and his heirs and successors, all the islands and lands of Bombay in the East Indies. This grant included all rights, profits, territories, and appurtenances belonging to those lands, as well as all castles, forts, towns, cities, ports, havens, buildings, fortifications, franchises, pre-eminences, and hereditaments associated with them. These possessions were granted in as full and complete a manner as they had been held and enjoyed by the King, or as he ought to have held them by virtue of the earlier grant made by the King of Portugal, and not beyond that extent. They were given the right to hold and possess the island and all associated properties, with the lands remaining under the allegiance and obedience due to the Crown. Royal sovereignty over the island and its inhabitants was retained. The Company and its successors were granted the right to hold and enjoy the island of Bombay and all associated premises for ever, for their sole use. This tenure was to be held of the Crown as of the manor of East Greenwich in the County of Kent, under the terms of free and common socage, and not by knight service or in chief. A yearly payment was to be made to the Crown at the feast of the Annunciation of the Blessed Virgin Mary, although the exact sum is not legible and is represented as [...]. Interpretations “Appurtenances” referred to rights or property belonging to the main land, such as access, resources, or associated structures. “Pre-eminences” referred to special rights, privileges, or advantages attached to the possession of the land. “Free and common socage” was a form of land tenure involving fixed obligations, usually a monetary rent, rather than military service. “In capite” referred to holding land directly from the monarch in return for obligations such as military service, which was specifically excluded here. “Manor of East Greenwich” was used as a legal reference point to bring overseas land under English property law, even though the land itself was far from England. Speculations Perhaps the transfer of Bombay from the Portuguese Crown to English control reflected broader competition between European powers for influence in the Indian Ocean? It was probably the case that granting the land under free and common socage showed an intention to treat it as a revenue producing possession rather than one tied to military obligation? Perhaps the arrangement, in which sovereignty was retained by the Crown while control was exercised by the Company, illustrates an early model of indirect imperial rule? It was probably intended that the annual payment, even if symbolic, reinforced the Company’s dependence on royal authority while allowing it considerable freedom in governing the territory? |
214 | 193 | of September then next ensuing And the said late King did for himself his heires and Successors also grant license and might be lawfull to and for the said Govr and Compᵃ their Successors and Assignes and to and for their agents and servants and every of them to have hold use and enjoy and exercise all and singular the Jurisdictions powers liberties priviledges benefitts and advantages whatsoever in the said Island of Bombay and in all and every of their voyages thither and from thence and in all their Trade Traffique and Merchandize there thither or from thence to and from any place or places whatsoever as they the said Govr and Compᵃ their Successors and Assignes or their agents factors and servants or any of them might or could have use exercise enjoy and execute by force or vertue of his said former Charter or Letters Patents bearing date at Westminster the said third day of April in the 13th yeare of his Reigne in any the East Indies or touching or concerning any other the plantations forts Cities Colonies factories Islands Territories and settlements or touching or concerning any their Trade Traffique or Merchandize goods or Commodities or any other matter or thing of or belonging to the said Govr and Compᵃ And also authorised and enabled to be exercised within the said Island or said Letters bearing date the 27th day of March aforesaid in as large and ample manner to all intents constructions and purposes as if the same Jurisdictions powers libertyes priviledges or immunities benefitts and advantages were in the said Letters mentioned and expressed And further Charters and Letters Patents relation being had thereunto or to any other their Grants priviledges powers Authorities libertyes immunities and preheminences and clauses therein contained And Whereas the said late King may more fully appeare And did by his Royall Charter or Letters Patents bearing date at Westminster the 5th day of October in the 8th yeare of his Reigne for himself his heires and Successors give and grant to the said Govr and Compᵃ [...] | It was stated that, from the September next following, Charles II had granted for himself and his heirs and successors that it should be lawful for the Governor and Company of Merchants of London trading into the East Indies, together with their successors, assigns, agents, and servants, to hold, use, exercise, and enjoy all jurisdictions, powers, liberties, privileges, benefits, and advantages within the island of Bombay. These rights were to apply not only within the island itself but also in all voyages to and from it, and in all trade and commerce carried on there or connected with it. The same rights were to be exercised in as full a manner as had already been granted under the earlier Charter or Letters Patent dated 3 April 1661, in the thirteenth year of the King’s reign. The authority extended to all matters relating to plantations, forts, cities, colonies, factories, islands, territories, and settlements, as well as to all trade, commerce, goods, and commodities belonging to or associated with the Company. It was provided that these powers were to be exercised within the island of Bombay as fully as if they had been explicitly set out again in the present grant. Reference was made to earlier Charters and Letters Patent, including one dated 27 March, confirming that all previous grants, privileges, powers, authorities, liberties, immunities, and pre-eminences were to be understood as applying to Bombay. These earlier documents were to be taken together with the present grant to define the full extent of the Company’s rights. It was further recorded that the late King had also granted, by another Charter or Letters Patent dated 5 October in the eighth year of his reign, additional provisions relating to the Company, although part of this section is not legible and has been represented as [...]. Interpretations “Assignes” referred to persons or bodies to whom rights or property had been transferred by the Company, allowing them to act in its place in certain matters. “Preheminences” referred to special advantages or superior rights granted above those of others, often giving priority or authority in trade or governance. “Factories” referred to overseas trading posts where Company agents lived and conducted business, rather than places of manufacture. “Jurisdictions powers liberties” described the combined authority to govern, make decisions, and exercise control within a territory and over its activities. Speculations Perhaps the extension of earlier trading and governing rights to Bombay was intended to ensure continuity, so that the Company could operate there without needing an entirely new legal framework? It was probably the case that combining multiple earlier Charters into a single authority reduced uncertainty about what powers applied in newly acquired territories? Perhaps the broad wording, covering trade, governance, and settlements, reflects how the Company’s role had expanded beyond commerce into territorial administration? It was probably intended that referencing multiple Charters would strengthen the legal basis of the Company’s authority, making it harder for rivals or officials to challenge its control over Bombay? |
215 | 194 | To the one fifth Dividend Shares or the said late Kings of or either of them Notwithstanding any former misrecital nonuser or abuse whatsoever of the said rights libertyes and franchises or any of them by the said Govr and Company or their agents factors or Servants or any of them To have hold exercise and enjoy the said Rights Liberties and franchises and every of them unto the said Govr and Company and their Successors for ever To the only use and behoofe of the said Govr and Company and their Successors for evermore in as large and ample manner and forme to all intents constructions and purposes as by vertue of the two first Recited Charters or either of them they might have had or ought to have had and enjoyed the premisses without any trouble or molestation by reason of any former misuser or nonuser or abuse had thereupon by or in and by the said Charters or Letters Patents bearing date the said 5th day of October aforesaid ([...] being thereunto had amongst divers other Grants Liberties Immunities priviledges and Preheminences may more fully appeare And whereas the said late King Charles the Second by his Royall Charter or Letters Patents bearing date at Westminster the 18th day of December in the 28th yeare of his Reigne for himself his heires and Successors did give grant and confirme unto the said Govr and Company their Successors and Assignes all that the Island of Bombay with all the rights profits Territories and appurtenances whatsoever and all the soyle grounds soyles woods mountains farms lakes brookes havens rivers bayes Isles creeks trees timber and being within the bounds or limits thereof with the fishing of all sorts of fish whales sturgeons and all other Royall fishes in the Seas Streames and Rivers within the same premisses and the soyle therein reserved and all the mines Mineralls and Quarries whatsoever Royall Mines or other mines whether the same where then dis- covered or not discovered and all Gold Silver Tinn and pretious stones and all other whatsoever sort of Mettals or any thing whatsoever that should or might be found within the same mines or Quarries of the same Island and Territories and all and singular Royalties | It was declared that the rights, liberties, and franchises previously granted were to be held and enjoyed by the Company and its successors without being affected by any earlier errors, neglect, or misuse. Any past failure to exercise those rights, or any abuse of them by the Company or its agents, factors, or servants, was not to weaken or cancel the validity of the grants. The Company and its successors were confirmed in the possession and use of these rights for ever, for their sole benefit, in as full and complete a manner as had been provided under the earlier Charters. These rights were to be exercised without disturbance or interference, regardless of any earlier misapplication or nonuse. Reference was made to earlier Letters Patent dated 5 October, although parts of this section are not fully legible and have been represented as [...], indicating that further privileges, immunities, and advantages had been granted in those documents. It was further recorded that Charles II, by a Charter dated 18 December in the twenty-eighth year of his reign, had granted and confirmed to the Company, its successors, and assigns the island of Bombay in full. This included all rights, profits, territories, and associated property. The grant extended to the soil and lands of the island, including woods, mountains, farms, lakes, brooks, havens, rivers, bays, islands, creeks, trees, and timber within its limits. It also included rights to fishing of all kinds, including whales, sturgeons, and other fish in the surrounding seas, streams, and rivers. Further rights were granted over all mines, minerals, and quarries within the island and its territories, whether already discovered or not. This included gold, silver, tin, precious stones, and all other metals or substances that might be found there, together with all associated royal rights. Interpretations “Nonuser or abuse” referred to situations where granted rights had either not been exercised or had been misused, which might otherwise have risked weakening legal claims. “Franchises” referred to special rights or privileges granted by the Crown, often including control over trade, taxation, or local governance. “Royall fishes” referred to certain valuable species, such as whales and sturgeons, which were traditionally reserved to the Crown under English law. “Soile and grounds” referred to the land itself, including its natural features and resources. “Royalties” referred to rights associated with sovereignty, such as control over natural resources, especially mines and valuable commodities. Speculations Perhaps the explicit protection against claims of nonuse or misuse was included because earlier charters had been challenged on such grounds, making it necessary to secure the Company’s position more firmly? It was probably the case that the detailed listing of natural resources reflected the economic importance of Bombay, not only as a trading port but also as a source of valuable materials? Perhaps the inclusion of rights over fisheries and minerals shows an intention to grant the Company a comprehensive form of control, extending beyond trade into resource extraction? It was probably intended that reaffirming these grants under multiple charters would prevent disputes over ownership and ensure continuity of authority across successive reigns? |
216 | 195 | Revenues Rents Customes Castles Forts and buildings and fortifications thereon erected or to be erected on the premisses or any part thereof and all advantages profits emoluments perquisitts and Hereditaments whatsoever within the same or to them or any of them belonging or in any wise appertaining in as large and ample manner to all intents constructions as the said late King Charles the Second then had and enjoyed or might or could have had and enjoy the same by vertue or force of the same late Kings Conquest thereof or otherwise howsoever and them the said Govr and Compᵃ their Successors and Assignes to the said late King Charles the Second for himself his heires and Successors did thereby make create and con- stitute the same and appoint order and confirme the same Island and premisses and every part and parcell thereof saving and always reserving to the said late King his heires and Successors the faith and allegiance of them due and belonging and the Royall power and Soveraignty of and over the Subjects and Inhabitants there to have hold possesse and enjoy the same Island and all and singular other the premisses therein before granted or mentioned to be granted unto the said Govr and Compᵃ their Successors and Assignes for ever To the only use of the said Governour and Compᵃ their Successors and Assignes for evermore To be holden of the said late King his heires and Successors as of the Mannor of East Greenwich within the County of Kent in free and common Soccage and not in Capite nor by Knights Service as in and by the said Letters Patents relation being thereunto had amongst divers other Grants Liberties priviledges preheminences and Clauses therein expressed more fully appeare And whereas the said late may more fully appeare And whereas the said late King Charles the Second by his Royall Charter or Letters bearing date at Westminster the 9th day of August in the 35th yeare of his Reigne did erect and establish a Court of Judicature to be held at such place or places forts plantations or factories or any of them in the East Indies mentioned [...] | All revenues, rents, customs, castles, forts, buildings, and fortifications on the island of Bombay, whether already erected or to be erected, were included in the grant, together with all advantages, profits, emoluments, perquisites, and hereditaments belonging to it or connected with it in any way. These were granted in as full and complete a manner as Charles II had possessed or might have possessed them, whether by conquest or by any other right. The island and all its parts were thereby assigned and confirmed to the Governor and Company of Merchants of London trading into the East Indies, their successors and assigns. At the same time, the Crown retained the allegiance owed by the inhabitants and preserved its royal authority and sovereignty over the island and its people. The Company and its successors were granted the right to hold and possess the island and all associated property for ever, for their sole use. This tenure was to be held of the Crown as of the manor of East Greenwich in the County of Kent, under free and common socage, and not by knight service or in chief. Reference was made to the Letters Patent containing these provisions, which included further grants, liberties, privileges, pre-eminences, and clauses not fully set out here. It was also recorded that, by a Charter dated 9 August in the thirty-fifth year of his reign, the same King had established a court of judicature to be held at such places, forts, plantations, or factories in the East Indies as might be appointed, although the remainder of this section is not fully legible and has been represented as [...]. Interpretations “Perquisites” referred to additional benefits or profits attached to an office or possession, often beyond regular income. “Emoluments” referred to income or profit arising from employment, office, or property, especially from official rights or privileges. “Free and common socage” was a form of landholding based on fixed obligations, usually payment, rather than military service. “Conquest thereof or otherwise” indicated that the King’s claim to the territory might rest on different legal grounds, including conquest or earlier grants. Speculations Perhaps the detailed listing of revenues and profits was intended to make clear that Bombay was not only a strategic location but also a significant source of income? It was probably the case that emphasising the King’s right by conquest strengthened the legal claim to the territory against potential challenges from other European powers? Perhaps the retention of sovereignty alongside the grant of possession reflects a balance between royal authority and Company control typical of early imperial arrangements? It was probably intended that the reference to a court of judicature indicates the need to establish formal legal structures as the Company’s settlements grew in size and complexity? |
217 | 196 | As the said Compᵃ shall from time to time direct or appoint a Court shall consist of one person learned in the Civill Laws and two Merchants or persons and such officers of the said Court as shall be thought necessary to be nominated and appointed from time to time by the Govr and Deputy Govr and Court or the Major part of them and which said person learned in the Civill Laws and two Merchants or the Major part of them whereof the said person learned in the Civill Laws to be one should have Commission and Power to hear and determine all causes of difference and suites of any ship or ship goods and Merchandize Trading and coming upon any the said Coasts or limits Contrary to the intent of the same Letters Patents and of the first Recited late Letters of the said late King Charles the Second therein mentioned and also all causes Mercantile Commissions Bargaines Buying Selling Bartering of wares whatsoever and all Seizures and acts of Customs and all Debts sums and promises for payment of money or Merchandize or Trading Contracts for freighting of Ships Trading Contracts for freighting of Ships and wages of Mariners and all other Maritime matters whatsoever concerning Merchants or others Trading Coming or being in the East Indies or in the parts aforesaid or all Debts Trespasses Trespases Injuries and wrongs done or committed upon the high Seas or in any of the Regions Jurisdictions Countries or places thereunto belonging for the purpose mentioned concerning any person or persons being or coming thereunto whatsoever Africa and America within the limits aforesaid and within their Jurisdiction all which causes shall be heard and determined by the said Court upon due Examination and proofs according to the Rules of Equity and good Conscience and according the Laws and Customs of Merchants by such Methods and wayes of proceedings as the said late King shall from time to time direct and appoint under his Great Seale or Privy Seale or for want of such [...] | It was provided that a court should be established at such places as might from time to time be directed or appointed. This court was to consist of one person trained in civil law and two merchants, together with such officers as were considered necessary. These individuals were to be appointed by the Governor, Deputy Governor, and Court of the Company, or by the greater part of them. The person trained in civil law, together with the two merchants or the majority of them, was granted authority to hear and determine all disputes and legal actions relating to ships, goods, and merchandise trading to or from the specified coasts or regions in violation of the Letters Patent and earlier Charters granted by Charles II. Jurisdiction was also extended to a wide range of commercial matters, including buying, selling, bartering, and other dealings in goods, as well as seizures, customs matters, debts, financial obligations, and agreements for payment in money or merchandise. This included contracts for the hiring of ships, agreements for freight, wages of mariners, and all other maritime concerns. The court was further empowered to hear cases involving debts, trespasses, injuries, and wrongs committed either at sea or within the regions and territories described, including Asia, Africa, and America, concerning any persons present or trading within those limits. All such cases were to be examined and decided by the court based on proper evidence, guided by principles of fairness and good conscience, and according to the recognised customs of merchants. Proceedings were to follow such methods as might be directed from time to time under the Great Seal or Privy Seal. In the absence of such direction, the remaining provisions are not fully legible and have been represented as [...]. Interpretations “Civil law” referred to a legal system derived from Roman law, often used in maritime and international trade cases rather than English common law. “Customs” referred to duties and regulations governing the import and export of goods, enforced by officials to control trade and collect revenue. “Freighting of ships” referred to agreements for the hire of vessels to carry goods, forming a key part of long distance trade arrangements. “Equity and good conscience” referred to principles of fairness applied where strict legal rules might not provide a just outcome, especially in commercial disputes. Speculations Perhaps the inclusion of both a legal expert and merchants in the court reflects an attempt to balance formal legal knowledge with practical experience of trade? It was probably the case that such a wide jurisdiction was necessary because disputes arising from overseas commerce could not easily be referred back to courts in England? Perhaps the reliance on the customs of merchants shows the importance of shared commercial practices that operated across different regions and legal systems? It was probably intended that allowing flexible procedures, especially when royal instructions were absent, would enable the court to function effectively despite delays in communication with England? |
218 | 197 | Directions and untill such Directions should be made by such ways and means or by the Judges of the said Court should signifie the Judgments and Determinations thereupon and make and passe warrants to be by summary way or otherwise according to the Exigency of severall cases that should be brought in Judgment before them and all Judgmts Determinations and Decrees made in the said Court were to be put in writing and signified to the persons that were present at the making of the same and should contain a short state of the matter as it appeared to them and their Sentence and Judgment thereupon as in and by the said Letters Patents bearing date at Westminster the 9th day of August aforesaid relation being thereunto had amongst divers other Grants Powers Liberties priviledges and Clauses therein contained more fully at large appeareth And whereas we are given to understand that severall persons Contrary to and in Contempt of the right Priviledges Liberties and the Royall pleasure of our said Deare Brother Charles the Second have of late years presumed without the Licence of the said Governour and Company to send out divers ships and Trade Traffique and adventure by way of Merchandize into and from the said East Indies and the Coasts and places within the limits and Seas within the said Companys limits not only to the very great damage of the said Governour and Company and the Trade and Interruption of the said Trade and Traffique and the great prejudice and hindrance of their affairs and Trade and to and from the East Indies but also to the manifest prejudice of the Trade of this Realm and the utter disfavour of all that Trade Whereupon we having taken the same into our serious Consideration and well knowing the said Governour and Company of Merchants of London trading into the East Indies have thereby been enabled and to grant and confirm to them and their Successors all the said Letters Patents with some additions tending to the support and advancement of the said Trade and Traffique Now know yee that we [...] | In the absence of specific directions, the judges of the court were to proceed according to their own judgement, issuing decisions and orders either in a summary manner or by other suitable means, depending on the nature of each case. All judgments, determinations, and decrees were to be set down in writing and communicated to those present at the time they were made. These records were to include a brief account of the facts as understood by the judges, together with their decision and reasoning. Reference was made to the Letters Patent dated 9 August, where these provisions, along with other grants, powers, liberties, privileges, and clauses, were set out in greater detail. It was then recorded that it had been brought to notice that several persons, acting contrary to and in contempt of the rights, privileges, and royal intention established by Charles II, had in recent years sent out ships and engaged in trade to and from the East Indies without licence from the Company. These activities had taken place within the regions and seas assigned to the Company. Such actions were described as causing significant damage to the Company, interrupting its trade, and harming its operations in the East Indies. They were also said to have caused wider harm to the trade of the realm as a whole, bringing disadvantage and disorder to that commerce. These matters were taken into serious consideration. It was recognised that the Company had been established and empowered by earlier Letters Patent, and that it was necessary to grant and confirm those rights again, with additional provisions intended to support and advance the trade. It was then declared that further measures would follow, although the remainder of this section is not fully legible and has been represented as [...]. Interpretations “Summary way” referred to a simplified legal process allowing decisions to be made quickly without the full formal procedures of a traditional court. “Short state of the matter” meant a concise written summary of the key facts of a case, rather than a detailed record. “Exigency of several cases” referred to the varying urgency and nature of different disputes, requiring flexible handling by the court. “Letters Patent” referred to formal royal documents granting rights and authority, in this case forming the legal basis of the Company’s powers. Speculations Perhaps the emphasis on written judgments was intended to ensure consistency and accountability in distant courts where oversight from England was limited? It was probably the case that the repeated complaints about unauthorised traders reflected a persistent challenge to the Company’s monopoly, suggesting enforcement remained difficult? Perhaps the claim that such trade harmed the entire realm was intended to justify stronger intervention by presenting the Company’s interests as aligned with national prosperity? It was probably intended that reaffirming and expanding earlier grants would strengthen the Company’s position at a time of increasing competition and pressure from independent merchants? |
219 | 198 | its imports the Honour and welfare of this Realme and of our good Subjects thereof that all disorders and all inconveniences befalling the said Compᵃ should be redressed and to Endeavour the utmost Improvement of that Trade and being fully satisfied that the same Maintained and managed by one Nationall advantage by one Joint Stock and that a Joint and Generall will be to the Ruine of the whole and being also satisfied that the said Trade hath been managed by the said Governᵒʳ and Compᵃ to the Honour and benefitt of this Nation And being desirous that the said Governᵒʳ and Compᵃ may be encouraged in their Difficult and Hazardous Trade and Adventures in those remote parts of the World and may have all reasonable assistance from us to promote the same have of our Especiall Grace Certain Knowledge and Meer Motion Ratified and Confirmed and by these Presents for us our heires and Successors do ratifie and confirme unto our Trusty and well beloved Subjects the Governᵒʳ and Compᵃ of Merchants of London Trading into the East Indies and their Successors for ever all the said Charters and Letters Patents and all and singular the Rights Grants Liberties Customes Franchises Preheminences and Authorities comprised in the said recited Letters Patents or any of them comprised or fully to all intents and purposes as every distinct Article Grant Power Liberty priviledge Preheminence and Authority comprised in the same Letters Patents were herein recited and thereby con- firmed separately and apart by it selfe Notwithstanding any Non-user Misuser or abuse of the premisses hereby Confirmed or any of them But nevertheless Subject to such Conditions Limitations and provisoes as are contained in the said former recited Letters Patents respectively and Nevertheless And further [...] | It was stated that the honour and welfare of the realm and its subjects required that all disorders and inconveniences affecting the Company should be corrected, and that every effort should be made to improve the trade. It was considered that the trade could only be properly maintained and managed to the nation’s advantage if it were conducted through a single joint stock, and that a divided or general participation without such structure would lead to its ruin. It was also acknowledged that the trade had been carried on by the Governor and Company of Merchants of London trading into the East Indies in a manner that brought honour and benefit to the nation. For this reason, and in recognition of the difficulty and risk of their activities in distant parts of the world, it was intended that they should be encouraged and supported. Out of special favour, certain knowledge, and free will, all previous Charters and Letters Patent granted to the Company were ratified and confirmed for them and their successors for ever. This confirmation included all rights, grants, liberties, customs, franchises, pre-eminences, and authorities contained within those earlier documents. Each individual grant, power, liberty, privilege, pre-eminence, and authority was to be regarded as fully confirmed as if it had been separately restated. This confirmation was to stand despite any previous failure to use those rights, or any misuse or abuse of them. The confirmation remained subject to the conditions, limitations, and provisions contained in the earlier Charters and Letters Patent. Further provisions were indicated, although the remainder of the text is not fully legible and has been represented as [...]. Interpretations “Joint stock” referred to a shared pool of investment capital contributed by multiple participants, allowing large and costly overseas trade to be organised and sustained. “Non-user, misuser, or abuse” referred to situations where granted rights had not been exercised, had been improperly used, or had been used in ways that might otherwise have weakened legal claims. “Franchises” referred to special rights or privileges granted by the Crown, often including exclusive trading rights or powers of governance. “Pre-eminences” referred to superior rights or advantages held over others, particularly in matters of trade or authority. Speculations Perhaps the insistence on a single joint stock reflected experience that competing groups of merchants weakened England’s position in overseas trade by dividing resources and effort? It was probably the case that the strong praise of the Company’s past conduct was intended to justify renewing and strengthening its privileges in the face of criticism? Perhaps the emphasis on difficulty and hazard was meant to highlight the risks undertaken by the Company, reinforcing the argument that such ventures required royal support and protection? It was probably intended that confirming all earlier rights despite misuse would prevent legal challenges based on technical failures, securing the Company’s position for the future? |
220 | 199 | We for our Selves our heires and Successors do hereby Give Grant Constitute Erect and Establish unto the said Govr and Compᵃ of Merchants of London Trading into the East Indies and to their Successors for ever all such So many and the like Powers Authorities Priviledges Jurisdictions Franchises Courts and Authorities together with such Covenants and Clauses to such Provisoes and in such manner and forme to all intents and purposes as the said Governᵒʳ and Compᵃ of Merchants of London Trading into the East Indies ever had and enjoyed or might or ought to have had or enjoyed by force or vertue of all or any of the before recited Letters Patents To have and to hold all and singular the premisses unto the said Govr and Compᵃ of Merchants of London Trading into the East Indies and their Successors for evermore And further we do for us our heires and Successors grant unto the said Govr and Compᵃ of Merchants of London Trading into the East Indies and their Successors That it shall and may be law- full at all times hereafter to and for the said Govr and Compᵃ and their Successors and their respective Presidents Agents and Factors and Councill in the said East Indies and the Islands aforesaid or any three of them whereof such President Officer or Chief to be one to administer to all and every person or persons which at any time hereafter shall be imployed by the said Govr and Compᵃ or their Successors within the limits of any of the said Charters aforesaid such formall and lawfull Oath as is usually administred to or taken by every Freeman of the said Compᵃ and all other lawfull and necessary Oaths or Tests from time to time by the said Govr and Compᵃ or the Major part of them shall at any time [...] | It was granted, on behalf of the Crown and its successors, that the Governor and Company of Merchants of London trading into the East Indies and their successors were to possess for ever all such powers, authorities, privileges, jurisdictions, franchises, courts, and related provisions as they had previously held or ought to have held under earlier Letters Patent. All these rights were to be held and enjoyed in full by the Company and its successors without limitation, in the same manner and to the same extent as under the earlier Charters. Further authority was given that it should be lawful for the Company and its successors, and for their presidents, agents, factors, and councils in the East Indies and the islands mentioned, or for any three of them including the chief officer, to administer formal and lawful oaths to all persons employed by the Company within the limits of the Charters. These oaths were to be the same as those taken by freemen of the Company, along with any other lawful and necessary oaths or tests that might from time to time be required by the Company or by the majority of its governing body. The remainder of this provision is not fully legible and has been represented as [...]. Interpretations “Franchises” referred to special rights or privileges granted by the Crown, often including authority over trade or local governance. “Jurisdictions” referred to the authority to exercise legal and administrative control within a particular area or over certain matters. “Presidents” referred to senior Company officials in overseas settlements who acted as chief administrators in a particular region. “Freemen of the Company” were full members who held trading rights within the Company and were bound by its rules and obligations. Speculations Perhaps the reaffirmation of all earlier powers in a single grant was intended to remove uncertainty and prevent disputes about the extent of the Company’s authority? It was probably the case that allowing Company officials overseas to administer oaths reflected the need for discipline and loyalty in distant settlements where direct oversight from England was limited? Perhaps the requirement for oaths and tests suggests concern about misconduct or divided loyalties among those employed in overseas trade? It was probably intended that consolidating judicial, administrative, and organisational powers would strengthen the Company’s ability to operate as a self governing body in distant territories? |
221 | 200 | [...] to be and be reasonable devised Directed or appointed And further we do for us our heires and Successors by these presents Erect and Establish one Court of Judicature to be held at such places or places forts or fort Plantations or factories upon the Coasts before Recited within the limits of any of the East India Islands as the said Compᵃ shall from time to time Direct and appoint which Court shall Consist of one person learned in the Civil Law and two Merchants which said person and such Officers of the said Court as shall be thought necessary to be Nominated and appointed from time to time by the Govr or the Deputy Govr and Court or the Major part of them and which said person learned in the Civil Law and two Merchants or the Major part of them whereof the said person learned in the Civil Law to be one shall have Commission and Authority to hear and determine all Causes of Forfeitures and Seizures of any Ship or Ships Goods and Merchandize Trading and coming upon any the said Coasts or limits Contrary to the Intent of these presents or of the said recited Letters Patents and also all Civil Maritime or Marine Bargains Buying Selling Bartering of any whatsoever and all Actions and all of Pleas Demands and Debts and promises for payment of money or Merchandize or Trading Contracts also Charterparties or Trading Contracts for affreighting of vessels and wages of Mariners and all other Mercantile or maritime Cases or Causes of difference of Ships or Goods or any damage done to the said Compᵃ by any person or persons whatsoever and all other Maritime Cases whatsoever concerning any Person or persons residing coming or being in the places aforesaid And also all [...] of Trespasses Injuries or wrongs done or committed upon the high Seas or in any of the Regions aforesaid [...] Countries or places aforesaid within the limits of the said East India Company of the said Lord King Charles in the Second Concerning any [...] | Provision was made that further rules and directions might be devised, issued, or appointed as considered reasonable. A court of judicature was established to be held at such places, forts, plantations, or factories along the coasts within the limits of the East Indies as the Company might from time to time direct. This court was to consist of one person trained in civil law and two merchants, together with such officers as were considered necessary. These individuals were to be appointed by the Governor, Deputy Governor, and Court of the Company, or by the greater part of them. The person trained in civil law, together with the two merchants or the majority of them, was granted authority to hear and determine all cases concerning forfeitures and seizures of ships, goods, and merchandise trading to or from the specified coasts in violation of the Charter or earlier Letters Patent granted under Charles II. Jurisdiction extended to civil and maritime matters, including buying, selling, and bartering of goods, as well as all actions, pleas, demands, debts, and promises relating to the payment of money or merchandise. This also included trading contracts, charterparties, agreements for the hiring of vessels, wages of mariners, and all other commercial or maritime disputes. Authority was also given to hear cases involving damage done to the Company by any person, and all other maritime disputes concerning persons residing, travelling to, or present within the specified regions. In addition, cases of trespasses, injuries, and wrongs committed upon the high seas or within the regions and territories described were to be heard, although parts of this section are not fully legible and have been represented as [...]. Interpretations “Charterparties” referred to formal agreements for the hire of a ship, setting out the terms of transport, cargo, and payment. “Person learned in the civil law” referred to someone trained in a legal system based on Roman law, often used in maritime and international disputes rather than English common law. “Pleas and demands” referred to formal legal claims brought before a court, including disputes over debts or obligations. “Affreighting” referred to the hiring or leasing of a ship for the purpose of transporting goods. Speculations Perhaps the repeated establishment of such courts in different Charters suggests that administering justice overseas was a persistent challenge requiring continual reinforcement? It was probably the case that combining legal expertise with merchant experience was intended to ensure decisions were both legally sound and commercially practical? Perhaps the wide jurisdiction granted to the court reflects the complexity of disputes arising from long distance trade, where commercial, maritime, and personal matters were closely connected? It was probably intended that giving the Company authority over such disputes reduced reliance on English courts, allowing quicker resolution in distant trading regions? |
222 | 201 | Or persons Residing or being or Coming in the parts of Asia Affrica within the bounds and limits aforesᵈ all which Causes shall be adjudged and Determined by the said Court upon due Examination and proof accord- ing to the Rules of Equity and good Conscience and according to the Laws and Customs of Merchants by such Methods and Rules of proceedings as we our heires or Successors shall from time to time Direct and appoint under the Great Seal or being sealed and for want of such Directions and until such Directions shall be made by such ways and Means as by the Judges of the said Court shall in their Discretion and Dispositions think most and just whether it be by a summary way or otherwise according to the Exigency of the Case and that shall be brought in judgement before them and all Judgments Determinations and Decrees made in the said Court are to be put in writing and signified to the persons that were present at the making of the same and shall Contain a short memo- rial of the matter of fact as it appeared to them and their Sentence and adjudication thereupon And further whereas the said late King Charles the Second by his said Letters Patents bearing date the Ninth Day of October aforesaid did amongst other things grant that the said Govr the Deputy Govr and Court of the said Company for the time being or the major part of them duly Assembled shall have full power and authority to name and appoint Governors and Officers from time to time in the forts Factories and Plantations therein mentioned which said Governors and Officers should have full power and authority to raise Armies Men and make military Forces as to them should seem Requisite and necessary and to Execute and use the same for the [...] and Defence of the said Compᵃ | All such cases concerning persons residing, being, or coming within the regions of Asia and Africa inside the stated limits were to be heard and decided by the court after proper examination and proof. Judgement was to be given according to principles of fairness and good conscience, and in line with the recognised customs of merchants. Procedures were to follow such methods as might be directed by the Crown under the Great Seal. In the absence of such directions, the judges were to proceed according to their own discretion, using whatever methods they considered most appropriate and just, whether by summary process or otherwise, depending on the nature of each case. All judgments, determinations, and decrees were to be recorded in writing and communicated to those present at the time they were made. These records were to include a brief account of the facts as understood by the judges, together with their decision. Reference was then made to a Charter granted by Charles II, dated 9 October, in which it had been provided that the Governor, Deputy Governor, and Court of the Company, or the greater part of them when assembled, should have full authority to appoint governors and officers for the forts, factories, and plantations mentioned. These appointed governors and officers were granted authority to raise armed forces and to organise military power as they considered necessary. Such forces were to be used for the protection and defence of the Company, although part of this provision is not fully legible and has been represented as [...]. Interpretations “Equity and good conscience” referred to deciding cases based on fairness where strict legal rules might not provide a just outcome, especially in commercial disputes. “Customs of merchants” referred to widely accepted commercial practices, often shared across different regions, forming a basis for resolving trade disputes. “Summary way” referred to a quicker form of legal procedure without the full formalities of a traditional trial, used when speed was necessary. “Short memorial of the matter of fact” referred to a concise written summary of the key facts of a case as understood by the judges. Speculations Perhaps the reliance on both royal direction and judicial discretion reflects the difficulty of governing distant territories where instructions from England could be delayed? It was probably the case that requiring written records of judgments was intended to maintain accountability and consistency in courts operating far from central oversight? Perhaps the power to raise military forces indicates that the Company’s settlements were exposed to significant threats, requiring organised defence beyond ordinary civil authority? It was probably intended that combining judicial, administrative, and military powers in the same structure would allow the Company to act quickly and independently in managing its overseas territories? |
223 | 202 | [...] Martiall Law in which said Govr and Governors and authorities aforesaid we do for us our heires and Successors hereby Confirme and Grant to the said Govr and Company full power and authority to use Execute and Enjoy all or any within the said Island of St Helena and in their Fort of Bombay or on the coast of Coromandel or in all other their forts factories and Plantations which now are or hereafter shall be within the limits of their Charter afore- said and further whereas we are given to understand that many of the Native Princes and people of India and other Nations take opportunity from the Distractions Dissensions or Rebellions amongst the English there occasioned by the late Revolution in England Insomuch have oppressed and ruined many of the Companies factories and seized their Servants and goods without their factories seized their Servants and goods without any just cause greatly endangered the safety of their Ships and factors to the Disservice of the English Nation in those parts of the world for which Injury and Damage the said Company intended to Demand and expect satisfaction in reasonable way if in that manner they can obtain the same and if not then the said Company intended to Endeavour the reco- very of their Ships and Damages and to prevent their further affliction by force of Arms which they are now law authorized to use and exercise and have therefore humbly besought us that in time of war or hostilities with any Nation in the East Indies they may use the benefit of the law commonly called the law Martiall as well in their Ships as in their Plantations forts and places within the limits of their Charter aforesaid for defence of their said Ships against any foreign Enemy or Domestick Insurrection Rebellion or disorder and we therefore for us our heires and Successors further give and grant full power license and authority to the said Govr Deputy and Court of the said Company for the time being or the Major part of them duly assembled to name and appoint Admirals Vice Admirals Rear Admirals Captains and other Sea Officers from time to time in all or any Ship or Ships Serving the said Company in the said East Indies within the limits of their Charter aforesaid and that the said Admirals Vice Admirals Rear Admirals Captains [...] | Authority was confirmed and granted that martial law might be used by the Company and its officers. Full power was given to exercise and apply such authority within the island of St Helena, the fort at Bombay, the coast of Coromandel, and in all other forts, factories, and plantations already established or to be established within the limits of the Charter. It was recorded that disturbances following the recent Revolution in England had been taken advantage of by various native princes and peoples of India and by other nations. In these circumstances, several of the Company’s factories had been attacked or ruined, their servants and goods seized without just cause, and the safety of their ships and agents placed in serious danger, to the detriment of the English nation in those regions. The Company was described as intending first to seek satisfaction for these injuries through reasonable means. If such redress could not be obtained, it was stated that recovery of ships and losses would be pursued by force of arms, which they were now authorised to employ. A request had been made by the Company that, in times of war or hostility in the East Indies, they should be allowed to use martial law both aboard their ships and within their plantations, forts, and settlements, for defence against foreign enemies or domestic rebellion and disorder. Permission was therefore granted that the Governor, Deputy Governor, and Court of the Company, or the greater part of them when assembled, might appoint admirals, vice admirals, rear admirals, captains, and other naval officers from time to time for ships serving the Company within the limits of the Charter. The remainder of this provision is not fully legible and has been represented as [...]. Interpretations “Martial law” referred to the use of military authority to maintain order and discipline, allowing swift punishment and control in situations of conflict or instability. “Factories” referred to trading posts where Company agents operated, often forming the centres of English commercial presence overseas. “Coromandel” referred to the southeastern coast of India, an important region for trade in textiles and other goods. “Admirals, vice admirals, rear admirals” referred to ranks of naval command, indicating a structured maritime hierarchy within the Company’s forces. Speculations Perhaps the reference to the Revolution in England shows how political instability at home had direct consequences for English trade overseas, weakening its position abroad? It was probably the case that granting the Company authority to wage war and organise naval command reflects its transformation into a body with both commercial and military functions? Perhaps the emphasis on self defence and recovery of losses indicates that the Company faced increasing resistance from local powers and competitors in Asia? It was probably intended that formalising naval ranks and military authority would improve coordination and discipline in the Company’s expanding maritime operations? |
224 | 203 | [...] Admirals Captains and other Sea Officers shall have and by these presents we do for us our heires and Successors Give full power and authority to raise Levies Commissions and authority to raise and imploy such number of Seamen or other Military forces as to them shall seem necessary on board their respective Ships or as they shall be Ordered and Directed by the said Govr and Compᵃ or their Successors or by Commission under the Seal of the said Compᵃ in India or elsewhere or to be appointed by the said Govr and Compᵃ and to Execute and use Martial Law in their Ships or the other parts of the Seas or good Ships in time of open Hostility with some other Nation the said Compᵃ having for defence of their Ships against their Enemies having now declared to us our heires and Successors their desire and request the power and authority of Exercising Martial Law in the Ships Serving the said Compᵃ in the East Indies whensoever it shall seem meet or convenient to us our heires and Successors to acknowledge and Confirm the same by an writing to the said Govr and Compᵃ signi- fying our will and pleasure for so doing and our being signified or sign of Manuall And further we do for us our heires and Successors hereby give and grant unto the said Govr and Company their Successors and assigns for ever full power license and authority to coin in their forts any species of Money whatsoever by the fineness of the coin or bullion or by any means to be coined by the said Company or their order money to be coined to the standard of the said Princes mint weight and fineness And that they do not make or coin any European money or coin whatsoever And that the monies or coins to be so coined as aforesaid and no otherwise shall be current in any City Town Port or place within the limits of the said former Charters or Letters Patents And further [...] | Authority was granted that admirals, captains, and other sea officers appointed by the Company should have full power to raise levies and commissions, and to recruit and employ such numbers of seamen or other military forces as were considered necessary. These forces were to serve aboard the Company’s ships or as directed by its governing body, whether by instruction from London or by commission issued under the Company’s seal in India or elsewhere. Power was given to exercise martial law on board ships and at sea during times of open hostility with other nations, for the defence of the Company’s vessels against enemies. The Company had requested formal confirmation of this authority, and it was stated that such power might be exercised whenever it was judged appropriate, once royal approval had been signified in writing under the monarch’s hand. Further authority was granted that the Company and its successors might establish coinage within their forts. They were permitted to produce money of appropriate weight and fineness, in accordance with the standards used by local rulers, provided that no European coinage was imitated or produced. The coins issued under this authority were to circulate only within cities, towns, ports, and places falling under the limits of the Company’s Charters, and not beyond them. The remainder of the provision is not fully legible and has been represented as [...]. Interpretations “Levies” referred to the raising or recruitment of personnel, especially for military or naval service. “Commission under the seal” referred to a formal written authority issued by the Company, validated by its official seal. “Martial law” referred to military authority exercised in place of ordinary law during wartime or emergency conditions. “Standard of the Princes mint” referred to the local systems of coinage used by regional rulers, including accepted weight and metal purity. Speculations Perhaps the authority to raise forces and enforce martial law at sea reflects the increasing dangers faced by Company ships from rival European powers and local resistance? It was probably the case that requiring royal confirmation before exercising martial law ensured that such powers remained under ultimate Crown control, despite being delegated? Perhaps the permission to mint coinage indicates the practical need for reliable currency in distant settlements where English money was scarce or unsuitable? It was probably intended that limiting the circulation of such coinage to Company territories would prevent confusion or conflict with established European currencies? |
225 | 204 | [...] Ships Vessels Castles Bays and all and singu- other our officers Ministers Lieges and subjects what- soever to be aiding favouring helping and assisting the said Govr and Company and to their Successors and to their Deputies Officers Factors Servants and assigns and every of them in Executing and enjoying the premises as well on Land as on Sea from time to time when they or any of them shall be required thereunto And lastly our will and pleasure is and we do by these presents for us our heires and Successors grant unto the said Govr and Company of Merchants of London trading into the East Indies and their Successors that these our letters Patents and all and singular the powers and grants herein contained shall be and remaine sufficient and available in the Law and shall be construed and taken as well to the meaning and intent as to the words of the same most favourably and beneficially to the best advantage and behoof of the said Govr and Company and their Successors although express mention of the true yearly value or certainty of the premises or any of them or of any other Gifts or Grants by Us or by any other our Progenitors or predecessors heretofore made to the said Govr and Company and their Successors in these presents or in the reciting for the same be not made or any Statute Act Proclamation or Restriction or any other thing to the Contrary thereof in any wise notwith- standing In witness whereof we have Caused these these our Letters to be made Patents Witness our Self at Westminster the Twentieth day of Aprill in the Third year of our Reign By writ of Privy Seal Pigott The foregoing are true Copies of 3 Records from to the East India Company taken forth by his Majestys [...] Charles the Second the 5th of them by the Kings most Excellent Majestie that remain [...] | All officers, ministers, subjects, and others of the Crown were required to aid, favour, help, and assist the Governor and Company of Merchants of London trading into the East Indies, together with their successors, deputies, officers, factors, servants, and assigns, in carrying out and enjoying the rights granted to them, both on land and at sea, whenever such assistance was requested. It was further declared that the Letters Patent, and all powers and grants contained within them, were to remain legally valid and effective. They were to be interpreted both according to their meaning and their wording in the most favourable way for the benefit and advantage of the Company and its successors. This validity was to stand even if the exact yearly value of the lands or rights granted had not been specified, and regardless of any previous gifts or grants made by the Crown or its predecessors. Any statutes, acts, proclamations, restrictions, or other matters that might appear to contradict these provisions were not to diminish their force. The document was confirmed as having been issued under royal authority at Westminster on 20 April 1687, in the third year of the reign of James II, by writ of the Privy Seal, with the name Pigott recorded. It was noted that the text represented true copies of three records relating to the East India Company, taken from official sources, although parts of the closing statement are not fully legible and have been represented as [...]. Interpretations “Lieges” referred to loyal subjects of the Crown who owed allegiance and service to the monarch. “Behoof” meant benefit or advantage, indicating that the Charter was to be interpreted in favour of the Company. “Privy Seal” referred to a royal seal used to authorise documents before their final issue under the Great Seal. “Letters Patents” referred to official open documents issued by the monarch granting rights, powers, or privileges. Speculations Perhaps the requirement that all officials assist the Company reflects the difficulty of enforcing its authority without active support from state institutions? It was probably the case that the instruction to interpret the Charter favourably was intended to prevent legal challenges based on technicalities or omissions? Perhaps the explicit dismissal of conflicting laws suggests that earlier disputes had arisen over whether such Charters could override existing statutes? It was probably intended that recording the document as an official copy would reinforce its authority and ensure its use in administration and legal matters? |
226 | 205 | By the Governour & Company of Merchants of London Trading into the East Indies At a Court of Committees holden the Eighth February 1689 To All to whome these Presents shall come Greeting Whereas by our Commission Dated the Twentieth Day of June one Thousand Six hundred Eighty three we did Constitute Major John Black- more to be Governour and Commander in Chief of our Island St Helena and of all and singular the Forts Lands Territories and Jurisdictions thereof and all forces which then were or thereafter should be Imployed for the Service of us the said Governᵒʳ and Company in the said Island and of all now Inhabitants thereof And did thereby also make ordain and Constitute Lieutenant Robert Holden to be our Deputy Governour and Lieutenant of our Garrison Company of Souldiers upon the said Island whereof the said Major John Blackmore is Captaine and Governour of our said Island aforesaid and did appoint the said Robᵗ Holden to be Second of our Councell upon the said Island our Generall Store Keeper and Gunner And did appoint Gregory Field to be Ensign of our said Garrison Company of Souldiers which Post the said Governour and Company And the said Robᵗ Holden is Lieutenant And did further Consti- tute the said Gregory Field to be third of our Councell upon our said Island of St Helena and our Surveyor Generall of our said Island under our said Governour of all our Buildings Lands and Plantations which said recited Commission for so much as relates to the said Major John Blackmore wee do hereby give Confirm under our Common Seale But wee do hereby Revoke and make void so much of our said Commission as relates to the giving any place or power unto the said Robert Holden and Gregory Field In Wittnes whereof we have hereunto set our Common Seale the Day of [...] | At a Court of Committees held on 8 February 1689 by the Governor and Company of Merchants of London trading into the East Indies, a document was issued addressing all recipients with greeting. Reference was made to a Commission dated 20 June 1683, by which Major John Blackmore had been appointed Governor and Commander in Chief of the island of St Helena, together with all its forts, lands, territories, jurisdictions, and forces employed in the Company’s service there, as well as over all inhabitants of the island. By the same Commission, Lieutenant Robert Holden had been appointed Deputy Governor and Lieutenant of the garrison of soldiers on the island, under the command of Major Blackmore. He had also been designated as second member of the Council, General Storekeeper, and Gunner. Gregory Field had been appointed Ensign of the garrison company of soldiers, and had also been made third member of the Council and Surveyor General of the island, with responsibility for buildings, lands, and plantations under the authority of the Governor. It was declared that the earlier Commission was confirmed so far as it related to Major John Blackmore. However, all provisions of that Commission granting office or authority to Robert Holden and Gregory Field were revoked and declared void. In witness of this decision, the Company affixed its common seal, although the exact date of sealing is not legible and has been represented as [...]. Interpretations “Court of Committees” referred to the governing body of the Company responsible for making administrative decisions, similar to a board of directors. “Ensign” referred to a junior commissioned officer in a military unit, often responsible for carrying the company’s flag. “Surveyor General” referred to an official responsible for overseeing land, buildings, and development, including measurement and planning. “Common seal” referred to the Company’s official stamp used to validate formal documents and decisions. Speculations Perhaps the revocation of authority from Robert Holden and Gregory Field indicates internal disputes or dissatisfaction with their conduct in office? It was probably the case that confirming Major Blackmore’s authority while removing others was intended to stabilise leadership on the island? Perhaps the combination of military and administrative roles given in the earlier Commission reflects the small and vulnerable nature of the settlement, requiring individuals to hold multiple responsibilities? It was probably intended that issuing this decision under the Company’s seal would reinforce its authority and ensure compliance among those on the island? |
227 | 206 | and Constitute Joshua Johnson to be our Deputy Gover- nor President of our said Island and Chief of our Garrison Company of Souldiers on the said Island Whereof the said Major Blackmore is Captaine And also do appoint the said Joshua Johnson to be Second of Councill on the said Island And we do appoint Richard Keigwin to be Ensign of our said Garrison Company of Souldiers where- of the said Governour is Captaine and the said Joshua Johnson Lieutenant And we do further Constitute the said Richard Keigwin to be third of our Councill of our said Island of St Helena and Generall Storekeeper and to be our Sur- veyor Generall under our said Governour of all our Buildings Lands and Plantations which said Governour and Councill when Constituted or any two of them (the Governour for the time being to be always one) shall to have and Exercise the Cheife Comand and authority in the said Island in all matters whatsoever and unto whom all the Officers and people there residing or which hereafter shall reside there and all our Officers and Souldiers of what Condition and Quality soever are to give and yield due obedience and in case of the Death or Removal of the said John Blackmore We do ordain and appoint the said Lieut Joshua Johnson to succeed Governour of our said Island and in Case of the Death and Removal of the said Joshua Johnson Wee do Constitute and appoint Ensign Richard Keigwin to succeed and be our Governour of that Island in his stead and in all manner and with the same powers as we have at any time granted unto Major John Blackmore our present Governour Which said Councill is to begin to take place upon the safe and seasonable safe arrivall of the Ship Benjamin whereof Capᵗ Croone Browne is Commander and to continue untill the contrary thereof shall be signified under our Common Seale or other wise by our Letters under our hands or under the hands of the Governour and Deputy and Twelve at least of Committees of the said Company and the said Governour and Councill before named in the Execution of the Charge and Trust to them Committed are to observe the Orders and Instructions now or formerly given or such others that they shall hereafter from time to time receive from the said Governour and Company | Joshua Johnson was appointed Deputy Governor, President of the island of St Helena, and chief of the garrison company of soldiers, under the command of Major John Blackmore as Captain. He was also appointed second member of the Council. Richard Keigwin was appointed Ensign of the garrison company, in which Major Blackmore remained Captain and Joshua Johnson served as Lieutenant. He was further appointed third member of the Council, General Storekeeper, and Surveyor General, with responsibility for buildings, lands, and plantations under the authority of the Governor. The Governor and Council, once established, or any two of them provided that the Governor was always one, were granted chief command and authority over the island in all matters. All officers, inhabitants, and soldiers present or to be present were required to give due obedience to their authority. It was further provided that, in the event of the death or removal of Major John Blackmore, Joshua Johnson was to succeed as Governor of the island. In the event of the death or removal of Joshua Johnson, Richard Keigwin was to succeed as Governor, with the same powers as had been granted to Major Blackmore. This Council was to take effect upon the safe and timely arrival of the ship Benjamin, commanded by Captain Croone Browne, and was to continue in force until altered by authority under the Company’s common seal or by formal letters issued by the Governor, Deputy Governor, and at least twelve members of the Court of Committees. Those appointed as Governor and Council were required to carry out their duties in accordance with existing orders and instructions, as well as any further instructions that might be issued from time to time by the Company. Interpretations “President” in this context referred to the senior Company official on the island responsible for overseeing administration alongside the Governor. “Ensign” referred to a junior military officer, typically responsible for carrying the company’s flag and assisting senior officers. “General Storekeeper” referred to the official in charge of managing supplies, provisions, and equipment essential for the settlement. “Surveyor General” referred to the officer responsible for overseeing land, buildings, and the organisation of plantations. Speculations Perhaps the clear line of succession was intended to prevent disputes or confusion in a remote settlement where delays in communication with England could create instability? It was probably the case that combining military, administrative, and logistical roles in a small number of individuals reflects the limited personnel available on the island? Perhaps the requirement that the Governor must always be present for decisions suggests concern about maintaining strong central authority in the colony? It was probably intended that tying the start of the new administration to the arrival of a specific ship ensured that instructions and personnel changes would take effect in an orderly and coordinated manner? |
228 | 207 | And Company And doe hereby require will the Inhabitants of the said Island as also the Officers and Souldiers Imployed in our Service to be obedient unto our said Governour and Councill and to be aiding and assisting unto them in the Execution of the rule and Command hereby given them And whereas by Charter under the Great Seale of England granted to the said Company by his late Majestie King Charles the Second the 27th of August in the 35th yeare of his Reigne full power and authority is given to us to Raise Armies Traine and Muster such Military Forces as to us shall seeme requisite and necessary and to Govern and use within all our Forts factories and Plantations as now are or shall be at any time hereafter settled or under the said Company within the limits of Asia and America the Law called the Martiall Law for the Defence of the said Fort Places and Plantations against any forreign Invasion or Domestick Insurrection or Rebellion which hath also been Confirmed unto us by the Charter of the late King James the Second under the Great Seale of England Dated the 11th of Aprill One thousand six hundred Eighty five Wee do therefore by these presents authorize and Impower the said Major John Blackmore and in Case of his death or Removall the Governour for the time being with the advice of the Councill of the said Island to put in Execution all the authorities Jurisdictions and powers that are thereby granted to us our heires and Successors which he is to performe and Execute as well for the peace of the said Island as for the Honour of the English Nation in those Remote parts and for the benefit of the Company and the Trade Commodity and Traffique of the Inhabitants thereof Given under the Companys Seale the abovesaid Eighth of February Anno Domini One thousand six hundred Eighty Eight Sealed in the presence of Ro Blackbourne Thomas Woolley The Companys Seale | All inhabitants of the island of St Helena, together with the officers and soldiers employed in the Company’s service, were required to obey the Governor and Council and to assist them in carrying out the authority granted to them. Reference was made to a Charter granted under the Great Seal of England by Charles II on 27 August in the thirty-fifth year of his reign, by which power had been given to raise armies, train and muster military forces, and to govern and apply martial law within forts, factories, and plantations established within Asia and America for defence against foreign invasion or domestic rebellion. It was noted that this authority had been confirmed by a later Charter granted by James II on 11 April 1685. Authority was therefore granted that Major John Blackmore, and in the event of his death or removal the Governor for the time being, acting with the advice of the Council, should exercise all such powers, jurisdictions, and authorities as had been granted under those Charters. These powers were to be used for maintaining peace on the island, upholding the honour of the English nation in those distant regions, and promoting the benefit of the Company as well as the trade and welfare of the inhabitants. The document was issued under the Company’s seal on 8 February 1689, with the names Ro Blackbourne and Thomas Woolley recorded as witnesses. Interpretations “Martial law” referred to the use of military authority to maintain order and discipline, particularly in times of threat or instability when ordinary legal processes might be insufficient. “Train and muster” referred to the organisation and preparation of troops, including assembling and drilling them for military service. “Factories” referred to overseas trading posts where Company agents lived and conducted business, rather than manufacturing sites. “Great Seal of England” referred to the official seal used to authenticate major state documents, giving them full legal authority. Speculations Perhaps the repeated emphasis on obedience reflects concern about maintaining discipline in a remote settlement where authority could easily be challenged? It was probably the case that the confirmation of military powers under multiple Charters was intended to remove any doubt about the Company’s right to defend its possessions? Perhaps the linking of military authority with the honour of the English nation suggests that the Company’s actions overseas were seen as representing the state as well as private interests? It was probably intended that empowering the Governor to act decisively would help secure both the settlement and the Company’s wider trading interests in the region? |
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231 | 210 | Hand of St Helena At a Court of Judicature held November the 7th 1683 Sr John Blackmore Judge Capt Joshua Johnson Mr Robt Blackborne Mr Wᵐ Bonman Mr John Frith Andrᵒ Wiefson Plaintiff in an Action of Trespass & damage of 20 against James Wakefield Defendant who (as the said Wiefson alledged) had on his Land a Dogg and for Proofe thereof produced the [...] ensueth following Tho Simleton being sworn Declares that he did see a Dogg run after some Cattle but knows not whose Cattle they were nor whether they had any hurt done them, and that some of the said Did endeavour to Cure the Dogg after him barking them Richard Griffith sworn Declarith that he did see a black Dogg of the Defendants Wakefield run after some Cattle and take hold of one Cow twice but did not know whose Cattle they were, nor that the said Wakefield or Dogg did have an harm on any of the Cattle John Harding sworn Declarith that he was at the Defendants Wakefields house, and did see a black Dogg or Cattle in the said James Wakefields ground, and a Dogg running after the Cattle to hurt them, but knows not whose Cattle they were or that any of them was Damnified or hurt Wᵐ Wakefield sworn Declarith that he never did see know the Defendants Wakefield or his Dogg do any hurt or harm to any of the Pltᶠs Cattle Mr Gary sworn saith he did see the Defendants dogg [...] and did see him worried amongst [...] after to fetch the said Dogg to the said Wakefield [...] the said Court October | At a Court of Judicature held on 7 November 1683 at St Helena, Sir John Blackmore served as Judge, together with Captain Joshua Johnson, Mr Robert Blackborne, Mr William Bonman, Mr John Frith, and others. An action of trespass and damage valued at 20 was brought by Andrew Wiefson against James Wakefield. It was alleged by Wiefson that Wakefield had kept a dog on his land which had caused harm. Evidence was presented in support of this claim, although part of the record is not fully legible and has been represented as [...]. Thomas Simleton, being sworn, declared that he had seen a dog run after some cattle, but did not know whose cattle they were or whether they had been harmed. He also stated that some of those present had attempted to drive the dog away after it had barked at them. Richard Griffith, being sworn, declared that he had seen a black dog belonging to the defendant, Wakefield, run after some cattle and seize one cow twice. However, he did not know whose cattle they were, nor whether any harm had been done. John Harding, being sworn, declared that he had been at Wakefield’s house and had seen cattle in his grounds, along with a dog running after them in a manner suggesting harm. He did not know whose cattle they were or whether any damage had occurred. William Wakefield, being sworn, declared that he had never seen or known the defendant Wakefield or his dog to cause harm to any of the plaintiff’s cattle. Mr Gary, being sworn, stated that he had seen the defendant’s dog [...] and had seen it worrying among [...], and that attempts had been made to bring the dog back to Wakefield, although parts of this testimony are not fully legible and have been represented as [...]. Further proceedings of the court in October are mentioned, although the details are incomplete. Interpretations “Action of trespass” referred to a legal claim brought for unlawful interference with property, in this case damage to livestock. “Worried” in this context referred to an animal being attacked or harassed by a dog, especially livestock being chased or bitten. “Being sworn” indicated that each witness had taken an oath to tell the truth before giving evidence. Speculations Perhaps the lack of clear evidence about ownership of the cattle made it difficult for the court to determine responsibility or assess damages? It was probably the case that such disputes over livestock were common in a small settlement where animals grazed freely and boundaries were not always strictly enforced? Perhaps the repeated uncertainty among witnesses suggests that proof of actual damage, rather than mere pursuit by the dog, was required to succeed in such a claim? It was probably intended that recording witness testimony in this structured manner reflects an effort to apply formal legal procedures even in a remote colonial setting? |
232 | 211 | Hand of St Helena Att a Court of Judicature held November the 7th 1683 Sr John Blackmore Judge Capt Joshua Johnson Mr Robt Blackborne Mr Wᵐ Bonman Mr John Frith Andrᵒ Wiefson Plaintiff in an Action of Trespass & damage of 20 against James Wakefield Defendant who (as the said Wiefson alledged) had done his Cattell great hurt by setting a Dogg at them and for Proofe thereof produced the wit- nesses following Tho Simleton being sworne Declarith that he did see a Dogg run after some Cattle but know not whose Cattle they were nor whether they had any hurt done them, and that some of the said did endeavour to C[ur]e the Dogg off from hunting them Richard Griffith sworne Declarith that he did see a black Dogg of the Defendant Wakefield run after some Cattle and take hold of one Cow twice but did not know whose Cattle they were, nor that the said Wakefield or Dogg did have an harme on any of the Cattle John Harding sworne Declarith that he was at the Defendants Wakefields house, and did see a black Dogg or Cattle in the said James Wakefields ground, and a Dogg running after the Cattle to hurt them, but know not whose Cattle they were or that any of them was Damnified or hurt Wᵐ Wakefield sworne Declarith that he never did see know the Defendants Wakefield or his Dogg do any hurt or harme to any of the Pltᶠs Cattle Mr Gary sworne saith he did see the Defendants dogg run after some of Cattle and the Defendant wakefield following after to take the sd Dogg off the said Cattle but did not see any of the said Cattle hurt or Damnified [...] the said Court October | At a Court of Judicature held on 7 November 1683 at St Helena, Sir John Blackmore served as Judge, together with Captain Joshua Johnson, Mr Robert Blackborne, Mr William Bonman, and Mr John Frith. Andrew Wiefson brought an action of trespass and damage, valued at 20, against James Wakefield. It was alleged that Wakefield had caused serious harm to his cattle by setting a dog upon them. Witnesses were presented in support of this claim. Thomas Simleton, being sworn, declared that he had seen a dog run after some cattle, but did not know whose cattle they were or whether they had been harmed. He also stated that some persons had attempted to drive the dog away from pursuing them. Richard Griffith, being sworn, declared that he had seen a black dog belonging to Wakefield run after some cattle and seize one cow twice. He did not know whose cattle they were, nor whether any harm had been done. John Harding, being sworn, declared that he had been at Wakefield’s house and had seen cattle in his grounds, together with a dog running after them in a manner that suggested harm. He did not know whose cattle they were or whether any had been damaged or injured. William Wakefield, being sworn, declared that he had never seen or known the defendant Wakefield or his dog to cause harm to any of the plaintiff’s cattle. Mr Gary, being sworn, stated that he had seen the defendant’s dog run after some cattle, with Wakefield following in order to call the dog off. He did not observe any of the cattle to have been harmed or damaged. Further proceedings of the court in October were mentioned, although the details are not fully legible and have been represented as [...]. Interpretations “Action of trespass” referred to a legal claim concerning unlawful interference with property, including damage to livestock. “Setting a dog at them” meant deliberately encouraging or allowing a dog to chase or attack animals. “Damnified” referred to suffering loss or damage, especially in a legal sense. Speculations Perhaps the consistent uncertainty among witnesses about ownership of the cattle reflects the informal grazing practices of the settlement, where animals may not have been clearly marked or confined? It was probably the case that the absence of clear evidence of actual damage weakened the plaintiff’s claim, despite the dog’s behaviour being observed? Perhaps the testimony that the defendant attempted to call the dog off suggests that intent to harm may have been an important factor in the court’s judgement? It was probably intended that such detailed recording of witness statements demonstrates an effort to apply structured legal reasoning even in a small and remote colonial community? |
233 | 212 | Tho Simleton Declarith as the sd Wᵐ Gary sd being in Compᵉ with him at the same time. Upon the whole matter the Jury brought their verdict for the Defendt no more damage Eliz Roads Plaintiffe in an action of Defamation of 20 Damages agt Gabriel Bowne for saying he lay with his maids daughters wife, for proofe whereof the produced the witnesses following vizt Eliz Steward sworne saith that he the Defendt Bowne did tell her that he lay with a woman and had a childe with her, and that the woman her was the wife or maid servant of the said Gabriel Bowne did tell her the said Eliz Stewart That it was himself that did it, and the woman was Martha Gabriel Bowne being Examined saith that denies the fact, and said that there had been words between him and the said Eliz Roads about a difference between them, about a week ago, and that in malice and envy the said Eliz Roads had declared this against him the same having spoken of it selfe about a fortnight ago since Matthew Bonny sworne saith that Gabr Bowne did tell him about a week ago that he heard that one woman had layne with him, and that when he asked him who it was he the said Bowne told him he did not know Mr Roads being Examined saith there was a man seen into the house where they lay in the night time, and believed the same to have bin Bowne coming to him and hastily departing of him, he went away and she did not know who it was Upon the whole matter the Jury brought in their verdict for the said Plaintiffe 10 li dam Cost & Charges Hugh Boddy Plaintiffe in an action of burglary against Gabriel Bowne for breaking open his house in the night time for proofe thereof he produced the witnesses following Eliz Steward sworne saith that Gabriel Bowne did see her that there was a man that did break open the sd Boddys house in the night time to goe in and she went abroad and the said Eliz Steward said she was frighted by him | Thomas Simleton declared that his evidence agreed with that of William Gary, both having been present together at the same time. Upon consideration of the whole matter, the jury returned a verdict in favour of the defendant, with no damages awarded. Elizabeth Roads brought an action of defamation valued at 20 against Gabriel Bowne, alleging that he had stated that he had lain with his maid’s daughter’s wife. Witnesses were produced in support of the claim. Elizabeth Steward, being sworn, stated that Bowne had told her that he had lain with a woman and had fathered a child with her. She further stated that a woman, described as either the wife or maid servant of Bowne, had told her that he himself had committed the act, and that the woman involved was named Martha. Gabriel Bowne, when examined, denied the allegation. He stated that there had been a dispute between himself and Elizabeth Roads about a week earlier, and that the accusation had been made out of malice and envy. He also stated that the matter had been spoken of about a fortnight earlier. Matthew Bonny, being sworn, stated that Bowne had told him about a week earlier that he had heard that a woman had lain with him. When asked who it was, Bowne had replied that he did not know. Mr Roads, when examined, stated that a man had been seen entering the house where they slept during the night, and it was believed to have been Bowne. He stated that the man had come and departed quickly, but that the woman did not know who it was. Upon consideration of the whole matter, the jury returned a verdict in favour of the plaintiff, awarding 10 pounds in damages, together with costs and charges. Hugh Boddy then brought an action of burglary against Gabriel Bowne, alleging that he had broken open his house during the night. Witnesses were presented in support of this claim. Elizabeth Steward, being sworn, stated that Bowne had told her that a man had broken open Boddy’s house at night in order to enter it. She further stated that she had gone outside and had been frightened by him, although part of this testimony is not fully clear. Interpretations “Defamation” referred to making a false statement that harmed another person’s reputation, especially by alleging immoral or criminal behaviour. “Lay with” was a common expression meaning to have had sexual relations. “Costs and charges” referred to additional expenses awarded by the court, covering the cost of bringing the case. “Burglary” referred to unlawfully entering a building, especially at night, with intent to commit a crime. Speculations Perhaps the defamation case shows how seriously accusations of sexual misconduct were treated in a small community, where reputation would have had significant social consequences? It was probably the case that conflicting testimonies and uncertainty about identity made it difficult to establish clear proof in such cases? Perhaps the relatively modest damages awarded reflect either limited evidence or the court’s attempt to balance competing claims? It was probably intended that recording multiple cases together demonstrates the range of disputes handled by the court, from property damage to personal reputation and criminal accusations? |
234 | 213 | that she would be hanged if it was not himself, and the said Gab Bowne immediately made answer, and swore by the maker that was soe, also the said Eliz Steward did further declare that the said Gab Bowne did tell her, that att the same time he did give bacon and beare to three Dutch men that were in the said house and after ward left them there, and locked them into the said house and departed Mr Boddy being Examined saith that shee lockt the doors, and after ward found it open, and the windows broken Gab Bowne being Examined denyed the fact, or that Ever he said any such thing Upon the whole matter the Jury find him guilty and it was thought fitt by the Court that he should pay the Recogni- zance which was to bring formerly bound to his good beha- viour on that penalty Upon an Information given by the Judge of this Court, that Andrᵒ Wiefson had spoken severall things tending to the sd Judge his Defamation, the Informᵗ was called and was reproached upon Accusation being Examined did declare, that he the said Andrᵒ Wiefson did goade him (on some Difference between him & Mr Draper) to make a Complaint to the Govᵗ of him, and further told him that the sd Govᵗ was a man that would take and Except of bribes to favour suits, and that to the sd Andrᵒ Wiefson knowledge the said Govᵗ had taken bribes and Cheats of Mr Eveless to favour a cause against him the said Andrᵒ Wiefson And Wiefson being Examined Denyed yt he Ever said any such thing yt was alledged against him, and that if he did say any such thing he was heartily sorry for it, and in the open Court asked the Govᵗ forgiveness, which the Govᵗ was pleased to accept of as satisfaction for the Injury done him, and he was Discharged Court adjourned until Friday the 8th of Dec 1683 | Elizabeth Steward, continuing her testimony, declared that she had said that she would be hanged if it had not been Gabriel Bowne himself, and that Bowne had immediately answered and sworn that it was so. She further stated that Bowne had told her that at the same time he had given bacon and beer to three Dutch men who were in the house, and had afterwards left them there, locking them inside before departing. Mr Boddy, being examined, stated that he had locked the doors and later found them open, with the windows broken. Gabriel Bowne, when examined, denied both the act and that he had ever made such statements. Upon consideration of the whole matter, the jury found Bowne guilty. It was determined by the court that he should forfeit the recognisance by which he had previously been bound to good behaviour, and suffer the penalty attached to it. An additional matter was then raised by the judge of the court, Sir John Blackmore, concerning statements made by Andrew Wiefson that were considered defamatory towards him. The informant was called and, upon examination, declared that Wiefson had urged him, following a disagreement with Mr Draper, to make a complaint to the Governor. It was further alleged that Wiefson had stated that the Governor would accept bribes to favour cases, and that, to Wiefson’s knowledge, the Governor had taken bribes and deceitful payments from Mr Eveless in order to influence a case against Wiefson. Andrew Wiefson, when examined, denied having made such statements. He declared that if he had said anything of that kind, he was sorry, and he asked the Governor’s forgiveness in open court. This apology was accepted as sufficient satisfaction for the injury, and he was discharged. The court was then adjourned until Friday, 8 December 1683. Interpretations “Recognisance” referred to a formal legal obligation, often involving a financial bond, requiring a person to keep the peace or behave well, with a penalty if broken. “Bound to his good behaviour” meant that a person had previously been required to avoid misconduct, under threat of penalty. “Information” referred to a formal complaint or accusation brought before a court. “Defamation” referred to making statements that harmed another person’s reputation, especially when those statements accused them of misconduct. Speculations Perhaps the weight given to Elizabeth Steward’s testimony suggests that confession or admission, even if disputed, carried strong influence in the court’s judgement? It was probably the case that the penalty of forfeiting a recognisance was used as a practical way to enforce discipline without resorting to more severe punishment? Perhaps the handling of the accusation against the Governor shows the importance placed on maintaining authority and reputation within a small and hierarchical settlement? It was probably intended that accepting an apology in open court allowed disputes involving authority figures to be resolved quickly without prolonged conflict? |
235 | 214 | Memorandum That hereafter should follow another Session but that it is stopt which is a tryall of Richd Sligh Theft driven and severall Blacks belonging to Robby of Governours house etc 114 Island St Helena The Proceedings at a Tryall of Servᵗ Richᵈ Honeywood att a Sessions held Octobᵣ the 6th 1683 Present Sr John Blackmore Governᵣ as Judge Capt Gregory Field Mr Natᵗ Fox Mr Tho: Gyles The Judge had made Speech to the auditors Concerning the Occasion of this offence and Caution to the Jury that should be of the Jury that they would acquit or condemne life man and Christian feeling them that before they arrive to examine the truth from fraud or also to find him guilty if it did appeare to them that he was guilty Declaring the heinousness of the offence saying that Blood requires Blood and that man that killd his fellow man shall lose his blood to satisfie life Then a Proclamation was made and the said Prisoner Comanded to surrender himselfe into the custody of the Marshall Richd Honeywood kept up by him And an Indictment was read as followeth Richard Honeywood thou standest accused by the name of Richᵈ Honeywood Servᵗ in the Service and pay of the Honble Compᵞ of English merchants trading to the East Indies for the Island St Helena by the Majority and Authority of the same having the fear of God before thine Eyes and not having the same in Capable duty Maliciously feloniously and violently assault wound and kill with a Rapier Mannor slain then being in the said Honble Compᵞ Service and being Contrary to the Peace of our Sovereigne Lord the King and by the Laws and Constitutions of the said Honble Compᵞ for the good Government of the said Island | A memorandum recorded that a further session had been intended to follow, but that it was stopped. This related to a trial concerning Richard Sligh and a matter of theft involving cattle and several slaves belonging to Robby of the Governor’s household, although details are incomplete. Proceedings were then recorded of a trial held at a session on 6 October 1683 on the island of St Helena. Sir John Blackmore presided as judge, together with Captain Gregory Field, Mr Nathaniel Fox, and Mr Thomas Gyles. A speech was delivered by the judge to those present, explaining the nature of the offence and cautioning the jury to act with fairness and conscience. They were instructed to carefully distinguish truth from falsehood, and to acquit or condemn the accused based on the evidence. The seriousness of the crime was emphasised, with it being stated that the taking of life required the loss of life in return. A proclamation was then made, and the prisoner, Richard Honeywood, was ordered to surrender himself into the custody of the marshal, where he was held. An indictment was read, accusing Richard Honeywood, described as a servant in the service and pay of the Honourable Company of English merchants trading to the East Indies on the island of St Helena, of having, with malice and intent, violently assaulted, wounded, and killed a man using a rapier. The act was described as being committed contrary to the peace of the King and against the laws and regulations established by the Company for the governance of the island. Interpretations “Session” referred to a formal sitting of a court where legal cases were heard and decided. “Marshal” referred to the officer responsible for custody of prisoners and maintaining order in court proceedings. “Indictment” referred to a formal charge stating the crime of which a person was accused. “Rapier” referred to a slender, sharply pointed sword commonly used in the period. Speculations Perhaps the reference to a halted session suggests that legal proceedings could be disrupted or delayed in a small and remote settlement with limited resources? It was probably the case that the judge’s strong emphasis on the seriousness of the offence reflects the importance placed on maintaining order in a confined community? Perhaps the invocation of both royal authority and Company laws indicates an overlap between state and corporate legal systems in governing the island? It was probably intended that such formal procedures, including proclamation and indictment, would reinforce the legitimacy of the court despite its remote location? |
236 | 215 | What sayst thou Richᵈ Honeywood art thou Guilty of the Indictment or not Guilty Not Guilty Q How sayst thou whom wilt thou be tryed R Honeywood By God and the Country Q Peace God send thee a good Deliverance Judge Call over the Names of the Jury who were done and they are appeared to their names Q Richᵈ Honeywood thou hast bin Indicted for maliciously and feloniously killing of Manners then wᶜʰ unto which Indictment thou hast pleaded Not Guilty and hast put thy selfe upon God and the Country to be tryed, If thou therefore hast any thing to Offer against any of them thou mayst do it when they come to be Sworne Even Court right Michele Maurico Cryer Oyes Rᵈ Sr Thumble Defends the Court that Mr Maurice may not be of them then he was sworne and the Jury that were sworn and Names followeth Orlando Bagly free Planter Cyer one John Mathews do 2 Tho: Harper do 3 Owen Davies do 4 Richᵈ Leach do 5 ffrᵃnᶜᶦs Fox do 6 Henry Manning (Prisoner) Cyer 7 Andrew Rickson Jurᵉ 8 Isaac Hayter Senᵉ 9 Wᵐ Pilkington Senᵉ 11 Jo Baxter Senᵉ 12 all Good men well and true stand together & have regard to your Evidence Then Orlando Bagly free Planter was appointed foreman and sworne as followeth You | Richard Honeywood was asked how he answered to the indictment, and whether he was guilty or not guilty. He replied that he was not guilty. He was then asked by whom he wished to be tried, to which he answered that he would be tried by God and the country. A formal response was given wishing that he might receive a fair deliverance. The judge ordered that the names of the jury be called, and those summoned appeared accordingly. The charge against Honeywood, that he had maliciously and feloniously killed a man named Manners, was restated. It was noted that he had pleaded not guilty and had submitted himself to trial by jury. He was informed that he might object to any juror before they were sworn. An objection was raised against one proposed juror, Mr Maurice, and he was excluded. The remaining jurors were then sworn. The jury consisted of Orlando Bagly, a free planter, John Mathews, Thomas Harper, Owen Davies, Richard Leach, Francis Fox, Henry Manning, Andrew Rickson, Isaac Hayter Senior, William Pilkington Senior, and John Baxter. They were described as good and lawful men, instructed to consider the evidence carefully. Orlando Bagly was appointed foreman of the jury and was sworn in that role. Interpretations “By God and the country” referred to the common legal formula indicating trial by jury, meaning that the verdict would be decided by fellow inhabitants under oath. “Free planter” referred to a settler who owned or worked land independently, rather than serving as an employee or soldier. “Foreman” referred to the juror chosen to lead the jury, organise deliberations, and deliver the final verdict. “Oyes” was a traditional call made in court to command attention and silence before proceedings. Speculations Perhaps the defendant’s ability to challenge jurors reflects an effort to ensure fairness even in a small community where many individuals would have known one another? It was probably the case that the use of a jury composed of local settlers shows how English legal practices were adapted to colonial settings? Perhaps the inclusion of individuals described as “Senior” suggests an emphasis on experience or reputation in selecting jurors? It was probably intended that maintaining these formal procedures reinforced the legitimacy of the trial despite the limited size and resources of the settlement? |
237 | 216 | You shall well and truly try and true deliverance make betwixt our Sovereigne Lord the King and the Prisoner at the Barr upon the Indictment of Richᵈ Honeywood Prisoner at the Barr on the other pt without fear favour or affection and according to the Evidence and the best of yoᵘʳ skill knowledge and Judgement so help you God and the Contents of this Book Then the rest was sworne as followeth Take the same Oath yoᵘʳ foreman hath taken you and every one of you shall well observe and keep so help you God and the Contents of this Booke C B Unto which Indictment the Prisoner at the Barr hath pleaded not Guilty, and hath put himselfe on God & the Country, which Country you are to try and know if Guilty you are to find what Goods & Chattels the sd Richᵈ Honeywood hath, if not Guilty you have enquire whether he did fly for it, if he fled for it what Goods or Chattels he hath, if he did not fly for it you have say no more Stand together and have yoᵘʳ Evidence Judge Call the Witnesses one by one, and sworne them as the Court to be Examined C B Cryer see Anne Conner Cryer Anne Conner come before the Court and give yoᵘʳ attendance who appeared and was Sworne Judge Give yoᵘʳ whole knowledge to the Jury what you know of Richᵈ Honeywood killing Manners Anno 1683 January the 28ᵗʰ about 9 or 10 a Clock in the morning there came to my house one Richᵈ Honeywood being Servant to Mr John Nicolls, and did say Richᵈ Honeywood being Drunk that my husband was then before that time he did say that Richᵈ Honeywood did come into discourse with Richᵈ Honeywood about the sd Manners he did then he the said Richᵈ Honeywood desired the sd Manners to be at the wharf on Wednesday next to stay for him and he would send victuals to him, but sd Richᵈ Honeywood told him that he would not goe why sd Richᵈ Honeywood would you not obey the Govᵗ but sd he would be free to go ashore, he said that the Govᵗ would not trust me, Mary said otherwise, and that you meanly discourse or to go free or go with his appointed man Wᵐ Seale by sd Richᵈ Honeywood who then | The jury was sworn with an oath requiring them to fairly and truthfully try the case between the Crown and the prisoner, Richard Honeywood, without fear, favour, or bias, and to decide according to the evidence and their best judgement. The remaining jurors were sworn in the same manner, each being required to uphold the oath already taken by the foreman. It was declared that the prisoner had pleaded not guilty and had submitted himself to trial by jury. The jurors were instructed that, if they found him guilty, they were to determine what goods and possessions he held. If they found him not guilty, they were to consider whether he had fled, and if so, what goods he possessed, and if not, to state no further finding. The court then ordered that the witnesses be called and examined. Anne Conner was summoned, appeared before the court, and was sworn. She gave evidence concerning the events of 28 January 1683, at about nine or ten in the morning. She stated that Richard Honeywood, a servant to Mr John Nicolls, had come to her house in a drunken state. She recounted that there had been discussion involving Honeywood and a man named Manners. Honeywood had asked Manners to be at the wharf on the following Wednesday, promising that provisions would be sent to him. It was stated that Manners had refused to go, and Honeywood had questioned why he would not obey the Governor. Manners had replied that he wished to be free to go ashore. It was further stated that there had been discussion about whether he should go freely or under the direction of a man named William Seale, as had been proposed by Honeywood. The account continued, although the remainder of this section is not fully legible. Interpretations “Prisoner at the bar” referred to the accused person standing before the court to answer the charges. “Goods and chattels” referred to personal property and possessions that could be forfeited if a person was found guilty. “Fly for it” referred to fleeing or attempting to escape after committing an offence, which could affect judgement or penalties. “Victuals” referred to food or provisions supplied for a journey or for sustenance. Speculations Perhaps the detailed instructions to the jury about goods and flight reflect legal practices concerned not only with guilt but also with property and consequences following conviction? It was probably the case that the mention of drunkenness was significant, as it may have influenced perceptions of Honeywood’s behaviour and responsibility? Perhaps the dispute about obeying the Governor suggests underlying tensions about authority and discipline among those living on the island? It was probably intended that witness testimony about prior interactions would help establish motive or context leading to the alleged killing? |
238 | 217 | Maurice why should you Reflect upon the Govᵗ you have no reason for it, you lye that sd Hunt swearing twice God Damn him and said he d know how to be his Councells Keeper, but twice Mr Bonman as also Mr Tho: Greening what a Quarrell some woman there was in, To make him be Quiet told them that the Govᵗ was in the Mar- ket house which was near Mr Maurice and would hear them, and be them quiet then Honeywood desired him to hold his peace and Not make himself odious to the Governᵗ then swearing Desperately as before that he d not Care if the Govᵗ heard him and sd Honeywood tell him so for he would do it before he went up a Shore and sd the sd Hunt sd to the sd Honeywood Sir you know you gave me a wound in this arme showing him it but that if I had you or if it would not have you be abused only me sd Honeywood what made you speake of those things after which Hunt fell into Discourse againe about the Govᵗ about favouring Mr Bonman a gainst him, but sd Hunt twice make the Govᵗ odious Honeywood said he could not and Hunt said that he could which Discourse continued, then saying he could, the other saying he could not some while I went downe into my thatch house and gott some stuff ready for supper, and carrying it over to my house, saw Mr Bonman who came to me first declare Abuses of Bonman the which I promised to make him know bring him to come up and see Bonman which it was a meeting when sd Mr did it and Good Night Repose said I was at the Widdᵗ Libins in Drinke, and with him that then nighting some words spake I might be done by them Determined to goe and see and sd sd said why sd who and to be Neither, who sd he would, and Honeywood went downe and doing Hunt and Williams following I Entred the Chamber doore then not only and seeing Hunt between Curtains, and Bonmans house I went on the back side of the house, to see Good Night not to see me, and went directly to sd Libins house was not there long out sd Mr Libins land a Noise or [two] or [three] (as I was Informed) and after I did see sd Richᵈ Honeywood | Anne Conner continued her testimony, describing a quarrel in which a man named Maurice was reproached for speaking against the Governor without cause. It was stated that another man, Hunt, had sworn repeatedly and used offensive language, declaring that he knew how to keep his own counsel. Reference was made to Mr William Bonman and Mr Thomas Greening, who were present during a dispute involving a woman. It was stated that attempts were made to quiet those involved by informing them that the Governor was in the nearby market house and might hear them. Honeywood urged Hunt to be silent and not make himself offensive to the Governor, but Hunt continued to swear and declared that he did not care if the Governor heard him. Honeywood told him to repeat such words to the Governor before going ashore. Hunt then showed Honeywood a wound on his arm, stating that Honeywood had previously caused it. Honeywood questioned why Hunt raised the matter again. The dispute continued, with Hunt accusing the Governor of favouring Mr Bonman against him, and asserting that he could make the Governor appear disreputable, while Honeywood denied that this could be done. The argument persisted for some time. During this, Anne Conner stated that she went to her thatched house to prepare provisions for supper. While carrying them back, she encountered Mr Bonman, who complained of abuses against him. She stated that she promised to inform Honeywood and bring him to speak with Bonman. Reference was made to a meeting that took place afterwards, although parts of the account are unclear. She stated that she had been at the widow Libins’s house, where drink had been taken and words exchanged. It was suggested that further action might follow from what had been said. She stated that Honeywood went down, followed by Hunt and Williams. She entered a chamber and saw Hunt between the curtains in Bonman’s house. She then went around the back of the house and afterwards proceeded to the house of Libins, where she did not remain long. A noise was heard, described as occurring once or several times, and afterwards she saw Richard Honeywood, although the remainder of this account is not fully legible and has been represented as [...]. Interpretations “Make himself odious to the Governor” meant to behave in a way that would offend or anger the Governor, risking punishment or disapproval. “Market house” referred to a central public building used for trade and gatherings, often near administrative activity. “Curtains” referred to bed hangings or partitions within a room, often used for privacy in sleeping areas. “Thatch house” referred to a simple dwelling with a roof made of straw or similar materials. Speculations Perhaps the repeated references to disputes about the Governor suggest tensions over authority and perceived favouritism within the settlement? It was probably the case that alcohol contributed to the escalation of the quarrel, as indicated by mentions of drinking and heated language? Perhaps the witness’s movements between houses and locations reflect the close proximity of dwellings, making events easily observed but also difficult to interpret clearly? It was probably intended that this testimony established the sequence of events leading up to the alleged killing, even though parts of the account remain unclear? |
239 | 218 | a Coming with two swords for his hand he put his owne in ye scabberd and said to me stand by there is a man slain, said I who, sd he I doe not know, I runne on shore, presently all sd then Goodwin being a maid went out to see, and sd she did come to say there a man killed or wounded, presently I goes in message that when Elizᵗ Honeywood came to Mr Libins, John Williams came with him, and desired him to give him his sword, Honeywood said he would not give it him but would breake it, and thereupon trod upon it with his foot and it not breaking he threw it on the ground and left it Judge What Time was this Mr Cannady about 8 or 9 of the Clock in the Evening Jury Had Hunt when he went to house any sword Mr Cannady No, but Tomp had who came in with him Judge You have heard Mr Cannady say, now you aske any Questions Priso No, I can say nothing against it Jury How many thrusts of sword did you make Mr Cannady Three thrust blowes for one, and wounded one, and sd Honeywood strucke one, to give Hunt to make friends with him Judge had they thrown stones to themselves and no body else at them Mr Cannady There was three bodies but severall of them usually came in behalfe which and drank it selfe Judge Have you or any of you any more Questions to aske this witness Jury No Then Tho Goodwin was Called and Sworne Judge Tho Goodwin Declare what you know of this matter to the Court and Jury Tho Goodwin Yesterday was seven nights between six and 7 of the Clock I came to Mr Sextons Neare unto Mr Cannady and sat downe, presently after Mr Sexton came in and told me that there was a Quarrell between Richᵈ Honeywood and Serjᵗ Hunt He sd no sooner told me but I heard a noise of swords clashing in the street hearing to the doore to see who made the noise | Anne Conner further declared that she saw Richard Honeywood coming with two swords in his hand. He placed one of his own into its scabbard and said to her that she should stand aside, as there was a man slain. When she asked who it was, he replied that he did not know. She stated that she then ran ashore, and shortly afterwards a maid named Goodwin went out and returned, reporting that a man had been killed or wounded. It was stated that when Elizabeth Honeywood came to Mr Libins’s house, John Williams was present and asked Honeywood to give him his sword. Honeywood refused, stating that he would break it instead. He then trod upon the sword, and when it did not break, he threw it to the ground and left it there. The judge asked at what time these events had occurred, and it was stated by Mr Cannady that it had been about eight or nine o’clock in the evening. The jury inquired whether Hunt had carried a sword when he went to the house, to which it was answered that he had not, although another man named Tomp, who came with him, had carried one. The prisoner was asked whether he had any questions or objections to this testimony, and he replied that he had nothing to say against it. The jury then asked how many thrusts had been made with the sword. Mr Cannady answered that there had been three thrusts for one blow, and that one man had been wounded, adding that Honeywood had struck one blow, apparently in an attempt to make peace with Hunt. Further questions were asked regarding whether stones had been thrown, and it was stated that several persons had been present and involved, although the details were unclear. No further questions were put to this witness. Thomas Goodwin was then called and sworn. He declared that on the previous week, between six and seven in the evening, he had gone near Mr Sexton’s house and sat down. Shortly afterwards, Mr Sexton came in and informed him that there was a quarrel between Richard Honeywood and Sergeant Hunt. He stated that almost immediately after hearing this, he heard the sound of swords clashing in the street and went to the door to see who was making the noise. Interpretations “Scabbard” referred to the sheath used for holding a sword when not in use. “Thrusts” referred to stabbing motions made with a sword, as opposed to striking blows. “Clashing of swords” indicated a physical fight involving edged weapons, suggesting a duel or violent altercation. “Sergeant” referred to a military rank, indicating that Hunt held a position of authority among the soldiers. Speculations Perhaps the detail that Honeywood carried two swords suggests preparation for violence or the involvement of multiple participants in the fight? It was probably the case that the destruction or attempted destruction of the sword was intended to remove evidence or demonstrate anger after the event? Perhaps the testimony indicating that Honeywood struck a blow “to make friends” reflects confusion among witnesses about whether the act was aggressive or an attempt at intervention? It was probably intended that the sequence of witnesses would build a clearer account of the quarrel escalating into fatal violence, even though some details remained inconsistent or uncertain? |
240 | 219 | I saw three men together but saw no Motion of them, but suddenly saw one man Dropp Downe and the other two walk away thereupon I went to see what was the matter, and heard Wᵐ ask Honeywood for his sword, and Honeywood said he would not give it him, but would break it, Going to see who was slain, Dead Barke[r] came out to me, and I heard Hunt was slain and wounded Imediatly I and Did Barke[r] acquainted the Governt therewith Jury Did you not see Hunt have a Sword Tho: Goodwin No, I saw no sword, it was darkeish Judge Did you see Honeywood and Hunt fight[in]g together Tho: G. No, I saw three men there but saw no fighting Judge Have you any Questions to ask this witness R. H. No, [...] Judge have you any questions to ask him Jury No, Then Deadalus Barker was Called and sworne D. B. Yesterday was seven night Mr Bomull came to our house and said to me what cannot we have a bowle of punch, I told no me without Money, he said to me he had halfe a Dollar that was never yet spent, which he gave me, and I went to Mr Cannady’s to fetch a Bottle of brandy, and going up stairs I found Serjt Honeywood Hunt, and Wᵐs together, Honeywood and Hunt were at high words, Hunt said he could and Honeywood said he could not, but what they meant I cannot tell While the bowle was a making I was tipping my Money in my hand w[he] Hunt being mad[e] soe af[ra]id me with Oaths Whether was a Quiver, said Mr I was never bred to that Trade in my Life Then I put the Money into my pocket for feare Hunt should strike it out of my hand, which I was then telling on the sid, Then Honeywood buckle on his belt and sword, after many high words, I did pass between him and Hunt, I heard Hunt & Wᵐs for the Key of his sea chest house, Wᵐ told him he had it | Thomas Goodwin declared that he had seen three men together but had not observed any movement at first. He then suddenly saw one man fall to the ground while the other two walked away. He went to see what had happened and heard William ask Honeywood for his sword, to which Honeywood replied that he would not give it but would break it. When he went to discover who had been struck, Daedalus Barker came to him, and it was reported that Hunt had been wounded and killed. The Governor was then informed of the event. When questioned by the jury, Goodwin stated that he had not seen Hunt with a sword and had not witnessed any fighting, noting that it had been somewhat dark. No further questions were asked. Daedalus Barker was then called and sworn. He declared that about a week earlier Mr Bonman had come to his house and asked for a bowl of punch. Barker had replied that none could be provided without payment, whereupon Bonman gave him half a dollar. Barker then went to Mr Cannady’s to obtain a bottle of brandy. Upon going upstairs, he found Sergeant Honeywood, Hunt, and William together, with Honeywood and Hunt engaged in heated argument. Hunt asserted one thing while Honeywood denied it, though Barker did not understand the subject of their dispute. While the punch was being prepared, Barker stated that he was counting his money when Hunt, in an agitated state, addressed him angrily with oaths. Barker replied that he had not been brought up to such behaviour and placed his money in his pocket for fear that Hunt might strike it from his hand. He further stated that Honeywood then fastened on his belt and sword. After continued heated words, Barker placed himself between Honeywood and Hunt. He then heard Hunt and William speaking about the key to a sea chest, with William stating that he had it. Interpretations “Darkeish” referred to dim or low light conditions, which could affect the reliability of observation. “Sea chest” referred to a personal storage chest used by sailors or soldiers for keeping belongings. “High words” referred to an argument or heated exchange. “Buckle on his belt and sword” indicated preparation for action, often suggesting readiness for a fight. Speculations Perhaps the inability of witnesses to clearly see events due to darkness contributed to uncertainty about who struck the fatal blow? It was probably the case that alcohol played a role in escalating tensions, as suggested by references to punch and brandy? Perhaps Barker’s attempt to stand between the men indicates that others present recognised the danger of the situation before violence occurred? It was probably intended that this testimony helped establish the immediate circumstances leading up to the confrontation, even though the exact sequence of actions remained unclear? |
241 | 220 | [...] Then said Hunt to Williams goe a Long with me and since I have given you the key, So they both went Downe together, and after the [...] was made I went Downe and then Came to me at the doore, and asked if I would Give him Some punch I said No, Did not Care to Give a man Drink to Spow in my house I [...] him the Drink to differ [...] and [...] the Doore, when I Came in then M r Samuell Did heare there would be some fighting between Sejt Hornwood and Sejt Hunt, after I Stanke [...] I Stept to the [...] entry to See if Hornwood and Hunt were Come out for I imagined they would fight but saw no Body, then Spying M r Samuell to Step up Stairs a Gaine to that Roome, and Did See Sejt Hunt and Sejt Hornwood together behinde the maine Doore Close [...] no noise, I was no sooner gone in againe, but I heard [...] Goodwin Immediately to see, and then presently to Hornwood Give me my Sword, Hornwood said he would [...] break it, and I say then [...] farewell, He did not a sword when hee saw him in Goodwins house Jury No, Q. H Are you Sure it was [...] that was with him, was it not Williams D. B I [...] was it was you heard the words Judge Have you any more to say to this matter R. H No, Judge Have you any more Questions to aske him Jury No, Then M r Sexton was Called and Sworne Judge M r Sexton how came you to know of the quarrell between Hunt & Hornwood, pray See to the Court and Jury M r Sexton I went to Beard then being M r Samuell Company after Came in [...] Beard [...] with a bowle of punch and Did he be there Hornwood and Hunt would fight, for he heard them quarrelling, I Stayed not long but went home, where I Came home I told that Goodwin what I heard att M r Beards Company was heard a noise, that Goodwin Stept to the Doore and saw three men, and one of them fall, and I went out and saw one [...] fallen being hornwood after it was said from M r Sextons and saw M r Samuell Hornwood and I heard M r Sexton say Sejt Hornwood had Done was in his own Defence [...] | Daedalus Barker continued his testimony, stating that Hunt had told William to go along with him after giving him the key, and the two went downstairs together. After the drink had been prepared, Barker went downstairs and was approached at the door by Hunt, who asked for some punch. Barker refused, stating that he did not wish to give drink to a man who would behave disorderly in his house, and he shut the door. He stated that he later heard that there might be fighting between Sergeant Honeywood and Sergeant Hunt. He went to the entry to see whether they had come out, expecting that they would fight, but saw no one. He then observed Mr Samuel going upstairs again, and he himself went up and saw Hunt and Honeywood together behind the main door, standing close, although he heard no noise. Shortly afterwards, he heard a disturbance and went to look, and then heard Honeywood being asked to give up his sword, to which Honeywood replied that he would break it. Parts of this account are unclear and have been represented as [...]. When questioned, Barker stated that he had not seen Hunt with a sword at that time. The prisoner asked whether it had indeed been him who was present, or whether it had been William, to which Barker replied that he believed it had been Honeywood. No further questions were asked. Mr Sexton was then called and sworn. He stated that he had been in the company of Mr Samuel at Mr Beard’s house, where a bowl of punch was present. He declared that it had been said there that Honeywood and Hunt would fight, as they had been heard quarrelling. He did not remain long and went home, where he informed Goodwin of what he had heard. He stated that a noise was then heard, and Goodwin went to the door and saw three men, one of whom fell. Sexton himself went out and saw a man fallen, believed to be Hunt. He further stated that it had been said that Honeywood had acted in his own defence, although parts of this testimony are not fully legible and have been represented as [...]. Interpretations “Spow” referred to disorderly or disruptive behaviour, often associated with drunkenness. “Entry” referred to a passage or doorway area within a house, from which people could observe movement in and out. “Own defence” referred to acting in self-defence, meaning that force was used in response to a perceived threat. “Bowl of punch” referred to a communal alcoholic drink, often shared among several people, which could contribute to social interaction and sometimes conflict. Speculations Perhaps the repeated references to drink and disorder suggest that alcohol played a central role in escalating the conflict between Honeywood and Hunt? It was probably the case that the expectation of a fight, expressed before it occurred, indicates that tensions had been building for some time? Perhaps the mention of self-defence reflects an early attempt to frame the incident in a way that might mitigate responsibility for the killing? It was probably intended that the combination of testimonies, though partly unclear, would allow the jury to reconstruct the sequence of events leading to the fatal encounter? |
242 | 221 | Judge Did you see nobody when you Came out of M r Sexton[s] house from Beard[s] Sexton [...] by M r Cannady[s] Doore Hunt and W m s Judge where did you see Hunt fall M r Sexton Betwixt Cannady[s] and Dunnings house Then Joseph Spicer was Called and Sworne Spicer Hunt Came to my Landlady Cannady[s] house and Called for a [...] of punch, He and Hornwood and W m s and S[...] drinking and [...] Dranke with, Hunt seemed much Enraged that the [...] Should Not Treat him with some [...] at the [...] but would tell another to him, afterwards I went over to the M r Di[...]s with [...] and there was no more of the matter Quarrelling till the accident was done : Judge Have you of the Jury any Questions to ask the witness Jury no, about no more of M r Beard[s] business or Question Judge ask him, Jury Will Spicer Come up in to hand you heard M r Sherwin should say that he heard Hornwood Sicke of Kicking him we would f[...] him what this was M r Beard [...] that M r Sherwin might be Sworne Judge Let us have what you know of the matter, you are now Desired the Court who is to be Sworne D. B. M r Mayst told me that Sherwin said, yt Hornwood Did to him that when he found his sword entered his sword by his master he threw it home R. H. Sherwin saith there are severall that have Come Report [...] by mine Enemies thereof Desire that the Evidence of the Story may Lay no weight upon such Reports, and Request that M r Sherwin may be Sworne Jury We shall goe according to Evidence, What say you to this [...] | Mr Sexton was questioned by the judge as to whether he had seen anyone when he came out of Mr Sexton’s house from Mr Beard’s. He stated that he had seen Hunt and William near Mr Cannady’s door. When asked where he had seen Hunt fall, he replied that it was between Cannady’s house and Dunning’s house. Joseph Spicer was then called and sworn. He declared that Hunt had come to his landlady Cannady’s house and called for a bowl of punch. Honeywood, Hunt, William, and others had been drinking together. Hunt appeared much enraged that he had not been treated as he expected, and that others had been served instead of him. Spicer stated that he later went to another house and that there was no further quarrelling observed until the incident occurred. The judge asked the jury whether they had any questions for the witness, and none were raised initially. The jury then referred to a statement attributed to Mr Sherwin, suggesting that Honeywood had struck or kicked Hunt, and they wished to clarify this matter. It was proposed that Mr Sherwin should be sworn as a witness. A statement was then given that Mr Mayst had reported that Sherwin had said that Honeywood had struck in such a way that when he found his sword engaged, he drove it forward with force, although parts of this account are unclear and have been represented as [...]. Richard Honeywood responded that several reports had been made by his enemies, and he requested that no weight be given to such hearsay. He asked that Mr Sherwin be formally sworn so that his evidence might be properly examined. The jury stated that they would proceed according to the evidence presented. Interpretations “Hearsay” referred to information reported by others rather than directly witnessed, often treated with caution in legal proceedings. “Landlady” referred to the person responsible for managing a lodging house or residence where others stayed. “Enraged” indicated a state of strong anger, suggesting heightened emotion that might contribute to conflict. “Engaged his sword” referred to a moment in combat when swords were locked or in close contact. Speculations Perhaps the emphasis on calling Sherwin as a sworn witness reflects concern about the reliability of second-hand reports in determining guilt? It was probably the case that disputes over being served or treated properly contributed to rising tensions among those present? Perhaps the reference to “enemies” suggests that personal rivalries within the community influenced both testimony and accusations? It was probably intended that the jury’s insistence on direct evidence demonstrates an attempt to follow established legal standards despite the informal setting? |
243 | 222 | Then Tho Sherwin was Called and Sworne Tho Sherwin When I was Impannelled on the Coroners Jury and Inquest to view the body of Sejt Hunt I went to Sejt Hornwood in the Prison I asked him how he Should Give Hunt Stiks for a wound, then Hornwood told me that Hunt made a pass at him, when he had it Done mak- ing water, so that he could hardly See it by reason of the time to Draw his Rapier, then Sherwin offered Hornwood him, and made another pass, thereupon said he Immediately Drew my Rapier, to Defend my Selfe, and Stabbing Dealt by his Sword he fell Downe upon the Point of my Rapier Then John Williams was Called & Sworne Capt Johnson If it please the Court I would Speake one word before that man speaks for to helpe his memory a little I can Remember when I was on the Inquest that man said he was not M r Williams, and that dispute was had before he Revised his speech Jn Williams Did not well remember then what was done being some in Drink Judge What Can you Remember now Jn Williams On Monday the 8 th of April last afternoon Sejt Hunt asked me to Fetch him a bowle of Punch, Hornwood was in Company with M r Cannady, when we were Drinking, Hunt told Hornwood that he had not order’d him to Pay at the House on Wednesday Hunt Expressed much Dislike to the Spow in severall Expressions which I Cannot now Remember, towards Evening Hunt asked for the Key of my Landladies house, which I gave him afterwards Hunt and I went Downe together, then Hunt Turned him about and took my Sword from my Side, I Immediately Stept into him to get my Sword againe, then he gave me a Cut over the head and threw me Downe I had being Recovered my Selfe when Hunt fell, then Hornwood took the Sword out of Hunts body and Kicked me a Spitefull Stroke to make a passage without giving no Notice, then Hornwood went away and I followed him towards M r Cannadys and Desired him to Give me my Sword, Horn- wood would have broken it, and then it was done he said But it did not breake, I being at M r Cannadys told M r Williams and M r Sexton that what Hornwood swore was in his owne Defence [...] | Thomas Sherwin was called and sworn. He declared that, when he had been impanelled on the coroner’s jury to examine the body of Sergeant Hunt, he had spoken with Richard Honeywood while he was in prison. He stated that he had asked Honeywood how he had given Hunt the wound, and Honeywood had replied that Hunt had made a thrust at him while he was relieving himself, so that he could scarcely see clearly at the moment he drew his rapier. It was further stated that Hunt had made another thrust, whereupon Honeywood had immediately drawn his rapier in self-defence, and in the encounter Hunt had fallen upon the point of Honeywood’s sword. John Williams was then called and sworn. Before he gave his evidence, Captain Joshua Johnson addressed the court, stating that when he had been present at the inquest, Williams had at first said that he was not the person in question, and that there had been some dispute before he altered his statement. John Williams then declared that he did not clearly remember all that had occurred, as he had been drinking at the time. When asked what he could now recall, he stated that on Monday, 8 April in the afternoon, Sergeant Hunt had asked him to fetch a bowl of punch, and that Honeywood had been present in company at Mr Cannady’s house. While they were drinking, Hunt told Honeywood that he had not ordered him to pay at the house on the previous Wednesday, and expressed dissatisfaction in several ways that Williams could no longer fully recall. Later in the evening, Hunt asked Williams for the key of his landlady’s house, which was given to him. They then went downstairs together. Williams stated that Hunt then turned and took his sword from his side. He attempted to recover it, but Hunt struck him on the head and threw him down. After he had recovered himself, Hunt fell. He stated that Honeywood then withdrew the sword from Hunt’s body and struck Williams in order to pass by without hindrance. Honeywood then went away, and Williams followed him towards Mr Cannady’s house, asking for the return of his sword. Honeywood refused to return the sword and attempted to break it, but was unable to do so. Williams stated that he later told Mr Williams and Mr Sexton that Honeywood had said that his actions had been in his own defence, although parts of this account are not fully legible and have been represented as [...]. Interpretations “Impanelled” referred to being formally selected and sworn to serve on a jury. “Coroner’s jury” referred to a group tasked with examining the cause of death, particularly in cases of sudden or suspicious death. “Rapier” referred to a long, slender sword used primarily for thrusting. “Relieving himself” referred to urinating, which in this context was used to explain the accused’s position and vulnerability at the moment of the attack. Speculations Perhaps the statement that Honeywood was attacked while in a vulnerable position was intended to strengthen a claim of self-defence? It was probably the case that conflicting accounts, especially from witnesses who had been drinking, made it difficult for the jury to establish a clear sequence of events? Perhaps Captain Johnson’s intervention suggests concern about the reliability or consistency of Williams’s testimony? It was probably intended that the repetition of the claim of self-defence across testimonies would influence how the jury interpreted the fatal encounter? |
244 | 223 | Then M r Gates was Called and Sworne M r Gates On the same day above mentioned I went to M r Cannady[s] with a bottle of medey, and going up the Stairs Hunt standing at y e doore, he Horny- wood Coming up Downe Stairs Hunt mett him neere the topp of the Stairs, but Hornywood Came downe and went out, presently after hunt Came downe to W m s and they went out, I stayed a while in M r Cannadys for she was Going to M r Elkins which way they went I know not, they Hornywood stood with his face against Dunnings house as if [...] making water and Hunt stood between Dunnings and G[...][...], there went to stop me Desire him to get Elkin, then said Hunt to me [...], you have stole a Damn d Whisk as you use Jury had Hunt any sword when you saw him M r Gates Doe not know, if he had I saw none. Then M r Elkin was Called and Sworne M r Elkin When M r Cannady Came to my house, not long after we heard a Clashing of swords, Whereupon after Sej t Hornywood Came thither with two swords, the one he gave up in his scabbard the other he went to breake, as soon as he Came in he said M r Elkin Hunt is slain, he asked for a boule of [...], and I [...] up Stairs Desiring me to [...][...] his sword for him, but when he Came into my house, Williams Came in with him and said that Hornywood had done was in his own Defence, then M r Sexton and I told him take no notice what W m s said Judge You have heard what the witnesses say will you aske any of them any Questions R. Hornywood No, Judge Have you any witnesses S. Hornywood No, Except W m s he was there all the time and best knows Judge Let us heare what you Can say for your Selfe S. Hornywood Hunt Came to my Landlady[s] house M r Cannady[s] house and asked me to [...] with him for a bottle of punch, and one [...] morning I well not give in my Landlady[s] house for she was to[o] [...] many of us, then [...] Hunt [...][...] to give [...] | Mr Gates was called and sworn. He declared that on the same day he had gone to Mr Cannady’s house with a bottle of mead. Upon going upstairs, he saw Hunt standing at the door. Honeywood came down the stairs, and Hunt met him near the top, although Honeywood continued down and went outside. Shortly afterwards, Hunt also came down to William, and they both went out. Gates remained in the house for a time, as Cannady was preparing to go to Mr Elkin’s house. He stated that he later saw Honeywood standing with his face against Dunning’s house, as if relieving himself, while Hunt stood nearby. He did not know which direction they had come from. When questioned by the jury, he stated that he did not know whether Hunt had a sword, as he had not seen one. Mr Elkin was then called and sworn. He declared that when Cannady came to his house, they soon heard the sound of swords clashing. Shortly afterwards, Honeywood came to his house carrying two swords, placing one in its scabbard and attempting to break the other. Upon entering, Honeywood stated that Hunt had been slain. He asked for a bowl of [...], and requested assistance regarding his sword, although part of this account is unclear and has been represented as [...]. Elkin further stated that when Honeywood entered his house, John Williams came with him and said that Honeywood had acted in his own defence. Elkin and Mr Sexton advised that no notice should be taken of what Williams had said. The judge then asked Honeywood whether he wished to question any of the witnesses, to which he replied that he did not. He was then asked whether he had any witnesses of his own. Honeywood stated that he had none, except that William had been present throughout and would know the matter best. The judge then invited Honeywood to speak in his own defence. Honeywood stated that Hunt had come to his landlady’s house, that of Mr Cannady, and had asked him to join him for a bottle of punch. He stated that he had been unwilling to provide drink in his landlady’s house, as there were already many people present, although parts of his account are unclear and have been represented as [...]. Interpretations “Mead” referred to an alcoholic drink made from fermented honey and water. “Clashing of swords” indicated a physical fight involving bladed weapons. “Slain” referred to being killed, often used in formal or dramatic descriptions of death. “Scabbard” referred to the sheath used to hold a sword. Speculations Perhaps the repeated mention of Honeywood carrying two swords suggests that control of weapons during the altercation was an important issue in determining responsibility? It was probably the case that the witnesses’ inability to confirm whether Hunt carried a sword complicated claims of self-defence? Perhaps the advice given by Elkin and Sexton to disregard Williams’s statement indicates doubts about its reliability? It was probably intended that Honeywood’s own statement would provide the jury with an opportunity to assess his credibility directly, especially in the absence of supporting witnesses? |
245 | 224 | Give you a bottle of Drink which he did M r Wright not be Came and Came unwillingly into it John Williams Came in the hunt, and was with us all the while, Hunt seemed to rayle about the Gowin sending him to the Widds to stay for and he says he will send to me Speaking after a hish Ruffian way and swearing often God Damn me, I sharp say to, will God if [...] you did or his affaires man [...] as I did what Mr Allen whome he sends it with, for when manis Don[e] not there Ruffians, but W y man[d] yo[u] [...][...] and be- h[u]e to go: tru[...], god Damn me if I see by this time an bowle of Drink was out, and My Landlady made one for W m s, then Hunt in his roaring humour offer[d] [...] Muck upon the good stand; as if he favoured M r Brown against him, and swore Desperately, my Landlady hearing he made him hold his hand, said the Gow was in the Market house had his hand wood over head him; then said I pray the M[a]n[...] be quiet and be c[...] and damning the Gow, then said I the Gow will have stay to Hunt I Dont Give you my Gow to ea[s] upon if you will No, P[...][...] Manus you Cant say to say I se have felt [...] things, said Hunt if You did Did Not Care for, by god I[l]e see him before I Goo up off Litt[...]. For said Hunt to me, Did you know you gave me a Drink in this same houe it is and shewed it me but says he I would not have you spend one, not say- I, you Never had one manis of it, Did you; No says he but I Never you sound no [...][...] you be affride of [...] for W[...] Sowe if you are affd a Shir[...], says I Mannis grown der What make you talk of those things you never had men- tion it, This Boule of Drink [...] out and I being then In this humour, I Did earnestly to M[...][...] it and shewed him as much as I could to be Pacificed and bid My Landy- made me a Boule of punch for to Give Hunt to be friend with him, which we were drinking the same Hunt | Richard Honeywood, continuing his defence, stated that Hunt had asked him to join him for a bottle of drink, which was provided. He stated that Mr Wright had been unwilling to join them, and that John Williams had come in and remained with them throughout. Honeywood described Hunt as speaking in a loud and disorderly manner, complaining about being sent to the widow’s house to wait, and using profane language. He stated that Hunt spoke aggressively, swearing repeatedly and behaving in a rough and unruly way. Honeywood replied to him, attempting to calm the situation, and referred to the Governor, stating that such behaviour would be heard and noted, as the Governor was nearby in the market house. Honeywood said that he urged Hunt to be quiet and not to offend the Governor, but Hunt continued to speak defiantly and with anger. Honeywood further stated that Hunt referred to a previous incident in which he claimed to have been given a wound, showing it to him. Honeywood denied responsibility for that injury. The dispute continued, with Hunt speaking in an agitated manner and making accusations, while Honeywood attempted to discourage further argument. He stated that, as the situation worsened, he sought to make peace and asked that a bowl of punch be prepared in order to reconcile with Hunt. He stated that he showed as much willingness as possible to calm him and offered the drink so that they might be reconciled. He stated that they then drank together, although the remainder of this account is not fully legible and has been represented as [...]. Interpretations “Railing” referred to speaking in an angry, abusive, or insulting manner. “Pacified” referred to being calmed or made peaceful after anger or conflict. “Roaring humour” referred to a loud, aggressive, or disorderly state of behaviour, often associated with intoxication. “Profane language” referred to swearing or the use of irreverent expressions invoking religious terms. Speculations Perhaps Honeywood’s emphasis on his attempts to calm Hunt and offer reconciliation was intended to support his claim of acting in self-defence? It was probably the case that the repeated references to swearing and disorderly conduct were used to portray Hunt as the aggressor in the conflict? Perhaps the mention of the Governor’s presence suggests that behaviour in public spaces was closely monitored and could influence later judgement? It was probably intended that this account would demonstrate that the violence arose from escalating tension rather than premeditated intent? |
246 | 225 | fell into Discourse againe of the Gowin and swore by god he would make the Gowin come off for taking M r Browns part against him, said I this Manner what makes you take to, Im sure when on the Gowin when M r Brown was in the house, and on the Stayers with the Gow: but Hunt continued Cursing the Gow some Considerable time untill my Landlady went up Stayers, and Did aske for a bowle of punch, when she brought same up to the out of my house and set Downe on the bed (now whether that my Sword of before, or but it on then as said before I Cannot Justifye, but I never or any Sleeme go out of the Doore that I saw my Sword a being a Sword of my Landy Which put me in the House to goe over to M r Elkins that I would goe, Hunt asked Williams for the key of his Landladys house W m s said he had it, then Hunt and W m s went Downe, The punch being made for M r Brown was Downe with it, then I went Downe to goe to M r Elkins, going Downe I mett Hunt on the Stayers, but went Downe and leaved up Stayed to M r Cannadys house againe to make water, and then [...] to go to M r Elkins as soon as I had done, as I went a bout when I had done, I say Hunt with a Drawne sword to make a [...] at me, and [...] he seemed to put his sword at it for my Sword was not Drawne, but Hunt Retreated Back to make a second assaulting, then being him Going towards me without my Sword to Defend my Selfe but he following [...] his past then [...] and fell upon the Point of my Rapier, for I would not pass at him, but he fell upon the point of it him selfe, this is Truth as I shall answer it before god I know not that he was killed when he fell, I took the sword out of his body and said Man what you are a busy piece Spare to me; but as me before I had warning of it, I Immediately went to M r Elkins and W m s with me, W m s asked me for his sword I told him I would break it and Drew it and my foot but it would not break, In my way going to M r Elkins I heard that Goodwin lay there with a spear killed, at which I was affrighted with some in hand hastily there came [...] | Richard Honeywood continued his defence, stating that Hunt again fell into discourse about the Governor and swore that he would cause the Governor to withdraw his support for Mr Brown. Honeywood replied that there was no reason for such accusations, noting that the Governor had been present with Mr Brown previously. Hunt nevertheless continued cursing the Governor for some time. Honeywood stated that his landlady then went upstairs and brought a bowl of punch, which was set down on the bed. He declared that he could not clearly recall whether he had his sword with him at that moment or had taken it up then, but he maintained that he did not leave the house without his sword, which belonged to his landlady. He stated that he intended to go to Mr Elkin’s house. At that time, Hunt asked William for the key of his landlady’s house, and William replied that he had it. Hunt and William then went downstairs. After the punch had been prepared, Honeywood also went downstairs, intending to go to Mr Elkin’s. As he descended, he met Hunt on the stairs but continued down and went outside. He then returned briefly to Cannady’s house to relieve himself before proceeding. Honeywood stated that, as he was going about, he saw Hunt with a drawn sword making a thrust at him. He declared that his own sword was not yet drawn at that moment. He stated that Hunt then withdrew slightly and advanced again to make a second attack. Honeywood stated that he then drew his rapier in order to defend himself. He asserted that he did not strike at Hunt, but that Hunt fell upon the point of his rapier. He declared that this was the truth as he would answer before God, and that he did not know Hunt had been killed when he fell. He stated that he then withdrew the sword from Hunt’s body and spoke to him, although the words are not entirely clear. He then went immediately to Mr Elkin’s house, with William accompanying him. William asked for his sword, but Honeywood refused and attempted to break it by placing it under his foot, although he was unable to do so. While on his way to Mr Elkin’s house, he stated that he heard that Goodwin had been killed with a spear, which caused him alarm, although this part of the account is not fully legible and has been represented as [...]. Interpretations “Drawn sword” referred to a weapon that had been unsheathed and was ready for use in combat. “Rapier” referred to a long, narrow sword designed for thrusting, commonly used in personal combat. “Making water” referred to urinating, often mentioned in testimony to describe a person’s position or vulnerability. “Fall upon the point” was an expression indicating that a person had impaled themselves on a weapon, often used in claims of self-defence. Speculations Perhaps Honeywood’s repeated insistence that he did not strike the fatal blow but that Hunt fell onto the sword was intended to avoid a charge of intentional killing? It was probably the case that uncertainty about whether Honeywood’s sword was drawn before the encounter could have been significant in determining whether the act was defensive or aggressive? Perhaps the confusion introduced by the report of another killing reflects the chaotic nature of events and the difficulty of establishing a clear narrative? It was probably intended that Honeywood’s sworn declaration of truth before God would strengthen his credibility in the absence of supporting witnesses? |
247 | 226 | then, or wounded I Cannot tell which but I was, Did he speak or wounded, then M r M a[s][t][e]r what I had done was in my owne Defence, which I Desired M r Elkin and M r Sexton to take Notis of I went up into M r Elkins Chamber and Called for a boule of beere, and Desired to have my Sword there, then I heard that Hunt was dead and layd into my Landadys Backroome, I went to see him and tooke him by the hand Saying M[a]nnus I am Sorry for thee, this was the owne of [...] and none of mine, then I heard after, i was Come with a Guard for me I imediately Surrendered my Selfe to him, this is nothing but the truth as I have a Soule to be Saved Judge Have You any more to say R H No, if there be is the very truth as god shall be my judge Judge Then Gentlemen of the Jury it is Time to withdraw you have heard what the witnesses have said, and what the Prisoner hath said for himselfe, I need not Re- =peat it, yo[u]r memories are better than mine there are Circum[...][...] you to Remember Considerable that Hunt being asleep drunk might in making his hand rush face upon Hornywoods sword, You have heard what the witnesses have said, and the law Direct you that you may hinge in any thing Judicial Then the Jury withdrew and Sent for [...] the words mistake a[n]d judgeing was sent, and after halfe an houre they returned and cried a [...]dilly C. Pears You Gentlemen of the Jury answer to your Names if [...]by C H Are you all a Greed of a Verdict Jury Yea C H who shall Speak for you Jury the foreman. | Richard Honeywood continued, stating that he could not tell whether Hunt had been killed or only wounded at first. He declared that he had stated to Mr Elkin and Mr Sexton that what he had done was in his own defence, and had asked them to take notice of this. He said that he then went upstairs into Mr Elkin’s chamber, called for a bowl of beer, and asked for his sword to be brought to him. He stated that he later heard that Hunt was dead and had been laid in his landlady’s back room. He went to see him and took him by the hand, expressing sorrow and saying that the act had not been intended by him. He further stated that, when he heard that a guard had come for him, he immediately surrendered himself, declaring that his account was the truth as he hoped for the salvation of his soul. When asked by the judge whether he had anything further to say, Honeywood replied that he had not, and affirmed again that his statement was true. The judge then addressed the jury, stating that they had heard the evidence of the witnesses and the defence given by the prisoner. He said that he would not repeat it, trusting their memory. He directed them to consider the circumstances, including the possibility that Hunt, being drunk, might have rushed forward and fallen upon Honeywood’s sword. He reminded them that the law would guide their judgement in reaching a decision. The jury then withdrew to deliberate. After some time, they returned and were called to answer. They confirmed that they were agreed upon a verdict and that their foreman would speak on their behalf. Interpretations “Own defence” referred to the claim that actions were taken to protect oneself from harm rather than to initiate violence. “Surrendered myself” referred to voluntarily submitting to custody without resistance. “Guard” referred to those appointed to take a person into custody and ensure security. “Foreman” referred to the juror chosen to speak for the group and deliver the verdict. Speculations Perhaps Honeywood’s expression of remorse and immediate surrender were intended to influence the jury towards a more lenient interpretation of his actions? It was probably the case that the judge’s suggestion that Hunt might have fallen onto the sword indicates that the court was open to accepting a version of events consistent with self-defence? Perhaps the emphasis on Hunt’s drunkenness reflects its perceived importance in explaining his behaviour and the circumstances of the encounter? It was probably intended that the structured deliberation of the jury would lend authority and legitimacy to the final verdict, even in a small colonial setting? |
248 | 227 | C B See [th]e H[ornywood] to the Barr Judge You Gentlemen of the Jury looke upon the Prisoner at the Barr, Do you find him guilty of the Indictment or not Guilty Foreman Guilty Judge Guilty of what Jury Guilty of manslaughter, in his owne Defence C B Did you say so all foreman No, C B You Gentlemen of the Jury harken to the Verdict as the Court hath recorded it. That Sej t Hornywood is Guilty of manslaughter on[ly] =endo, to say, Is the foreman so say you all Jury yea yea, all Judge You gent n of the Jury I thanke You for the Service you have done the King and the Country, I told you at an Convenable time that if the Jury had found the Prisoner Guilty of murder, I should not have bin obliged to have Confirmed the Sentence of Death upon him according to Law Then the Court adjourned the Same untill the next Summons; there are four is Summond, three Good and Councell sent for Sej t Hornywood and after Severall admonishments he was discharged. | The prisoner, Richard Honeywood, was brought again to the bar. The judge addressed the jury and asked whether they found him guilty of the indictment or not guilty. The foreman replied that he was guilty. The judge then asked of what offence he was guilty, and it was answered that he was guilty of manslaughter in his own defence. The court clerk asked whether all the jury agreed, and the foreman at first replied that they did not. The verdict was then formally recorded as that Honeywood was guilty of manslaughter only. The jury were asked again whether this was their unanimous verdict, and they all agreed. The judge thanked the jury for their service to the King and the country. He stated that, had the jury found the prisoner guilty of murder, he would not have been obliged to confirm a sentence of death according to the law, implying that discretion might have been exercised. The court was then adjourned until the next summons. Honeywood was later brought before the court again, and after receiving several admonishments, he was discharged. Interpretations “Manslaughter” referred to the unlawful killing of a person without the intent required for murder, often involving mitigating circumstances such as provocation or self-defence. “Prisoner at the bar” referred to the accused standing before the court to hear judgement. “Admonishments” referred to formal warnings or reprimands given by the court. “Discharged” referred to being released from custody without further punishment. Speculations Perhaps the qualification of manslaughter “in his own defence” reflects an attempt to reconcile conflicting evidence while avoiding the severity of a murder conviction? It was probably the case that the judge’s statement about not being obliged to impose the death penalty indicates flexibility in applying English law in a colonial context? Perhaps the initial uncertainty among the jury before agreeing on the final verdict suggests some disagreement or difficulty in interpreting the evidence? It was probably intended that the final discharge, following admonishment, balanced the need for justice with the practical realities of maintaining order in a small settlement? |
249 | 228 | Island of Helena The tryall of John Miller sold r at a Sessions hold the 29 t h of June 1687 Att the Sessions house Coram S r John Blackmore Gov r & Judge Cap t Gregory Feild C o Mat[t] Ffox - - Assistants M r Tho: G[y][f]fe - Proclamation was made for all p[er]son[s] warned to Draw nigh and give their attendance. Then the Judges Comand John Miller Prison r to be brought into the Court, and on the same time he Did read the occasion of the Sessions how it was for the tryall of one John Miller sold r for being of this at Spire another sold r and advised the Jury that should be of the Jury to be very Serious in observing what the people witness[...], and giving up to them the knowledge of the Crime with more honor to that purpose The Prison r Being Come Judge - Set the Prison r to the Barr which was done C Pears John Miller hold up thy hand; where did and the Indict- =ment was Read as followeth Jo: Miller John Miller thou standest here Indicted by the Name of John Miller sold r in the Service and pay of the East India Company of English Merchants tradeing to the East Indies and now being of this Island St Helena by his Maj[es]- [...] Royall Charter for not haveing the feare of God before thine Eyes that didst on Tuesday the 21 of this Instant June in Grapes vall[e]y Maliciously feloniously and violently assault, wound and Kill w th Rapier [...] | At a session held on 29 June 1687 at the Sessions House on St Helena, proceedings were conducted for the trial of John Miller, a soldier. Sir John Blackmore served as Governor and Judge, assisted by Captain Gregory Field, Mr Matthew Fox, and Mr Thomas Gyffe. A proclamation was made requiring all persons summoned to attend and give their presence. The judges then ordered that John Miller be brought before the court. The purpose of the session was declared to be the trial of Miller for being involved in the killing of another soldier. The jury was advised to act with seriousness, carefully observing the evidence and considering the nature of the crime. The prisoner was brought forward and placed at the bar. He was instructed to hold up his hand, and the indictment was read. John Miller, described as a soldier in the service and pay of the East India Company on the island of St Helena, was charged with having, on Tuesday 21 June of that year, in a place referred to as Grapes Valley, maliciously and feloniously assaulted, wounded, and killed another man using a rapier. The charge was stated to have been committed without regard to the fear of God and contrary to the authority established under the royal charter, although parts of the indictment are not fully legible and have been represented as [...]. Interpretations “Sessions House” referred to a building where periodic court sessions were held. “Proclamation” referred to a formal public announcement requiring attendance or attention. “Indictment” referred to a formal accusation stating the crime with which the accused was charged. “Rapier” referred to a long, pointed sword used for thrusting. Speculations Perhaps the reference to “Grapes Valley” indicates a named location on the island associated with settlement or cultivation? It was probably the case that the formal language of the indictment reflects the continued use of English legal traditions in a colonial environment? Perhaps the emphasis on the “fear of God” reflects the moral as well as legal framing of violent crime during this period? It was probably intended that the structured opening of the trial would reinforce the authority of the court and the seriousness of the proceedings? |
250 | 229 | Charles Spines then sold r in the Hono[urab]le Comp[a]s Service and pay Contrary to the Laws of our Sovereigne Lord the King, and the Laws and Constitutions of the said Hon[ora]ble Comp[a] for the good Governm t of the said Island, C P John Miller what sayst thou Guilty or Not Guilty Prison Not Guilty C P How wilt thou be tryed Pris[o]n[e]r By god and the Country Judge God send thee a good Deliverance, Call over those that have bin warned to be of the Jury and if the prisoner except [...] who may do it C P John Miller thou hast bin Indicted for maliciously feloni- =ously Killing Charles Spines as unto which Indictm[en]t thou hast pleaded Not Guilty, and hast put thy Selfe to [...] to be tryed by god and the Country, if therefore thou hast any thing to Object against any of these that are to be Called to be of the Jury thou mayst do it when they are Named or when they Come to warned C P You that have bin warned to be one of the Jury have this day answer to your Names, and Listen to your for them Michele Mauris free Planter. Cyon 1 And[re] Brictlyp[s] Jer: 2 W m Borman free Planter 3 [...] Wa[...][...] Sej t 4 Henry Cales free plant r 5 Henry Jackson Sej t 6 Tho: Bloo[m] free Plant r 7 John Field Corp ll 8 Tho: Wa[...][...] freeplant r 9 John Wi[...][...] sold o 10 Ja: + Cha: [C]nwo[r]th free plant 11 Matthew Howe sold o 12 | It was stated in the indictment that the person killed was Charles Spines, a soldier in the service and pay of the Honourable Company, and that the act had been committed contrary to the laws of the King and the regulations established for the governance of the island. John Miller was then asked how he answered to the charge, and he replied that he was not guilty. He was asked by whom he wished to be tried, and he answered that he would be tried by God and the country. A formal response was given wishing that he might receive a fair deliverance. The judge ordered that those who had been summoned to serve as jurors be called, and it was stated that the prisoner might object to any of them when named. The charge against Miller, that he had maliciously and feloniously killed Charles Spines, was restated, and it was noted that he had pleaded not guilty and submitted himself to trial by jury. Those who had been summoned as jurors were then called to answer to their names. The jurors included Michele Mauris, a free planter, Andrew Bricklips, William Borman, Henry Cales, Henry Jackson, Thomas Bloom, John Field, Thomas [...], John [...], James and Charles [...], and Matthew Howe, with some names and details not fully legible and represented as [...]. They included individuals described as free planters, soldiers, and a corporal. Interpretations “Free planter” referred to a settler who held or worked land independently rather than serving under contract. “Corporal” referred to a junior non-commissioned military rank. “Warned” referred to being formally summoned or called to serve on a jury. “Contrary to the laws” indicated that the act was in violation of both royal authority and Company regulations. Speculations Perhaps the inclusion of both civilians and soldiers on the jury reflects the mixed composition of the island’s population? It was probably the case that allowing the prisoner to object to jurors was intended to ensure fairness in a small community where many individuals were known to each other? Perhaps the formal repetition of the charge emphasised the seriousness of the offence and ensured that the jury clearly understood the accusation? It was probably intended that assembling a jury from different roles within the settlement would lend legitimacy to the proceedings? |
251 | 230 | Michele Mauris was appointed foreman. Judge John Miller dost thou Object ag[...][...] any thing or Exept Against any of these [...] here Prison I Make no objection ag[...] any of them Judge Sweare the foreman Which was done as followeth You shall well and truly try and true Deliverance make between our Soveraigne Lord the King and the Prisoner stand- ing on the one part and John Miller on the other part without feare favour or affection according to yo[ur] Evidence and the best of y[ou]r Skill Knowledge and Judgement, So helpe You God and the Contents of this Booke The rest of the Jury were also sworne as followeth The same oath that the foreman hath taken You and Every one of You Shall well and truly observe and keepe so helpe you God and the Contents of this Booke Then the Indictment was read againe Judge Cee the Witnesses one by one and Sweare them as they Come to be Examined Cent Pearce Cee Matthew Bonney Chirurgeon {Which appeared & was sworne Bonney This Deponent saith that the wound which the de- ceased Spines did Receive in his Body by a Rapier was the [...] and if it did not wound through his Diaphrag- ma and Stomack and was the Certaine Cause of his Death, that the wound was about 2 or 3 Inches above his Navel, and if it had not happened against one of the Ribs it had runn through him, Cee Hen: Manning Chirurgeon {Who appeared & was sworne Manning This Deponent saith the very same w th M r Bonney without any Variation or Alteration. Judge John Miller You have heard what these Witnesses have Evidenced on theire Oaths, if you have any objection to make ag[...][...] or what they have said, you have liberty to do it. | Michele Mauris was appointed as foreman of the jury. John Miller was asked whether he objected to any of the jurors, and he stated that he made no objection. The foreman was then sworn, being charged to try the case faithfully between the Crown and the prisoner, and to deliver a true verdict without fear, favour, or bias, according to the evidence and his best judgement. The remaining jurors were sworn in the same manner, each undertaking to observe and keep the same oath. The indictment against John Miller was then read again. The court ordered that the witnesses be called one by one and sworn before giving evidence. Matthew Bonney, a surgeon, appeared and was sworn. He declared that the wound received by the deceased, Charles Spines, had been inflicted by a rapier and had penetrated the body in such a manner that it passed through the diaphragm and stomach. He stated that this wound was the certain cause of death, and that it had been located about two or three inches above the navel. He added that, had the wound not struck against a rib, it would have passed entirely through the body. Henry Manning, also a surgeon, was then called and sworn. He gave evidence identical to that of Bonney, confirming without variation that the wound described had caused the death of Spines. The judge then addressed John Miller, stating that he had heard the testimony given under oath and that he had the opportunity to object to it or respond if he wished. Interpretations “Chirurgeon” referred to a surgeon, a practitioner of medical treatment, especially involving wounds and operations. “Diaphragm” referred to the muscle separating the chest from the abdomen, essential for breathing. “Navel” referred to the central point of the abdomen, marking the former attachment of the umbilical cord. “Deponent” referred to a person giving sworn testimony in court. Speculations Perhaps the detailed medical testimony was intended to establish beyond doubt that the death resulted directly from the wound rather than from later complications? It was probably the case that the agreement between two surgeons strengthened the credibility of the evidence presented to the jury? Perhaps the description of the wound’s severity indicates that little doubt existed about the lethality of the injury, focusing the trial more on responsibility than on cause of death? It was probably intended that allowing the prisoner to respond immediately after such testimony upheld the appearance of fairness in the proceedings? |
252 | 231 | Prison[er] I have Nothing to Object against them or what they have said, but am sorry that the wound should be the Cause of the sd Spines his Death, but he Came upon my Sword and I Could not help it. Judge If you have any Questions to aske these witness[es] You m[a]y Pris[oner] No, I have Nothing to aske them Judge Call another witness from time C P Call Andr[ew] Carter who was Sworne. This Depon[en]t saith that the Night that Charles Sp[ines] was wounded about 7 or 8 of the Clock he was at his M[aste]rs Sherwins house, and hearing a Noise without he went forth to the window [...], and he saith he saw [...][...] Leaning on the Miller sold[ie]r[s], and James Hall sold[ie]r who was there, that there was a sword Drawne and [...][...] Robe[rt] takes hold of it, which he did, and [...] it out of the said Miller[‘]s hand further he saith that the Same time he heard the said Miller [...][...] James he would kill the said Spines and had the said [...] say that Miller had given him his Death wound and further he saith that when he had taken the sword from the sd Miller hold[ing] under the sd Miller downe with the bummie of the bed one of the [...][...] have any thing in his hand, and further he saith N[ot] Judge Miller You have heard the Witnesse and you may aske him any Questions Prison I have no Questions to aske him Judge Cee another witness and [...] him C P Rob t Goodwin Come into the Court, who appeared [and was] sworne. Goodwin This Deponent saith he in the after Noone attai[...]- [...] of the day before the Deceas[ed] was wounded [...] | John Miller stated that he had no objection to the surgeons’ evidence, but expressed regret that the wound had caused Charles Spines’s death. He maintained that Spines had come upon his sword and that he could not prevent it. He was asked whether he wished to question the witnesses, and he replied that he had no questions. Andrew Carter was then called and sworn. He declared that on the night when Spines was wounded, at about seven or eight in the evening, he had been at his master Sherwin’s house. Hearing a noise outside, he went to the window and observed events below, although part of his account is unclear and has been represented as [...]. He stated that he saw Spines leaning upon Miller and another soldier, James Hall. He further stated that a sword had been drawn and that Robert [...] had taken hold of it and removed it from Miller’s hand. He declared that he heard Miller say that he would kill Spines, and that it was said that Miller had given Spines his fatal wound. Carter further stated that, after the sword had been taken from Miller, he was held down upon a bed, although parts of this account are unclear. He added that he did not observe whether Spines had anything in his hand at that time. Miller was asked whether he wished to question this witness, and he replied that he had no questions. Robert Goodwin was then called and sworn. He began to give evidence concerning events on the afternoon before Spines was wounded, although part of this testimony is not fully legible and has been represented as [...]. Interpretations “Deponent” referred to a person giving sworn testimony in court. “Drawn sword” referred to a weapon that had been unsheathed and was ready for use. “Fatal wound” referred to an injury that directly caused death. “Leaning upon” suggested that a person was being supported or restrained by others. Speculations Perhaps Miller’s statement that Spines “came upon” the sword reflects a continued reliance on a defence similar to that of accidental or defensive killing? It was probably the case that Carter’s testimony, including the reported threat, could have been significant in suggesting intent rather than accident? Perhaps the lack of questioning by the prisoner indicates either acceptance of the testimony or inability to challenge it effectively? It was probably intended that multiple witnesses describing the same event would allow the jury to form a clearer understanding of what had occurred, despite gaps in the record? |
253 | 232 | he saw the said Spines Running after the said Miller with a Drawne sword Advising the said Miller towards Stairs with his sword, whereupon the said Miller [...] [...] Robt Goodwin to stop the said Spines, which he did and Prison went his way and Spines followed Back further this Depon[en]t saith, that as he was going downe towards the fort (in the meane time the said Spines was Going Downe by the Compass[ion]s house) he mett a man Coming from the fort, and it being Darke, this Depon[en]t ask[e]d who was there, Miller answered it was John Miller, then Spines being on the other side of the way and hearing that Miller was there, Came over to them, and ask[e]d the Depon[en]t which way the said Miller was Gone, who Answered, that he was Come up towards Governors house and Sp[ine]s followed the Depon[en]t and Spines bad, but by the whilst this way he lived that he find the fellow for the sd Miller. Never the less this Depon[en]t kept on his way to- =wards the fort, where shortly after he heard that Spines was wounded, but this Depon[en]t saith that after the sd Miller had bin in prison about halfe an houre, he heard the said Miller to Sweare by God yt he had not killed him the sd Spines he would kill him, and further saith Not, Judge John Miller You have heard this Evidence upon his Oath; do You Except any thing against or what he saith Prison I Cannot Except against any thing that he hath spoken. but Dont not Remember that I spoke those words in Prison, which he hath mentioned Judge Have You any Questions to ask him Prison No, Judge Call another witness and sweare him. | Robert Goodwin continued his testimony, stating that he had seen Charles Spines running after John Miller with a drawn sword, urging him towards the stairs while holding his weapon. It was stated that Miller then called upon Goodwin to stop Spines, which he did, and that Miller went away while Spines turned back. Goodwin further declared that, as he was going down towards the fort, while Spines was proceeding by the Compassions house, he encountered a man coming from the fort. In the darkness he asked who it was, and was told that it was John Miller. Spines, being on the other side of the way, heard this and came over, asking which direction Miller had taken. Goodwin answered that Miller had gone towards the Governor’s house, and Spines followed in that direction. It was further stated that Spines spoke angrily and declared that he would find Miller while he remained alive. Goodwin continued on his way towards the fort, and shortly afterwards heard that Spines had been wounded. Goodwin also declared that, after Miller had been in prison for about half an hour, he had heard him swear that, if he had not already killed Spines, he would do so. He stated that he had nothing further to add. John Miller was asked whether he objected to this evidence, and he replied that he did not object to what had been said, but did not remember having spoken the words attributed to him in prison. He was then asked whether he had any questions for the witness, and he replied that he had none. Interpretations “Drawn sword” referred to a weapon that had been unsheathed and was ready for combat. “Compassions house” likely referred to a named location or building on the island, possibly associated with a particular individual or function, though its exact meaning is unclear. “Except” referred to raising an objection or challenge to testimony in court. Speculations Perhaps the account of Spines pursuing Miller with a drawn sword was significant in supporting a claim that Miller acted in self-defence? It was probably the case that the alleged statement made in prison could have been used to suggest intent or hostility, even if denied by the prisoner? Perhaps the confusion of movements in the dark contributed to uncertainty in the sequence of events and the reliability of witness observations? It was probably intended that Goodwin’s testimony provided both context before the incident and statements made after, allowing the jury to assess both behaviour and possible intent? |
254 | 233 | C P James Hall appeare in Court Which he did and was Sworne. Hall This Depon t saith that he being in his Landlady Sherwins house heard a Great Noise without whereupon he went out to see the matter, and then see the sd Spines Leaning upon the said Spines sword, and heard him the sd Spines say for God sake Somebody take hold of this Miller for he hath given me my Death wound, upon which this Depon t took hold of the sd Miller who had a Sword Naked in his hand, whereat the words these One Rob t Jones came to the sd Depon t from the sd Miller, and this Depon t threw him downe; then hearing a Great Noise behind him (and it being Darke) this Deponent Stayd to see what was the matter, seeing that Somebody had bin Quarreling with the sd Depon t but finding a way he Returned to look for the sd Miller but he was gone up the Hill, and further he saith Not Judge Miller have You any thing to say to this witness Prison No but that the sd Spines followed me, and what did was in my owne Defence Judge Call another witness C P Rob t Padman Come into the Court, Which he did and was Sworne This Deponent saith that he heard Charles Spines to say be- =fore he dyed say that John Miller was the man that gave him his Deaths wound, and that he the Deponent knew nothing of any fight or Quarrell, but that the sd Miller did flee from Cannadys and for the Rest that [...] Judge If the Prison r will aske the witness any Question, he may do it Prison I have Nothing to say to him Judge Cee two witnesses more and Examine them C P John Draper and Margaret his wife Draw Neare, Which they did and were both Sworne Judge John Draper what do you know of this business You are upon yo r oath Draper This Deponent saith that on the 21 of this month at Night [...] | James Hall was called and sworn. He declared that, while he was in his landlady Sherwin’s house, he heard a great noise outside and went out to see what had happened. He stated that he saw Charles Spines leaning upon his sword and heard him say that someone should take hold of Miller, as he had given him his fatal wound. Hall stated that he then seized Miller, who had a drawn sword in his hand. At that moment, Robert Jones came towards Miller, and Hall threw him down. He further stated that he heard a disturbance behind him, and, as it was dark, he paused to observe what was occurring. He believed that someone had been quarrelling with him, but, finding a way clear, he returned to look for Miller, who had by then gone up the hill. He stated that he had nothing further to add. John Miller was asked whether he had anything to say in response to this evidence. He replied that he had nothing to add except that Spines had followed him, and that what he had done had been in his own defence. Robert Padman was then called and sworn. He declared that he had heard Charles Spines say before he died that John Miller was the man who had given him his fatal wound. He stated that he had not witnessed any fight or quarrel, but that Miller had fled from Cannady’s house. The remainder of this testimony is not fully legible and has been represented as [...]. Miller was asked whether he wished to question this witness, and he replied that he had nothing to say. John Draper and Margaret Draper were then called and sworn. John Draper began to give evidence concerning events on the night of 21 June, although part of his testimony is not fully legible and has been represented as [...]. Interpretations “Leaning upon his sword” suggested that the injured person was using the weapon for support, indicating weakness or severe injury. “Naked sword” referred to a sword that had been drawn from its scabbard. Speculations Perhaps Spines’s statement before his death was considered important evidence, as such declarations were often given weight in court proceedings? It was probably the case that the description of Miller holding a drawn sword strengthened the perception that he had been actively involved in the violence? Perhaps the mention that Miller fled the scene might have been interpreted as consciousness of guilt, even if explained as fear or confusion? It was probably intended that multiple witness accounts, even when incomplete, would collectively support the jury in forming a judgement about the circumstances of the killing? |
255 | 234 | night he was with the said Spines after he was wounded and he heard the said Spines say that the Miller gave him his Deaths wound, and that he did it because it was for to say words abuse, and further the said Spines said that if he had Seen the said Miller he would have run him through with his rapier and further he saith Not Judge Margrett Draper what Can you say Marg Draper This Depon t saith that on Wednesday the 21 t h Instant Spines did Come into M r Sherwins house in the afternoon, being some what in Drinke, and he would have sat Downe there but the said M r Sherwin would not let him and Desired Henry Jones to turne him out which he did, then the Miller being out of the Doore, this Depon t heard him say that he would thrust his sword in him (meaning a bout at the Gut) into some body belly, then M r Draper and M r Draper afterward he said he would not thrust it in him but some thing Else Whereupon this Depon t bid him have a Care that Nobody did any harmes Mischiefe done, for if there he Should be found Guilty he would Come in againe, and further saith Not Judge Miller you have heard what these have Evidenced on their Oath, you may have you to say against their testimony Prison I was somewhat in Drinke, and if I was provoked to say in M r Sherwins house, the Mischiefe had beene not been done Judge Call some other witnesses C P Martha Botton and Mary Servitor appeare which they did and were sworne. Botton This Depon t saith that being at M r Sherwins house on Tuesday that Instant did heare the said Miller say that he would lay Spines in some darke Gut to have him a blow of a gad and that he would have it on before he Stabb the wound he did, afterward this Depon t heard him say he would not hurt him but something Else; Upon the said Miller being away this Depon t saw him a little while after come in with his shoe on without any Occasion given by the Deceased, and further saith Not | John Draper declared that on the night in question he had been with Charles Spines after he was wounded, and that he had heard Spines say that John Miller had given him the wound that caused his death. He further stated that Spines said the act had been done because of abusive words, and that Spines declared that, if he had seen Miller earlier, he would have run him through with his rapier. Margaret Draper, being sworn, declared that on Wednesday 21 June Spines had come into Mr Sherwin’s house in the afternoon in a state of drink. He had attempted to sit down, but Mr Sherwin refused and ordered Henry Jones to remove him, which was done. She stated that, after Miller had gone out of the door, she heard him say that he would thrust his sword into someone’s belly. She further stated that he later said he would not do so, but would do something else. She warned him to take care, stating that if any harm were done he would be found guilty. She added nothing further. John Miller, when addressed by the judge, stated that he had been somewhat in drink and that, if he had spoken such words at Mr Sherwin’s house, no harm had come of them at that time. Martha Botton and Mary Servitor were then called and sworn. Martha Botton declared that, while at Mr Sherwin’s house on the Tuesday, she had heard Miller say that he would attack Spines in a dark place and strike him, and that he would do so before inflicting a wound. She stated that she later heard him say that he would not hurt him but would do something else. She further declared that, after Miller had left, she saw him return shortly afterwards without any provocation from Spines. Interpretations “Deponent” referred to a person giving sworn testimony in court. “Servitor” referred to a servant or attendant, often of lower rank within a household or establishment. Speculations Perhaps the repeated reports of threatening language were intended to establish intent rather than mere reaction in the later encounter? It was probably the case that the mention of intoxication was used both to explain behaviour and to weaken the reliability of statements made? Perhaps the shift in Miller’s reported words, from threatening harm to denying it, reflects inconsistency that the jury would need to weigh carefully? It was probably intended that testimony describing earlier threats would counter any claim that the act was entirely spontaneous or defensive? |
256 | 235 | Judge - Cee M r Servitor you are Sworne, and being speake what You know in this Matter Servitor - This Depon t saith that Charles Spines did say a[n] houre before he dyed in her house, that John Miller was he that gave the sd Cha r Spines his Deaths wound, and that if I had not pulled the Sword out of my body with both my hands it would Run through me, but withall the said Spines did that the sd Miller Else would do him no good Judge - Miller have you any thing to Say unto these witnesses or w t they have Evidenced Judge - Are there any more witnesses if there be let ym be Called in C P - James Cthorne sold r and Georg Shelton Come into Court, who did So but Neither was Sworne Judge - Cthorne what have You to Say Cthorne saith that going over the Bridge in the Foreno the day that Spines was wounded John Miller did Quarrell with him the Deponent Cthorne, and did Strike him with a Cane, but Not Coming whereof nor haveing Given him any Resistance, So to doe, and further saith Not Judge - Shelton what say You in this matter Shelton saith that he saw the said Miller to Strike the sd Cthorne with his Cane without any Provocation on Cthornes pt and that he heard Spines to say speake these words about the wound of his Death, which Cthorn hath before Judge - If there be any other witnesses that have bin Called that Can witness any thing further, touching this affaire let them Now Come for Court Rowman Gierling Planter Come in and did be Called Say Some thing for he thought was to Disprisoner Judge - If you know any thing to informe ye Jury pray do it since you be at the place whick was done Gierling This Depon t saith that John Miller Came to his house (the day that the said Spines was wounded) and would have | Mary Servitor was called and sworn. She declared that, about an hour before Charles Spines died, while he was in her house, he had stated that John Miller had given him the wound that caused his death. She further stated that Spines said that, if he had not pulled the sword out of his body with both hands, it would have passed through him. It was also stated that Spines said that Miller had otherwise done him no good. John Miller was asked whether he had anything to say in response to this evidence, but no further statement is recorded. James Cthorne and George Shelton were then called into court, although neither was sworn. Cthorne stated that, on the forenoon of the day when Spines was wounded, Miller had quarrelled with him while he was crossing the bridge and had struck him with a cane without provocation. George Shelton stated that he had seen Miller strike Cthorne with a cane without any provocation, and that he had also heard Spines speak words concerning the wound that caused his death, consistent with those already reported by Cthorne. The court then called for any further witnesses. Rowman Gierling, a planter, came forward and was asked to speak to the matter. He declared that John Miller had come to his house on the day that Spines was wounded and would have [...], although the remainder of this testimony is not fully legible and has been represented as [...]. Interpretations “Servitor” referred to a servant or attendant, typically of lower status within a household. “Deponent” referred to a person giving sworn testimony in court. “Not sworn” indicated that a statement was given without formal oath, which could affect how it was weighed as evidence. Speculations Perhaps the repeated dying statements attributed to Spines were treated as especially significant evidence, as such declarations were often considered reliable in early modern legal practice? It was probably the case that testimony about Miller striking another man earlier in the day was intended to show a pattern of aggressive behaviour? Perhaps the fact that some witnesses were not sworn suggests flexibility in procedure, or differences in how various types of testimony were valued? It was probably intended that the accumulation of multiple accounts, even when partially incomplete, would reinforce the overall case presented to the jury? |
257 | 236 | have Sought Some Clothes of this Dep t but they would Not agree whereupon (this Dep t seeing him the sd Miller somewh[at] in Drinke) he advised him the said Miller to goe and shun he would not unless he would give him a Dram, or Some Victualls, which this Dep t denyed to Give him, Then the sd Miller that he knew him one Come[...][...] who did use to affront People but he did Not Name Nobody, but saith he the said Miller, I will before this Night- or to morrow Night run my sword in Some of their Guts and I shall see hanged on good Visible pain [...] to the Gallows against the fort, after the said Miller Did Come out of this Dep ts house he saw the sd [...] and the said Spines going together in the Street by the house, the sd Spines before and the Miller behinde untill they Came to the Market house, then this Depo[nen]t saw the sd Miller strike the sd Spines with a stick or Cane; whereupon the said Spines Drew his Sword, and did run after the sd Miller, and beat him with the flat side of it Judge - Miller You have heard what this witness hath testified upon his oath, have you any thing to say against him or his testimony Prison[er] I Confess that being in this mans [...][...] in drinke that in the after noone of the day mentioned, if we Disputed at Catherine and Desired some Victualls but sd Rong that Some did affront People but I denyed that I had runn him my sword into any mans Gutt Either this Night or to Morrow or that did Appointed the Gallows and say I shall be hanged thereon Will but the said Gierling doth owe me a pipe and now he hath undone me Judge - Have you any more witnesses to Examine C P No, all have bin appeared and Given in their Evidence/ | Rowman Gierling continued his testimony, stating that John Miller had come to his house and asked for some clothes, but they could not agree. Observing that Miller was somewhat in drink, he advised him to leave, but Miller refused unless he was given a dram or some victuals, which Gierling declined to provide. Gierling further declared that Miller then spoke in a threatening manner, stating that he knew certain people who affronted others, and that before that night or the following night he would run his sword into someone’s belly, and that he would be seen hanged upon the gallows near the fort. After leaving Gierling’s house, Miller was seen following Charles Spines along the street, with Spines walking ahead and Miller behind until they reached the market house. Gierling stated that he then saw Miller strike Spines with a stick or cane, whereupon Spines drew his sword, pursued Miller, and struck him with the flat side of it. The judge asked Miller whether he had anything to say in response to this testimony. Miller admitted that he had been drinking at Gierling’s house and that there had been a dispute, and that he had asked for victuals. He denied, however, that he had threatened to run his sword into any man or that he had spoken of being hanged. He added that Gierling owed him a pipe and that this had caused him harm. The judge then asked whether any further witnesses were to be examined, and it was stated that all had appeared and given their evidence. Interpretations “Dram” referred to a small measure of strong drink, commonly spirits. “Affront” referred to an insult or act of disrespect, often provoking quarrel. “Flat side of the sword” referred to striking with the blunt side of the blade, typically used to beat rather than cut or stab. Speculations Perhaps the alleged threat about using a sword and being hanged was intended to demonstrate forethought or reckless intent, rather than a purely spontaneous act? It was probably the case that Gierling’s testimony, describing both earlier threats and the initial strike with a cane, was particularly damaging to Miller’s claim of self-defence? Perhaps Miller’s admission of drinking, combined with his denial of specific threats, reflects an attempt to separate his general behaviour from the more serious accusations? It was probably intended that the sequence of events described, from quarrel to pursuit and escalation, would help the jury determine whether the killing arose from provocation or aggression? |
258 | 237 | Judge John Miller You have heard what these witnesses upon their Oaths have Evidenced ag[ain]st you have you any thing to Say for yo[u]r Selfe, or any witnes[s] that you would have to be heard I have little to say for my Selfe, but God forgive y m that have Evidenced ag[ain]st me, or for that Cha[rle]s Spines did beaton me w th his sword through the Market house I Came downe to the fort intending to get downe and sleepe but being very thirsty Resolved to goe up to M r Sherwins to Drinke [...] of shobby, and Not knowing whether I might be affronted againe I tooke my Sword with me, and was going Directly to the said Sherwins house, but meth- ing Rob t Goodwin (it being Darke) he asked who was there, I told him John Miller, & he went forward to the said Servitors house, he giving the sd Spines warning of me I Drew my Sword in my owne Defence and he following thrusting upon me and fell upon my sword and wounded himselfe, this is all that I Can Say, but my pray for this Accident Judge Have you any [...][...] for witnesses for you if you please Prison[er] I desire that George Athorne, Germine Kitley, and Thomas Miller sold r may be heard Judge - Sutton what Can You Say on behalfe of the Prisoner at the Barr Sutton - All that I Can say is this, That in the dusk of the Even- =ing before Cha Spines was wounded I say Cha Spines have a Cane in his hand as he stood at the Doore of a house in the Towne neare the Market house which Cane this Examin t saith was his, and that after the said Spines was wounded John Ca[ily] sold r tooke up the [...] in or neare the place where wound was given and brought the sd Cane to the Deponent and further he saith Not | John Miller was asked by the judge whether he had anything further to say in his defence, or whether he wished to call any witnesses. He replied that he had little to say, except that he prayed forgiveness for those who had given evidence against him, and stated that Charles Spines had beaten him with a sword through the market house. He declared that he had gone down to the fort intending to rest, but, being thirsty, had decided to go to Mr Sherwin’s house to drink. He stated that, not knowing whether he might be affronted again, he had taken his sword with him. He further stated that, while proceeding there, he encountered Robert Goodwin in the dark, who asked who he was, and he replied that he was John Miller. He stated that Goodwin then went ahead and warned Spines of his presence. Miller declared that he then drew his sword in his own defence, and that Spines followed and thrust at him, falling upon Miller’s sword and thereby wounding himself. He stated that this was the full account of the incident and prayed for forgiveness for what had occurred. Miller then requested that George Athorne, Germine Kitley, and Thomas Miller, a soldier, be heard as witnesses. A witness named Sutton was then called. He declared that, in the dusk of the evening before Spines was wounded, he had seen Spines standing near a house in the town close to the market house, holding a cane. Sutton stated that the cane belonged to him. He further declared that, after Spines had been wounded, John Ca[...] had taken up the cane from near the place where the wound had been inflicted and had returned it to him. He stated that he had nothing further to add. Interpretations “Shobby” appears to refer to a type of drink, possibly a local or colloquial term for a form of beer or fermented beverage, though its precise meaning is uncertain. Speculations Perhaps Miller’s emphasis on being previously struck by Spines and fearing further affront was intended to reinforce a narrative of ongoing provocation? It was probably the case that carrying a sword in anticipation of possible conflict could be interpreted either as precaution or as readiness for violence? Perhaps the testimony concerning the cane was intended to support the idea that Spines had acted aggressively before the fatal encounter? It was probably intended that Miller’s appeal to forgiveness and framing of the event as an accident would influence the jury’s perception of intent and responsibility? |
259 | 238 | Judge - Cee John Talby who appeared Talby This Examin t saith that the Same Night that y e Prison r was wounded he did take up a Cane at a place the place where the hurt was done w ch this Examin t did to George Sutton who owned it to be his and further he saith not/ Cee Tho: Miller sold r Who appeared This Examin t saith that being in the Marke[t] house in the afternoone of the day wherein Cha: Spines was wounded, he saw the sd Spines to run after the sd John Miller (the Examin t then) with his sword Drawn and beat him therewith untill he Came to the house where James Duffe livd, then the sd Spines Returned back to the market house, and this Examin t heard the sd Spines swear that the next time he met the sd Miller he would stab him againe, and Some Time after yt the sd Spines Came to the sd Duffs house with a Cane in his hand, and asked if the sd Miller went there (who was not) and so went off and this Examin t saith Not Judge - John Miller You have heard what these witness[es] have on yo[u]r Behalfe, have you any more to Examine, or have you any more to offer unto the Court and Jury before they withdraw Prison: I have no more witness[es], nor Can I say any thing besides w t I have sd Before; Namely that the sd Spines followed me and I Drew my Sword in my owne Defence to Defend my Selfe if his violence towards me/ Judge - Well You Gent n of the Jury You have heard all yt the witnesses have sworne for the King & the Evidence at the Barr, and you have heard his Defence and the witnesses he hath brought on his behalfe, I did Need not make any long repetition of wt have bin sd to[o], and by If you believe all that hath bin Evidenced against [hi]m especially by Rob t Goodwin concerning the slipt wit- ness[?] You Cannot put the Prisoner Guilty, But if you believe what himselfe hath sd for [...] | John Talby was called and examined. He stated that, on the same night that the prisoner was wounded, he had taken up a cane from the place where the injury was done and delivered it to George Sutton, who acknowledged it to be his, and that he had nothing further to add. Thomas Miller, a soldier, was then called. He stated that, being in the market house in the afternoon of the day on which Charles Spines was wounded, he saw Spines run after John Miller with his sword drawn and strike him with it until they reached the house where James Duff lived. He stated that Spines then returned to the market house, and that he heard Spines swear that the next time he met Miller he would stab him. He further stated that, some time after, Spines came to Duff’s house with a cane in his hand and asked whether Miller had gone there, and, being told he had not, departed. He stated that he had nothing further to add. The judge then asked John Miller whether he had any further witnesses or anything more to offer before the jury withdrew. Miller replied that he had no further witnesses and nothing more to say beyond what he had already stated, namely that Spines had followed him and that he had drawn his sword in his own defence to protect himself from Spines’s violence. The judge then addressed the jury, stating that they had heard all the evidence given for the Crown, as well as the defence and the witnesses called on Miller’s behalf. He stated that he need not repeat the evidence at length, and directed that, if they believed the evidence given against Miller-particularly that of Robert Goodwin-they could not find the prisoner guilty; but if they gave weight to Miller’s own account, they should consider it accordingly. Interpretations None. |
260 | 239 | he did was in his owne Defence, and that Spines followed him, and ran himselfe upon his sword, then you may finde it otherwise it is a Case that Requires very Serious Con- sideration, and the good Dame you to bring a righteous Verdict, So you may withdraw into Some Conveniant Place where none is to Come to you, Speake with you, Nor any meate Drinke fire or Candle to be given you untill you have agreed upon a Verdict and an officer is to attend you and See the Same done Then the Jury withdrew, and stayed a[n] houre w[he]n they Returned to the Court, and the foreman said andist Judge - Cee over the Jury by their Names C P - You Gent of the Jury Answer to yo[ur] Names, w ch they did Judge - Are you all agreed of a verdict Jury - yea, yea, y[ea] Judge - Who shall speake for you Jury - The foreman C P - Sett John Miller to the Barr Judge - You Gent n of the Jury looke on y e Prison r at the Barr, do you finde him Guilty of the Murder that he stands Indicted for, or do you finde him Not Guilty Foreman Guilty Judge - Guilty of what foreman Guilty of murder Judge - Guilty of w[il]f[ul] murder foreman - Guilty of wilfull Murder Judge - You Gent n of the Jury Hearken to the verdict as the Court hath Recorded it C P: That John Miller is Guilty of wilfull murder in kill- =ing of Cha: Spines, So say I yo[u] foreman, So say you all Jury Yea, yea, y[ea] | The judge directed the jury that, if they believed that what Miller had done was in his own defence, and that Spines had followed him and run himself upon Miller’s sword, then they might find accordingly; but that the case required very serious consideration, and that they should deliver a just verdict. He ordered them to withdraw to a convenient place where no one should speak with them or provide them with food, drink, fire, or candle until they had agreed upon their verdict, with an officer appointed to attend them. The jury withdrew and, after about an hour, returned to the court. The judge ordered the jury to be called over by name, and each answered. He then asked whether they were agreed upon a verdict, to which they replied that they were. When asked who would speak for them, they answered that the foreman would do so. John Miller was then set to the bar. The judge directed the jury to look upon the prisoner and asked whether they found him guilty of the murder for which he stood indicted, or not guilty. The foreman answered that he was guilty. The judge asked, “Guilty of what?” and the foreman replied, “Guilty of murder.” The judge further asked whether he was guilty of wilful murder, and the foreman confirmed that he was. The verdict was then formally recorded, and the court asked the jury to affirm it as entered: that John Miller was guilty of wilful murder in killing Charles Spines. The jury assented unanimously. Interpretations None. |
261 | 240 | Judge You John Miller have bin Indicted for murder in killing of Cha: Spines, to which thou hast pleaded not Guilty, and thou hast put thy Selfe upon Tryall by God and the Country, thou hast had an open faire and Legall Tryall hast heard all the witnesses upon their oath[s] against any of them thou hast had liberty to Exame and to aske any Question to them, thou hast also heard all that thou couldst say in thy Defence, and the witnesses that you have produced have bin likewise heard the Jury have now found thee Guilty of wilfull Murder, What hast thou to say for thy selfe before Sentence be pronounced ag[ains]t thee Prison[er] I have nothing to say God have mercy upon me, I am sorry for what I have done Judge - John Miller thou art to be Carried from hence unto the place from whence thou Camest, and from thence to the place that shall be appointed for Execution, and there thou art to be hanged by the Neck untill thou art dead, and the Lord have mercy upon thy Soule/ Judge - You Gent n of the Jury the Sentence that I have Given You have now done Justice and Charity, and we have brought in a righteous verdict God grant that this may be an Example to all others that the like heinous Crime may never be Committed amongst us, and you are dismissed from any further attendance/ C P Cryed made Proclamation Oyez all manner of persons that have appeared and Given their attendance this Session they may Depart and appeare againe, When they are Summoned/ God save the King and bless the Island and ye Proprietors | The judge addressed John Miller, stating that he had been indicted for the murder of Charles Spines, to which he had pleaded not guilty and had put himself upon trial by God and the country. He stated that Miller had received an open, fair, and lawful trial, had heard all the witnesses sworn against him, and had been given full liberty to question them. He further stated that Miller had been heard in his defence and that his witnesses had also been examined, and that the jury had now found him guilty of wilful murder. The judge then asked what he had to say for himself before sentence was pronounced. Miller replied that he had nothing to say, asking that God have mercy upon him, and expressing sorrow for what he had done. The judge then pronounced sentence, ordering that Miller be taken from the court to the place from which he came, and from there to the place appointed for execution, where he was to be hanged by the neck until dead, and concluded by praying that the Lord have mercy upon his soul. The judge then addressed the jury, stating that they had done justice and charity in delivering their verdict, and expressing the hope that the case would serve as an example to prevent such crimes in the future. He dismissed them from further attendance. A proclamation was then made, calling upon all persons who had attended the session that they might depart and return when summoned again. The proceedings concluded with the customary acclamation: God save the King, and bless the Island and the Proprietors. Interpretations None. |
262 | 241 | Island St Helena Att a Publique Session held at the Sessions house Neare fort James Island the 7 th 1682 Present John Blackmore Gov r and Judge Rob t Hadden Dep ty Gov r Assistan t Rich d Keelinge attorney Generall The Tryall of James Wakefield Planter for speaking of Scandalous and Derogatory words of his Sacred Maj ty Soveraign Lord and his Governm t Proclamation was made for all persons warned or concerned to Draw nigh and give theire attendance. Then the Judge Commanded James Wakefield Prison r to be brought into the Court and in the meane time Read the true and necessary occasion of tryall of speaking how it was for Scandalous and opprobrious words speaking to the Kings Maj ty spoken by James Wakefield when he was in Drinke, and that the said James Wakefield did make report to be more of Drinke that he had taken strong Drink from the Dutch that hee beaten and Governm t of theire tongues They make themselves knowne to say C P Sett James Wakefield to the Bar which was done C P James Wakefield hold up thy hand, which he Did C P James wakefeild Thou Standest Indicted by the Name of James Wakefield Planter on this Island St Helena for not Doing that Duty of true Allegiance Thou owest to our Soveraign Lord the King thy Naturall Prince Didst on the one and twentieth Day of November last past in a profane wickedly, Maliciously, Contemptuously, and Diabolically utter scurrilous and scandalous words ag[ains]t his Maj t sa[cred] Maj ty | At a public session held at the Sessions House near Fort James on the Island of St Helena on 7th 1682, John Blackmore, Governor and Judge, presided, with Robert Hadden, Deputy Governor, and Richard Keelinge, Attorney General, in attendance. Proclamation was made for all persons concerned to draw near and give their attendance. The judge then ordered that James Wakefield, a planter, be brought before the court. He explained that the purpose of the trial was to examine allegations that Wakefield had spoken scandalous and derogatory words against the King and his government while in drink, and that he had reportedly been further intoxicated with strong drink obtained from the Dutch. Wakefield was then set to the bar and required to hold up his hand. The indictment was read, stating that James Wakefield, planter of St Helena, stood accused of failing in his duty of allegiance to the King, and that on 21 November last he had profanely, maliciously, contemptuously, and scandalously spoken words against the King’s sacred person. Interpretations None. |
263 | 242 | Majesty Saying that y e English King should not keep mee aye Thereby vilifying his Gracious Maj ties most high authority by less ownning y e all Ordinance and Subjection to him and Contumaciously Despising his sacred Dignity and Naturall Right of Government which all good Subjects are in Conscience bound justly to live under and obey, which words are matter of great Contempt and high Misdemean[o]r against our Sovereigne Lord the King his Crowne and Dignity, and the good Governm t of the Rt Hon ble East India Company the absolute Lords Propr[ieto]rs of this Island, That is vested by his most Sacred Maj ties Royall Charter How sayst thou James wakefield art thou Guilty of the sd great Contempt and high Misdemean[o]r whereof thou standest Indicted or Not Guilty/ Prison: Not Guilty C P How wilt thou be tryed Pris By God and my Country C P God send thee a good Deliverance James wakefield thou hast bin Indicted by the Name of James wakefeild Planter for that thou Not have- ing that Due Allegiance in thy heart as all Good Subjects ought to have and Beare to their Naturall Prince, Thou didst wickedly and Maliciously uttering opprobrious and Scandalous words of his most Excellent and Sovereigne Maj ty James the Second by y e Divine Providence over England Scotland France Ireland King, to which Indictm t thou hast pleaded Not Guilty, and hast putto thy selfe upon God and Country for the tryall thereof which Country is now going to be Sworne whereof if thou have any thing to Offer against any of them Thou may make thy objections when they Come to the Booke to be Sworne before they be Sworne/ | At a public session held at the Sessions House near Fort James on the Island of St Helena on 7th 1682, John Blackmore, Governor and Judge, presided, with Robert Hadden, Deputy Governor, and Richard Keelinge, Attorney General, in attendance. Proclamation was made for all persons concerned to draw near and give their attendance. The judge then ordered that James Wakefield, a planter, be brought before the court. He explained that the purpose of the trial was to examine allegations that Wakefield had spoken scandalous and derogatory words against the King and his government while in drink, and that he had reportedly been further intoxicated with strong drink obtained from the Dutch. Wakefield was then set to the bar and required to hold up his hand. The indictment was read, stating that James Wakefield, planter of St Helena, stood accused of failing in his duty of allegiance to the King, and that on 21 November last he had profanely, maliciously, contemptuously, and scandalously spoken words against the King’s sacred person. Interpretations None. Speculations Perhaps the emphasis on Wakefield’s drunkenness was intended to mitigate his culpability, or at least to frame the offence as arising from disorder rather than deliberate sedition? It was probably the case that the reference to “strong drink from the Dutch” carried an additional insinuation, linking the offence not only to intoxication but to foreign influence or disloyal association? Perhaps the formal and highly charged language of the indictment reflects the seriousness with which even spoken words against royal authority were treated in a colonial setting, where maintaining order and loyalty was especially important? |
264 | 243 | Then the Jury was Called and Orlando Bagley appointed foreman who was Sworne as followeth You shall well and truely try and True Deliverance make between our Sovereigne Lord the King, and the Prisoner at the Barr according to Evidence to keep you God and the Contents of this Booke The rest of the Jury had the Same Oath Administred to them in the following words The oath that y e sd foreman hath taken you and Every one of you shall well and truly observe and keep and give up Evidence and the best of yo[u]r skill and knowledge to helpe you God C P Cyer Court these Orlando Bagley - foreman - 1 Tho: Smout - - - - 2 Henry Coles - - - - 3 John Draper - - - - 4 Tho: Boo - - - - 5 Jo[...][...] Cornish - - - - 6 [...] Benman - - - - 7 William Hayes - - - - 8 Rich d Leach - - - - 9 Henry Kelsey - - - - 10 Tho: Stra[...] - - - - 11 John Wil[...] - - - - 12 all Good men & true C P Here the Indictm t was Read againe You Gent of the Jury James wakefeild Prison r at the Barr has bin Indicted and arraigned for Not having that Due allegiance in his heart that all Good Subjects ought to have and beare to their Naturall Lord & Prince he did wickedly and Contumaciously utter very Seditious and Scandalous words ag[ains]t him | The jury was then called, and Orlando Bagley was appointed foreman and sworn. The oath required that he should truly try the case and deliver a true verdict between the King and the prisoner according to the evidence. The rest of the jury were sworn in similar terms, each undertaking to observe the oath faithfully and to give their verdict according to their knowledge and judgment. The jurors were then named as follows: Orlando Bagley (foreman) Thomas Smout Henry Coles John Draper Thomas Boo John Cornish […] Benman William Hayes Richard Leach Henry Kelsey Thomas Stra[…] John Wil[…] All were described as “good men and true.” The indictment was then read again, and the jury were reminded that James Wakefield, the prisoner at the bar, stood accused of failing in his allegiance and of uttering seditious and scandalous words against the King. Interpretations None. Speculations Perhaps the formal restatement of the charge to the jury was intended to reinforce the political nature of the offence, ensuring that they understood it not merely as misconduct but as a breach of loyalty to the Crown? It was probably the case that describing the jurors as “good men and true” functioned not only as a conventional phrase but also as a reminder of their duty to uphold authority and order? Perhaps the repetition of the indictment reflects the seriousness with which spoken words against the King were treated, requiring clear emphasis before deliberation? |
265 | 244 | Then the Jury was Called and Orlando Bagley appoint[ed] foreman who was Sworne as followeth You shall well and truely try and True Deliverance make between our Sovereigne Lord the King, and the Prisoner at the Barr according to Evidence so helpe yo[u] God and the Contents of this Booke The rest of the Jury had the Same Oath Administred to them in the following words The oath that y e sd foreman hath taken you and Every one of you shall well and truly observe and keepe and give up Evidence and the best of yo[u]r skill and knowl[e]dge so helpe you God C P Cyer Court these Orlando Bagley - - forem - 1 Tho: Smout - - - - 2 Henry Coles - - - - 3 John Draper - - - - 4 Tho: Boo: - - - - 5 Jo[a]s Cha[rn][...]- - - 6 [...]n Benman - - - - 7 William Hayes - - - - 8 Rich d Leach - - - - 9 Henry Kelsey - - - - 10 Tho: Str[...][...] - - - 11 John Will[...] - - - - 12 all Good men & true A. G Here the Indictm t was Read againe You Gent of the Jury James wakefeild Prison r at the Barr has bin Indicted and arraigned for Not having that Due allegiance in his heart that all Good Subjects ought to have and beare to their Naturall [L]ord & Prince he did wickedly and Contumaciously utter very Seditious and Scandalous words ag[ains]t him | The jury was then called, and Orlando Bagley was appointed foreman and sworn. He was charged to try the case faithfully and to deliver a true verdict between the King and the prisoner according to the evidence. The remaining jurors were sworn in similar terms, each undertaking to observe the oath and to give their verdict according to their skill and knowledge. The jurors were named as follows: Orlando Bagley (foreman) Thomas Smout Henry Coles John Draper Thomas Boo Joas Cha[…] […] Benman William Hayes Richard Leach Henry Kelsey Thomas Str[…] John Will[…] All were described as “good men and true.” The indictment was then read again, and the jury were addressed that James Wakefield, the prisoner at the bar, had been indicted and arraigned for failing in the allegiance owed to the King, and for wickedly and contumaciously speaking seditious and scandalous words against him. Interpretations “Contumaciously” indicates wilful disobedience or stubborn defiance of authority. Speculations Perhaps the repeated emphasis on “due allegiance” reflects a concern that disloyal speech, even when spoken in drink, might undermine authority in a small and vulnerable settlement? It was probably the case that reiterating the charge immediately before deliberation was intended to frame the offence in explicitly political terms, rather than as mere disorderly conduct? Perhaps the inclusion of “contumaciously” was meant to suggest not only that the words were spoken, but that they carried an element of defiance rather than carelessness? |
266 | 245 | then I and one Mashing me gott me Downe and Breais me Souly and then the sd Wakefeild spake these words to w[i]t Mairken you are an English dogg Will thou keep me to [owe] Judge Was any of you Neere [him] When James Wakefeild said these words/ J L Rich d Geuinge and [Tho][...][...] was without Doores but whether they were Neere Enough to heare the words spoken I C[an]no[t] Tell Judge James wakefeild if you have any Question to aske this witness you had best do it now/ P I shall [a]ske him no question he may Induce what he please against me. I knowe such [...] words he wrote he wrote them me a[...][...] question Well but the drunken Jury- will be familiars before my tryall [be over] Then Rich d Geuing was Cal[ed] and Sworne Judge Richard Geuing what can You Say of wakefeild trying to Leave that while you [we]re with him that you shall tell me [...], if [fro]m you were there which words were spoken/ R G I was Drinking with the Company named by John Long the said Monday night Novem r the 21 st [last] and Tuesday Morning and I was there when the [difference] between the sd Long and Wakefeild, and heard diverse Scurrilous words [...][...] them as [being] one another English doggs Protestant [Rogue] and the like he did not heare Either Long or Wakefeild Mention or Speak any thing of the Kings Majesty, I heard Long Challenge Wakefeild Downe to fight with him, and Wakefeild was going downe to fight with him but wee prevented him the first time and would not suffer them to fight, I heard Long Threaten Wakefeild that he [be] a Country Man and the [Ship] (Named [Eve?]) Don Then would take him to Shore, upon which Wakef[ei]ld said What Should I Care [for] god [d]am[n] Man you Come You and me[et] in a [farmer]s [house] [w]ay and Come to the [Stairs] for and Cursed wakefeild [severall] Names | The witness John Long stated that, after being knocked down and beaten, James Wakefield spoke abusive words to him, calling him an “English dog” and challenging him. When asked whether others were near enough to hear these words, Long replied that Richard Geuing and another man were outside, but he could not say whether they were close enough to hear. Wakefield declined to question the witness, stating that the witness might say what he pleased against him, and adding that the jury themselves were drunk and familiar before the trial was over. Richard Geuing was then called and sworn. He testified that he had been drinking with the same company on the night of Monday 21 November and into the following morning. He stated that he was present during the quarrel between Long and Wakefield and heard them exchange several abusive expressions, including calling each other “English dogs” and “Protestant rogue.” However, he did not hear either man mention the King. He further stated that Long challenged Wakefield to fight and that Wakefield moved to accept the challenge, but that those present intervened and prevented the fight. He also testified that Long threatened Wakefield with being taken ashore, to which Wakefield responded with indifference and further abusive language. Interpretations “Scurrilous” refers to coarse, insulting, or abusive language. Speculations Perhaps Geuing’s testimony was significant in narrowing the charge, since he explicitly denied hearing any reference to the King, which was central to the indictment? It was probably the case that the exchange of insults between the two men was typical of drunken quarrels, raising the question of whether Wakefield’s words were politically meaningful or merely part of a personal dispute? Perhaps Wakefield’s remark about the jury being drunk was itself risky, as it could be taken as further contempt of authority during the proceedings? |
267 | 246 | Names and w[oul]d bid him to Come Downe to fight, Then Wake- feild stayd Downe from us, and aft[er]wards we missed him, that Allis, and I went Downe, and when we Came Downe we found them a fighting So we parted them but I heard No words spoken by James wakefeild ab t the King as Long affirms/ Then Tho: Allis was Called and Sworne Tho: A Who saith to the Same purpose as Geuing in the that after the fight was over Long Stayed a while then he tooke [boo]ts and fanthorne and went to looke for the said Long to take [Ca]re of him and after he had found him John Long said that wakefeild said to him yt if he or his Nephew [would] [Rock] [bagg] him in one, but the Depon t saith he did not heare the said Wakefeild speake the said words Judge - John Long where were you after the fight was over untill Tho: Allis first you, J L I went to my own[e] house, and [upon] going againe to them but going back I heard Wakefeild Coming Downe with Some others Swearing that he would have him (I [...][...] meaning me) Whereupon I laid my selfe untill they were passed by and went to the said Allis Then Joseph Quinny was Called & Sworne C: Q Who saith that being in bed that Night before Mor[n]- ing and heard a noise In the River in the morning before Day and a Running at my Doore, which his Some man Long and Wakefeild fighting, I heard them Call Severall Names, but heard nothing ab t the King no, nor so much as his name Ment[i]ond Some Time after all the laugh[s] was over I heard Long say he would hang Wakefeild by the left neck he had Judge - How Long Time after the fight was it that you heard Wakefeild Long to say that he would hang him by the left neck he had C Q About 4 or 5 houres after the fight was Some- times before Day and it [being] [beg]in Just the [towards] at 7 or 8 of the Clock in the morning / Time | Richard Geuing further stated that, after Wakefield had gone down from their company, he and Thomas Allis followed and found Wakefield and Long engaged in a fight, which they broke up. He repeated that he heard no words spoken by Wakefield concerning the King. Thomas Allis was then called and sworn. He confirmed Geuing’s account, stating that after the fight Long remained for a short time, and that he later went out with a lantern to look for him. Allis reported that Long afterwards claimed that Wakefield had spoken certain threatening words, but Allis himself did not hear Wakefield say them. John Long was then questioned as to his movements after the fight. He stated that he went home, but upon returning heard Wakefield coming down with others, swearing that he would have him. Long said that he hid himself until they had passed, and then went to Allis. Joseph Quinny was then called and sworn. He testified that, while in bed before morning, he heard noise outside and was told that Long and Wakefield were fighting. He stated that he heard them call each other several names, but heard nothing concerning the King, nor even his name mentioned. He added that, some hours after the fight, he heard Long say that he would hang Wakefield. When asked how long after the fight this statement was made, Quinny replied that it was about four or five hours later, toward early morning. Interpretations None. Speculations Perhaps the consistency among multiple witnesses in denying any mention of the King significantly weakened the central charge of seditious speech? It was probably the case that the prosecution relied heavily on Long’s testimony, making his credibility crucial, especially where other witnesses could not confirm his claims? Perhaps Long’s later statement about hanging Wakefield suggests lingering hostility, which might have influenced how his earlier testimony was perceived? It was likely that the court needed to distinguish between a drunken personal quarrel and a politically significant offence, and these testimonies tended to blur that distinction? |
268 | 247 | Then Tho: F[ue]sdale was Called & Sworne Who saith that hearing a Noise in the Sh[ore] House from my Bed in my window and then saw Wakefeild and Long fighting Calling one another Severall [o]bscen[e] Names But heard Nothing ab t Concerning the Kings Majesty Judge James Wakefeild what can you Say for yo r Selfe You have heard the Severall witnesses Sworne what they have Sworne Prison r I have onely to Say is That I never Spoke these words that is now that I can say it but Long who owne them a fight is and that their Evidence Prove if the Court will please to heare my witnesses/ Judge You may See what witnesses you will but we cannot [find] them to be Sworne/ C B Desire that one Rob t P[er]k W[or]mwood Mary Pardoe be heard as [good] Evidences for him and Rob t Thomp[son] And one Boote appeared A R Who saith that the morning the fight was before the said Long much in Drink going to the fort desired him to goe to Shoare but the sd Long in a Rageing manner said that he would have Wakefeild hanged or whipped Ruth Quinney appeared R Q Who saith that she did heare the sd Long say that the fight between him and Wakefeild was owne that he would be Revenged on Wakefeild because he had beat him, Mary Fue[sd]ale appeared M F Who saith she did See the sd Exceedingly Drunke the said morning they fought together/ | Thomas Fuesdale was then called and sworn. He stated that, hearing a disturbance from his bed, he looked out of his window and saw Wakefield and Long fighting and calling each other several obscene names, but heard nothing concerning the King. The judge then asked Wakefield what he had to say in his defence, having heard the witnesses. Wakefield replied that he had never spoken the words alleged, and that Long’s claim arose out of their quarrel. He requested that his own witnesses be heard. Several witnesses were then called on Wakefield’s behalf. One witness stated that, on the morning after the fight, Long was very drunk and, while going toward the fort, said in an enraged manner that he would have Wakefield hanged or whipped. Ruth Quinney testified that she heard Long say that the quarrel was his own doing and that he intended to take revenge on Wakefield because Wakefield had beaten him. Mary Fuesdale testified that she saw Long extremely drunk on the morning of the fight. Interpretations None. Speculations Perhaps the defence strategy was to undermine Long’s credibility by emphasising his drunkenness and his desire for revenge? It was likely that portraying Long as both intoxicated and vindictive was intended to suggest that his accusation of seditious speech was unreliable or exaggerated? Perhaps the repeated testimony that no one heard any mention of the King strengthened the argument that the incident was a personal dispute rather than a political offence? It was probably significant that Wakefield actively sought witnesses, indicating a more structured defence than in some earlier cases where defendants spoke only briefly for themselves? |
269 | 248 | Prudence Sherwin appeared P S Who saith that the same morning when the Saiffe was betwixt Longe and Wakefeild shee did speake to the said Longe for to goe and sleepe who being very Drunke but the said Longe in a raging Manner said he would be Revenged on Wakefeild and have him hanged or whipd and the said Sherwin Replyed take Care of wt you doe But Longe said he would Goe to the Go[ver] and Sea him of Wakefeild, and if the Gov d take no notice of it he would Goe for England in the shipp Manderna with his Country man Cap t Davi[...] Rob t Thomps appeared R T Who saith that he heard the beginning of [...]ned betwixt Longe and Wakefeild and the said [...] Did Cee the said Wakefeild Protestant Rogue. and the said Wakefeild Called the said Longe Slavish dogg and he Came out of the house when they were a Drinking and Long did then tell the said Wakefeild if he misbe- agoeing to M r Cradens or Through the had been too old with a foule dispute upon w ch the Wakefeild Struck the said Long and then they fell a fighting but he saith saith that he N[ever] did heare a word about the Kings Maj tie although he was there all the time and helped to part them Kinge Judge Have you any more to say before the Jury withdraw P No, [...] wrongfully accused by Longe, I leave my Cause to god and the Verdict of the Jury Judge You Gent n of the Jury have heard all the witnesses on both sides whereof [s]t[il]lly Consider that is one witness did speake positively that the Prison[er] Spake these words which Circum- stances for that Time you may doe well seriously to Consider and god Direct you to bring a true verdict / | Prudence Sherwin was then called and testified that, on the morning of the fight, she spoke to Long, urging him to go and sleep, as he was very drunk. She stated that Long, in a rage, declared he would be revenged on Wakefield and would have him hanged or whipped. She further stated that Long said he would go to the Governor to complain, and, if no action were taken, would go to England in the ship Manderna with his countryman, Captain Davi[…]. Robert Thompson was then called and sworn. He testified that he heard the beginning of the quarrel between Long and Wakefield, during which Long called Wakefield a “Protestant rogue,” and Wakefield called Long a “slavish dog.” He stated that the dispute escalated, and that Wakefield struck Long, leading to a fight. He affirmed that he was present throughout and helped separate them, and that he never heard any words spoken concerning the King. The judge then asked Wakefield whether he had anything further to say before the jury withdrew. Wakefield replied that he had nothing more to add, stating that he was wrongfully accused by Long and leaving his case to God and the jury. The judge then addressed the jury, reminding them that they had heard all the witnesses on both sides. He noted that one witness had positively asserted that the prisoner spoke the alleged words, and instructed the jury to consider this carefully, and to deliver a true verdict. Interpretations None. Speculations Perhaps the defence evidence was aimed almost entirely at discrediting Long by portraying him as intoxicated, vindictive, and unreliable, rather than directly disproving the alleged words? It was likely significant that multiple witnesses present during the quarrel denied hearing any reference to the King, which may have cast doubt on whether such words were spoken at all? Perhaps the judge’s emphasis on the single witness who affirmed the charge reflects the legal weight given to direct testimony, even when contradicted by several others? It was probably the case that the mention of appealing to the Governor or even travelling to England suggests that Long intended to escalate the dispute beyond a local quarrel into a formal accusation? |
270 | 249 | Then the Jury withdrew and stayed a[...] or 4 hour[s] when Returned They found a Verdict. C P You Gent: of the Jury answer to yo r Names, w ch they Did do C P are you all ag[r]e[e]d on a verdict Jury yes yea C P Who shall speake for you Jury The foreman. C P Sett James Wakefeild to the bar. Judge You Gent: of the Jury looke upon the Prison[er] at the Bar is he Guilty of the Contempt and Misdemean[or] whereof he now stands Indicted or Not Guilty Jury Not Guilty Judge Record the verdict, w ch was done. C P You Gent of the Jury hearken to the verdict as the Court hath Recorded it, C P Then the Record was Read you say that James Wakefeild is not Guilty of the Contempt and Misdemean[or] Whereof he stands Indicted So say the yo r foreman soe you say all Jury yea yea y[ea] C P Some one of yo[u] kneel, w ch the Prison[er] Did Priso[ner] God Save The King Bless the Hono[ur]a[ble] Comp[a] and the worship[fu]ll Bench Judge Make a Proclamation Cryer Oyes oyes if there be any person or persons that know of any thing to the Contrary of James wakefeild Prison[er] at the Bar Let him now Come forth and they Shall be heard or other wise to stand upon his Deliverance. And no- [...] appeared the Prisoner Discharged God Save John Blackmore Rob t Hadden Keelinge The King | The jury withdrew and remained absent for approximately three or four hours before returning with their verdict. They were called over by name and confirmed that they were agreed. The foreman spoke on their behalf. James Wakefield was set to the bar, and the judge asked whether he was guilty of the contempt and misdemeanour charged, or not guilty. The jury returned a verdict of not guilty. The verdict was formally recorded and read aloud, and the jury unanimously affirmed it. Wakefield was then ordered to kneel, and he declared: “God save the King, bless the Honourable Company and the worshipful Bench.” A proclamation was made calling for any person who could offer anything against the prisoner to come forward. No one appeared, and Wakefield was discharged. The proceedings concluded with the formal acclamation of loyalty to the King. Interpretations None. Speculations Perhaps the length of the jury’s deliberation indicates that the case was not straightforward, especially given the conflict between a single direct accusation and multiple contrary testimonies? It was likely that the absence of corroboration for the alleged words concerning the King played a decisive role in the acquittal? Perhaps the formal declaration by Wakefield after the verdict functioned as a public reaffirmation of loyalty, reinforcing the authority of the court even in acquittal? It was probably the case that the proclamation inviting further accusations reflects a procedural safeguard, but also served to confirm publicly that no further evidence existed against him? |
271 | 250 | Island St Helena Att a Court Martiall of Military officers Held att Fort James on Tewsday the 25 th of Jan[...] 168[2] Present Collonell John Blackmore Capt and Govern r Capt Rob t Hadden And Dep ty Gov r Rich d Kelinge Ensigne Attor[...] Gen- And Phillip Reeves Juri: Henry Manning Chirurgeon Thos Hailes Dep t Serg t Hen: Jackson } [S]e[...] t John Greild - - - [ ] Tho: Goodwin Gent: [Chief] mate W m Clifton sold r was Called and [bring]d w th [stand]ing and [showing] of [Certain] [disloyall and] Sedition[...], [Sc]urr[ilo]us [mis-] demeanious and Scandelous Natureing against the [Rt Hon ble] the East India Comp a and friend and against the [Governm t] by them settle[...], tending much to Disservice the honor and Interest of the said Island W m Clifton Confesseth that he did by the persuasion and [Insinu-] ation of James Dore, both drunk together in the [good] Ship Modena from Bombay who is a felition desired to the Kings Most Excellent [...][...] Mentioning the Governors the the Lords and their King appointed by the East India Comp a and their Cheif Governor here Dessingly [Odious], and a [desi-] re to be Sent from his [...][...] with friend or though by all which the Said Clifton acknowledgeth and is hearty sorry that he was So Rashly and so [indecently] [to] [name] Into this great and Honour[able] Comp a, which being [his lawfull] [Princes] actuall Hee (about a years time) and knowing that this shall be warning to him for Ever to Commit the Like Error humbly praying the Court that they would Order him to imploy[ment] againe as to Spare his Life/ Thomas Writckee sold[ier] and [clockman] was Charge[ed] for being, and Hearing the said Seditious and Scandelous [Speeches] and Not Dis[co]vering the same to any of the officers | At a Court Martial held at Fort James on Tuesday 25 January 1682, Colonel John Blackmore, Governor, presided, with Robert Hadden, Deputy Governor, Richard Keelinge, and other officers and officials present. William Clifton, a soldier, was brought before the court and charged with uttering disloyal, seditious, and scandalous words against the East India Company and the government established by it, in a manner said to be prejudicial to the honour and interests of the island. Clifton confessed that he had spoken such words, stating that he had been persuaded and influenced by one James Dore while both were drunk aboard the ship Modena from Bombay. He acknowledged that his remarks had improperly criticised the Company and its appointed governors, and expressed remorse for having acted rashly and indecently. He further stated that he had since reflected on his conduct and asked the court to spare his life and allow him to return to employment. Thomas Writckee, also a soldier, was then charged with having heard the same seditious and scandalous speeches and failing to report them to the officers. Interpretations None. Speculations Perhaps Clifton’s confession and emphasis on intoxication and persuasion were intended to mitigate punishment by shifting responsibility toward James Dore? It was likely that offences against the Company’s authority were treated with particular severity in a military context, where discipline and loyalty were essential? Perhaps the charge against Writckee reflects an expectation that silence in the face of disloyal speech was itself a punishable offence, reinforcing collective responsibility among soldiers? It was probably significant that Clifton appealed directly for his life, suggesting that the court martial had the authority to impose capital punishment even for speech-related offences? |
272 | 251 | And then hideing it with some [Cland][...][...] while the said Richard did acknowledge, but withall saith that the above Mentioned C[ap] t James Dore did by his [Perswasion] and Earnest [s][o][li]citation Drawne him into this H[einou]s Crime whereof he is now very sensible, and heartily Sorry humbly praying the favour of this Court in Saveing of his Life/ Upon Serious Consideration of the Nature and Tendency of these two soldiers Crimes by themselves Plainly Confes[sed], They are found by this whole Court (nemine [Con]tradicente) within the 6[th] Article of Law Martiall concerning Dutys subor- dinous, and Comand: the Penalty which is Death But the Rt Honourable Lords and [Ladys] whose from Deferring Death or such like (being Confirmed in the 44[th] paragraph of theire Instruction sent hither in the good Ship [Royall] merchant) [for] better [u]nderstanding Comands which relate [to] Such [offend]ers Deferring Death or such like that be ban- =ished of the said Island and sent to Bombay with the first or the next Ship bound to Either place, to the Gen[eral] or p[re]sid[en]t with one of theire Cov[...] and the Sentence upon it, that they May serve the Comp[an]y 3 or 4 yeares in any place of India; Where the Generall officers shall thinke fitt It is unanimously agreed and accordingly ordered That the said W m Clifton be Banished of the said Island St Helena, Never to Returne hither againe and that he be sent from hence, to the [good] [S][h]ip now at Bombay or port St George, in the first Ship that shall arrive from England, and if found to [Retu]rne of himselfe hither, or Elsewhere in India: (as the Generall [shou]ld [sa]ee againe) he [to] [sho]ote and receive the Penalty of [Con]f[iscati]on as a sold[ier] for 3 or 4 yeares and in the meane- time he to be Continued in Prison yet with [Li]berty [to walke] [withi]n the fort/ | Thomas Writckee acknowledged that he had heard the seditious and scandalous words and had concealed them. He stated that Captain James Dore had, through persuasion and repeated urging, drawn him into this offence. He expressed regret and asked the court to spare his life. Upon consideration of the nature of the offences, both soldiers-having plainly confessed-were found by the court, without dissent, to fall within the sixth article of martial law concerning duty, subordination, and command, for which the prescribed penalty was death. However, in accordance with instructions issued by the Company’s authorities, which allowed for mitigation in such cases, the court determined that instead of execution the offenders should be banished from the island and sent to Bombay or another Company settlement in India. There they were to serve the Company for a term of three or four years, as directed by the senior officers. It was therefore unanimously ordered that William Clifton be banished from the island of St Helena and never permitted to return. He was to be sent on the first available ship to Bombay or Fort St George. If he returned without authority, he would be subject to severe punishment. In the meantime, he was to remain in custody, though allowed limited freedom of movement within the fort. Interpretations “Nemine contradicente” indicates that the decision was made unanimously, with no dissenting voice. Speculations Perhaps the reference to the sixth article of martial law was intended to emphasise the seriousness of the offence, even though the ultimate punishment was mitigated? It was likely that the Company’s instructions allowing substitution of banishment for execution reflect a practical need to preserve manpower while maintaining discipline? Perhaps sending offenders to other Company settlements served both as punishment and as a means of redistributing labour to areas where it was needed? It was probably significant that return from banishment was itself treated as a grave offence, reinforcing the permanence and severity of the sentence despite the avoidance of execution? |
273 | 252 | It is also agreed and ordered That Tho: [Wri][t][c]kee, be Banished and transported as the said W m Clifton, and in the Meane time to be kept close Prison- er for that he was one of those s[oldie]rs that engaged in the sad Rebellion, and Mutiny for which hee had beene Tryed, when the rest were but that his wound hindred it. Some time after he being Cured, upon his humble Petition and acknowledgment of his former badness and promising to mend, and into the Rt Hono ble Comp a Service and Pay whereon he had likewise found- until now his heering in this second Crime knowne Trans- gression, whereby he hath forfeited all favour and Deserve- more severity than these that have bin but once guilty and therefore that he be Comitted to close Prison, untill some off- England. Now ordered that he and the said two sold rs that have had the pay, attend them for theire Maintenance untill they be put on board a ship that shall arrive homeward bound from England, and bound to India. J. Blackmore Rob t Hadden Keelinge Island St Helena Att a Court Martiall of Military officers held on Thursday the 31: of Jan ry 168[2] at Fort James/ Present Collonell John Blackmore Capt and Gov r Capt Rob t Hadden Dep ty Governor: Rich d Keelinge Ensigne [ ] Generall Henry Jackson John Greild - - - } Ser j t Tho: Goodwin Gent: Mate: Plan[te]r Tho: [Fues]dale, was accused for [ ] a base me soldier and The abuseing language unto Capt Rob t Hadden Deputy- Gov r of this Island, Particularly saying that he would thrash him, the said Deputy Gov r with some other words and by [ ] tending to make an uproare in [ ]dition Tho: Fuesdale Confesseth that he did say that [coming] through the [ ] [ ] [ ] door; but acknowledgeth that he had no ill intention, in words, on being heated and in passion upon some words of difference that passed between them | It was further ordered that Thomas Writckee be likewise banished and transported in the same manner as William Clifton. In the meantime, however, he was to be kept in close confinement. This additional severity was imposed because he had previously been involved in a rebellion and mutiny, for which he had been tried alongside others, though his punishment had been deferred due to injury. After his recovery, he had been restored to service upon his petition and promise of good behaviour, but his involvement in this second offence was treated as a renewed breach of trust. The court therefore considered that he had forfeited any prior leniency and deserved stricter treatment than those guilty only once. He was to remain in close prison until he could be sent away, and both he and the other soldiers were to be maintained at Company expense until they were placed aboard a ship bound for India. A subsequent Court Martial was held at Fort James on Thursday 31 January 1682, with the same principal officers present. At this session, Thomas Fuesdale, a soldier, was accused of using abusive language toward Robert Hadden, the Deputy Governor, including threatening to beat him, and of behaviour tending to provoke disorder. Fuesdale admitted that he had spoken the words, stating that they arose in the heat of passion during a dispute, and that he had no ill intent. Interpretations None. Speculations Perhaps the harsher treatment of Writckee reflects a principle within military discipline that repeated offences, especially following prior leniency, were viewed as aggravated breaches of trust? It was likely that prior involvement in mutiny made Writckee particularly suspect, so that even a speech-related offence was treated as part of a pattern of insubordination? Perhaps the insistence on close imprisonment before transport indicates concern that he might otherwise attempt escape or further disorder? It was probably the case that Fuesdale’s admission, combined with his claim of acting in passion, positioned his case differently from those involving calculated or repeated disloyalty, potentially affecting the severity of his sentence? |
274 | 253 | him Selfe and Capt Hadden Which he Mistaking Did Say and Inconsiderately Uttered Those words of thrashing him John Finnis[...][...] being Some [p][...] Saith that he was by when the Difference happened betwixt Capt Hadden and the said [Fue]sdale Which was about [matt]r of Some Moneys, that was due from Fuesdale in a slight hastie fashion, to Capt Hadden Yet it he beheld Whereupon Capt Hadden said, he knew well Enough how to [Dri]ft him, (Meaning how to Get Satisfaction of him,) upon which the said Fuesdale Suddenly [Re]plyed, will you thrash me [vndi]s- Thrash you againe, which words he understood Not on by in- the Castle roome, but after as he went from the other roome in the Street of fort James, towards the Mages[ ] house, where many people were walking Andrew [Wa][l]ker Gent: Mate; saith that he heard the Differ- [en]ce in [ ] as the Came Downe the Stare roome stairs, threatning to thrash Capt Hadden, but the Cause of the Difference he is ignorant off Upon the hearing of the whole matter the said Fuesdale was found Guilty (nemine Contradicente) of the 2 and 16 Articles of the Law Martiall, Concerning disloyall words Speach and Comands, the first of which is Made him liable to an Arbitrary punishment; but the Later brings it under the Sentence of Death, but upon Consideration of the light Storm: Comitted done and Extenuations It is ordered That the said Fuesdale be for Ever Banished this Island, and that he be Transported in the next outward bound Ship- into India There to Serve the Rt Hono ble Comp a 3 or 4 years as the Gen or President of Bombay or fort St George shall appoint/ | Thomas Fuesdale explained that he had spoken the threatening words toward Captain Hadden through mistake and inconsideration, arising from a sudden dispute. John Finnis testified that he was present when the disagreement occurred, which concerned a matter of money owed by Fuesdale to Captain Hadden. He stated that the exchange was heated but slight in nature, and that when Hadden remarked that he knew how to deal with him, Fuesdale suddenly replied with words to the effect of threatening to thrash him. Finnis noted that he heard these words both within the room and later outside in the street at Fort James. Andrew Walker also testified that he heard Fuesdale threaten to thrash Captain Hadden as they came down the stairs, though he did not know the cause of the dispute. Upon consideration of the case, Fuesdale was found guilty, without dissent, under the second and sixteenth articles of martial law relating to disloyal speech and conduct toward authority. While one of these articles allowed for discretionary punishment, the other carried the penalty of death. However, taking into account the relatively minor nature of the offence and the circumstances in which it was committed, the court mitigated the sentence. It was ordered that Fuesdale be permanently banished from the island and transported on the next outward-bound ship to India, where he was to serve the Company for three or four years as directed by its senior officers. Interpretations “Arbitrary punishment” indicates a penalty determined at the court’s discretion rather than fixed by statute. Speculations Perhaps the court distinguished between deliberate insubordination and impulsive speech in anger, leading to mitigation despite the technical applicability of a capital offence? It was likely that the financial dispute provided context that reduced the perceived gravity of the threat, framing it as a personal quarrel rather than a challenge to authority? Perhaps the use of multiple articles of martial law reflects an effort to formally justify jurisdiction over both speech and conduct within a military framework? It was probably the case that banishment to India again served both punitive and practical purposes, removing a disruptive individual while retaining his labour for Company service? |
275 | 254 | Beside the fore mentioned Crimes of the said Fuesdale, It hath bin much observed, that the said Fuesdale is most of an unquiet, turbulent and Seditious Temper, frequent in utter- ing Scandalous words and guilty of [Se]verall [actions] for which he hath bin Called into Question, and Contrary to the good behaviour, Besides he was Deeply Engaged in the Late Re- bellion, in this place, and then escaped full Right Judge- ment, and also since, his frequent and Seditious [Lan]- guage, words, being to the [def]aming of his Sacred Maj tie, soe vigourous that it Could not be passed by but he was apprehended, and Committed for the same, whereby he Spread a Terrour and Uneasiness with others of this Society, when his Hono ble Maj ties for Tyrann y of the world arrived, These things being Considered it was agreed, and Concluded that the said Fuesdale did justly Deserve the said Sentence of Death according to Law Martiall, whereof he May Escape with his Life and be Banished upon such an [extenuation] J. Blackmore Rob t Hadden Keelinge | In addition to the offences already described, it was noted that Thomas Fuesdale was widely regarded as of a turbulent and seditious disposition, frequently using scandalous language and having been involved in several prior incidents for which he had been called to account. He was also said to have been deeply involved in a recent rebellion on the island, from which he had escaped full punishment. Since that time, he had continued to use seditious language, including words considered defamatory toward the King, which had previously led to his arrest and confinement. These behaviours were said to have caused unease among others on the island, particularly at a time when authority and order were of heightened concern. Taking all these factors into account, the court concluded that Fuesdale justly deserved the sentence of death under martial law. However, he was permitted to escape that penalty and instead be banished, this being treated as a form of mitigation. Interpretations None. Speculations Perhaps this passage functioned as a retrospective justification of the sentence, strengthening the court’s decision by framing Fuesdale as a habitual offender rather than judging him solely on the immediate incident? It was likely that prior involvement in rebellion weighed heavily in the court’s reasoning, effectively transforming a moment of heated speech into evidence of a broader pattern of disloyalty? Perhaps the emphasis on the disturbance caused to “this Society” reflects concern about maintaining collective stability in a small and vulnerable settlement? It was probably the case that formally acknowledging that he deserved death, while sparing him, allowed the court to assert authority and deterrence while still exercising controlled leniency? |
276 | 255 | Island St Helena Att a Publique Session held on Monday the 16 th Day of May 1696 att the Sessions house N[igh]e fort James Before John Blackmore Gov r and Judge Josh: Johnson Dep ty Gov r & [ch]ief Rich d Kelinge/attor Gener: The Tryall of John the Son of John Oliver Deceased Englishman for Buggerring of a Calfe of Mary Matthews of the said Island wid o Proclamation was made for all persons warned or Concerned to Draw Neare, and Give theire attendance Then the Judge Comand John Oliver Prison r to be brought into the Court, and in the meane time Declared what was fitte to be proceeded upon in the Sessions Namely, That it was with much Surprise that the said John Oliver had Comitted [buggery] on the Body of a Calfe which was a very heinous Crime and Contrary to the Law of God and man The said John Oliver being Come into the Court Judge - Sett John Oliver to the Barr, which was Done. John Oliver hold up thy hand, which he Did Clerk of the Peace} John Oliver Thou standest here Indicted by the Name of John Oliver of this Island Englishman for that thou Not haveing the feare of God before thine Eyes didst on or ab t the 22 or 23 th Instant or neare the wid o Matthews house of the said Island Most wickedly inhumanly and feloniously Comitt Buggery on the Body of a Calfe, belonging to the said wid o Matthews, Contrary to the Law of God, the Law of our Soveraigne Lord & Lady King William and Queen Mary and the Laws of and Constitution of the Rt Hon ble East India Comp y for the Good Government of the said Island / | At a public session held on Monday 16 May 1696 at the Sessions House near Fort James on the Island of St Helena, John Blackmore, Governor and Judge, presided, with Joshua Johnson, Deputy Governor, and Richard Keelinge, Attorney General. Proclamation was made for all persons concerned to draw near and give their attendance. The judge ordered that John Oliver, son of the late John Oliver, be brought before the court. He declared that the matter to be tried was one of great seriousness, namely that Oliver had committed buggery upon a calf, an offence described as heinous and contrary to both divine and human law. Oliver was then set to the bar and required to hold up his hand. The indictment was read, stating that John Oliver, an Englishman of the island, stood accused that, on or about 22 or 23 May, near the house of Mary Matthews, widow, he had wickedly, inhumanly, and feloniously committed buggery upon a calf belonging to her. The charge was said to be contrary to the law of God, the law of King William and Queen Mary, and the laws and constitutions of the East India Company governing the island. Interpretations None. Speculations Perhaps the judge’s opening emphasis on the offence as “contrary to the law of God and man” reflects the moral as well as legal framing of such crimes, indicating that the case was treated not only as criminal but as deeply transgressive in a religious sense? It was likely that the detailed invocation of multiple legal authorities-the Crown, divine law, and Company regulations-was intended to reinforce the gravity and universality of the prohibition? Perhaps the identification of the animal’s owner and location in the indictment reflects the need to establish both property and jurisdictional elements alongside the act itself? It was probably the case that such offences were rare in the records, which may explain the formal and emphatic language used at the outset of proceedings? |
277 | 256 | What sayst thou John Oliver art thou Guilty of the [offe]nc[e] or whereof thou standest Indicted, or Not Guilty Prison: Not Guilty Cl[erk] How wilt thou be tryed P. By God and the Country C. P. God send thee a good Deliverance C. P. John Oliver thou art here Indicted by the Name of John Oliver of the said Island Englishman for that thou not having the feare of God before thine Eyes didst Most Wickedly inhumanly and feloniously Comitt Buggery on the Body of a Calfe Belonging to Mary Matthews Widdow Contrary to the Laws of God, the Laws of our Sovereigne Lord and Lady King William and Queen Mary, and the Laws and Constitutions of the Rt Honourable East India Comp y of the said Island, to which Indictm t thou hast pleaded Not Guilty, and hast put thy Selfe upon God and the Country for the tryall thereof which Country is a going to be Sworne wherefore if thou have any thing to object against any of them thou mayst make thy objection when they Come to the Booke to be Sworne, before they be Sworne/ Then the Jury were Called and [B]ony [Coles] appointed fore- man, who was Sworne as followeth You shall well and truely try and true Deliverance make between our Sovereigne Lord and Lady King William and Queen Mary and the Rt Hon ble East India Lord[s] Comp y on the one pt and the Prison r at the Barr on the other pt; according to your Evidence without feare, favour or affection, So helpe you God and the Contents of this Booke/ The Rest of the Jury was Sworne in these following words The Oath which you foreman hath taken you and Every one of you shall well and truely observe & keepe according to Evidence and the best of your Skill and knowledge and the Verdict which you and Every one of you shall Give, Therein without feare favour affection So helpe you God Etc. | John Oliver was asked how he pleaded to the indictment, whether guilty or not guilty. He answered that he was not guilty. He was then asked how he wished to be tried, to which he replied, “By God and the country.” The court responded with the customary formula, wishing him a good deliverance. The indictment was then restated in full, and Oliver was informed that he had put himself upon trial by a jury. He was told that if he had any objection to any of the jurors, he might raise it before they were sworn. The jury was then called, and Bony Coles was appointed foreman and sworn. He was charged to try the case faithfully between the Crown, the East India Company, and the prisoner, according to the evidence and without fear, favour, or affection. The remaining jurors were then sworn in similar terms, each undertaking to give their verdict according to the evidence and their knowledge. Interpretations None. Speculations Perhaps the explicit inclusion of both the Crown and the East India Company in the oath reflects the dual authority under which justice was administered on the island? It was likely that the formal restatement of the indictment served to reinforce the gravity of the charge immediately before the jury was empanelled? Perhaps the emphasis on “without fear, favour, or affection” was particularly important in a small community, where personal relationships might otherwise influence judgment? It was probably the case that the opportunity to challenge jurors, though formal, may have been limited in practice given the small pool of available individuals? |
278 | 257 | C. P. Cryer Court these Henry Coales - - - 1 W m Borman - - - 2 Orlando Bagly - - 3 Jos a Charlsworth - 4 John Cannady - - 5 Tho: Neis - - - 6 Tho: Boo: - - - 7 Henry Hayes - - - 8 Rich d Geuinge - - 9 Tho: [S][w][a][l][l][o][w] - 10 W m Price - - - 11 John Wills - - - 12 all Good men and True. A. G. No Objection was made against any of the Jury by the Prisoner You Gent: of the Jury John Oliver the Prisoner Now at the Barr have bin Indicted for not having the feare of God before his Eyes he Did on or ab t the 22 or 23 th Day of 168[6] in or neare the Widdow Matthews house on the said Island Most wickedly inhumanly and feloniously Comitt Bug- =gery on the Body of a Calfe belonging to the Widdow Matthews Contrary to the Law of God the Laws of our Sovereigne Lord and Lady King William and Queen Mary and the Laws and Constitutions of the Right Ho- nourable Comp y for the Good Governm t of the said Island, to which the Prisoner hath pleaded not Guilty and hath put himselfe upon God and his Country for tryall thereof which Country you are and you are to try and know whether the said Prisoner be Guilty or not Guilty Crime of Buggery laid to his Charge in the Indictm t or not Guilty; if you find him Guilty you must bring him or [s][a]y if not you shall say and no more. | The jurors were then called and named as follows: Henry Coales William Borman Orlando Bagley Joshua Charlsworth John Cannady Thomas Neis Thomas Boo Henry Hayes Richard Geuing Thomas Swallow William Price John Wills All were described as “good men and true.” No objection was made by the prisoner to any member of the jury. The jury were then addressed and reminded that John Oliver stood indicted for committing buggery upon a calf belonging to the widow Matthews, contrary to divine law, the laws of the Crown, and the regulations of the East India Company. They were instructed that it was their duty to determine, upon the evidence, whether he was guilty or not guilty of the offence as charged. They were further directed that, if they found him guilty, they were to declare it accordingly; if not guilty, they were to say so and no more. Interpretations None. Speculations Perhaps the absence of any challenge to the jury reflects either acceptance of the panel or the limited scope for objection within a small colonial community? It was likely that the formal reiteration of the charge served to ensure that the jury clearly understood both the nature of the offence and the legal authorities under which it was prosecuted? Perhaps the instruction that the jury should “say no more” if not guilty reflects a procedural emphasis on limiting verdicts strictly to the question of guilt, without elaboration or justification? It was probably the case that the phrase “good men and true” functioned both as a conventional formula and as an affirmation of the jurors’ expected integrity in a tightly knit settlement? |
279 | 258 | Judge - Make a Proclamation Oyes Cee manner of persons that Can Give unto the Rt Hono ble English East India Comp a Absolute Lords and propr[ieto]rs of this Island their God and Councill Now Sitting as a Court of Justice any Evidence or Information on the Behalfe of our Sovereigne Lord and Lady, King William, and Queen Mary, against John Oliver Now Prison r at the Barr let them Draw Neare and they shall have to heard for he Now stand upon his Deliv[er- ance] God Save King William and Queen Mary and Bless the Rt Hono ble East India Comp y A. G. Then was openly Read in Court the following Infor- =mation of the horrible Fact taken and sign d by [tho][...] =mes before the Gov r as followeth. Saturday Feb ry 22 t h 168[9] [90] Tho: Monke sold r Informeth that He hath [underst]o[o]d at the wid o Matthews house ab t a Month [s][i]nce [past] that a weeke before last [C]hrismas one morning [being] in bed heard the Jones sold r who hath quartered in the sd wid o Matthews house a long time to say unto Jack Oliver the said Widdows apprentice Jack you shall not offende me out of what I Savly doe, in Buggaring the Calfe, for I saw you Stark Stripping at the hinder pt of the Calfe, and Making motion with yo r Body towards its p[ri] the said Jack Denyed the fact, further this Informant saith she Did heare the sd widdow matthews say that she saw the said Jack (her apprentice) to Bugg[e]r the said C[al]fe, on [be]ing by in a stake in the pound by the house, [...] | Proclamation was made calling upon all persons who could give evidence on behalf of the Crown against John Oliver to come forward and be heard, as he stood upon his trial. An information was then read in court, taken before the Governor. Thomas Monke, a soldier, reported that about a month earlier, at the house of the widow Matthews, he had heard that one morning before Christmas a soldier named Jones, who had long lodged at the house, spoke to John Oliver, the widow’s apprentice, accusing him of committing the act upon the calf. Monke stated that Jones claimed to have seen Oliver in a compromising position with the animal. Oliver denied the accusation. Monke further stated that he had heard the widow Matthews herself say that she had seen Oliver commit the act upon the calf in the pound near her house. Interpretations None. Speculations Perhaps the reliance on reported speech within this information reflects the difficulty of obtaining direct testimony in cases of this nature? It was likely that the widow Matthews’ alleged observation carried particular weight, given her position as owner of the animal and employer of the accused? Perhaps the inclusion of both accusation and denial within the same account indicates an attempt to present the initial dispute rather than a settled fact? It was probably the case that such allegations depended heavily on reputation and witness credibility, especially where physical evidence would have been limited or absent? |
280 | 259 | Hereupon the said Depon t did [about] the said Jack which being done the said Jack tooke a Rope out of the house [desireing] to [goe] [fo]re [a] burthen of wood, but Not [using] to [fetche] Roap for such a purpose the wid o Matthews said to Dixon I am afraid this Rogue will goe hang himselfe, then Dixon Desired the Inform t to goe along with him after the said Jack, which [...][...] they did Jack [tooke] [his] [course] both did, and going up the [she]e towards [Crops] Bay Moore the [top]p of it being ab t 1 a Mile from the house they the said Dixon and Inform t found the sd Jack hanging on the branch of a tree, his feet p t Downe the side and he was touching the ground, to whom the sd Dixon and Inform t repaired found not quite Dead, then the Rope was cut Downe [sa]ve off his neck who after [lett] the Rope was Downe fell off the sticke who after Some Time Came fully to himselfe and told them that he had mind to hang himselfe being ashamed the world knew what he had Done but they both [com]anded him to Conceale it, fearing least he should attempt to doe the Same againe Tho: Monke Judge - You Gent n of the Jury take Notice that this Information was Given to me and the Inform t signed the same in my presence, and owning it to be truth, and that he [after] swore thereto when last Called but he was now sworne thereto with our [leave] [because] that night hee [was] away from when the Tryall, but he is now here at the Rt hand/ Judge - Then Tho: Dixon sold r was Sworne Tho: Dixon what have You to alledge or say on the behalfe of our Sovereigne Lord and Lady King William and Queen Mary against the Prison r at the Barr Tho Dixon Saith he never Did see the said Oliver to Commit Buggery with the said Calfe, neither did he see the said [...] [...] the [...][...] | The information continued that, after the accusation, John Oliver took a rope from the house under the pretext of fetching wood, though this was not customary. The widow Matthews expressed concern that he might attempt to hang himself. Thomas Dixon and the informant then followed Oliver and found him hanging from a tree about a mile from the house, though not yet dead. They cut him down, and after some time he recovered and stated that he had attempted to hang himself out of shame for what he had done, but they instructed him to conceal the matter. The judge informed the jury that this statement had been formally given before him, signed by the informant, and previously sworn to, though the witness had been absent at an earlier stage of the trial. Thomas Dixon was then called and sworn. He stated that he had never seen Oliver commit the act in question. Interpretations None. Speculations Perhaps the account of Oliver’s attempted suicide was introduced as circumstantial evidence of guilt, suggesting consciousness of wrongdoing rather than direct proof of the act? It was likely that such behaviour, particularly the expression of shame, would have carried strong weight in a moral and legal framework where confession and reputation were significant? Perhaps the inclusion of Dixon’s testimony denying direct observation reflects the court’s attempt to balance second-hand accusations with firsthand evidence? It was probably the case that the credibility of the informant was central, given that much of the narrative depended on reported statements and subsequent conduct rather than eyewitness testimony of the act itself? |
281 | 260 | Judge Did You Never see the Said Oliver for Committing Buggery on a Calfe and did You Not See him Thrusting at the [...] of the Calfe Tho: Di: No I never did See him for in any Such Thing but only because he did hold him [thereof] at the Calves [hinder] he kept [play]ed many John Oliver if you have any thing to aske the witness you had best doe it Now Prison: I have no Questions to aske him Judge - Have any of you of the Jury any Questions to aske this witness Jury no, Then Mary Matthews was Called & Sworne Judge Widd: Matthews what Can You Say at the [Bar] Oliver Committing Buggery on the Body of and if you [Oliver] and Some you did see him Comitting it, [bearing] [Retinue] M: Matt Mary Matthews saith that this Deponent did See him the said Oliver Committ Buggery on the Body of a Calfe not did this Deponent know that the said Oliver Did put an end or That the Dixon did [draw] him the [h][...]ow for doing any Such thing w t Elizabeth Elizabeth the wife of Sam[...][...] being sworne Saith that being in Company one Day with the Said wid o Matthews [after] the said act [...][...] Comitted to Prison) they talked of the said Oliver and asked the said Matthews if shee knew any thing that the Dixon told [...][...] the said Oliver the [...][...] there for a thing that was [fals]e, meaning of Buggaring of a Calfe John [Lea][ve] Planter who being Sworne Saith that ab t last [Xmas] last [night] he did heare that the sd Prisoner went to hang himselfe, and was Downe and the said Monke went to Cut him Downe, [but] hee [the] said [C]yr[no]e saith that he did not heare the Prisoner | The judge questioned Thomas Dixon further, asking whether he had ever seen Oliver commit the act or make any motion toward it. Dixon replied that he had never seen him do any such thing, though he had seen him handling the calf. Oliver declined to question the witness, and the jury also had no questions. Mary Matthews was then called and sworn. She testified that she had seen Oliver commit the act upon the calf. Elizabeth, the wife of Samuel […], was then called and sworn. She stated that, in conversation with Mary Matthews after the alleged incident, Matthews had been asked whether she knew anything of the accusation, and suggested that Dixon had spoken of Oliver in connection with the act. John Lea, a planter, was then called and sworn. He stated that around Christmas he had heard that Oliver had attempted to hang himself and had been cut down, but he did not hear Oliver confess to the act. Interpretations None. Speculations Perhaps Mary Matthews’ direct testimony was the most decisive evidence, as it provided the only clear claim of eyewitness observation of the act? It was likely that Dixon’s denial of having seen the act weakened the prosecution’s case in part, creating a contrast between direct and indirect evidence? Perhaps the testimony of Elizabeth suggests uncertainty or inconsistency in earlier accounts, raising questions about how firmly the accusation was initially asserted? It was probably the case that the reported suicide attempt continued to function as circumstantial evidence, but without an explicit confession it remained open to interpretation? |
282 | 261 | And [monke] leade him the said Oliver Downe the [h][i]ll above the said [P]e[r]anns [house], And the sd [P]e[r]anns did heare the said Monke say unto the sd oliver, you doe Deserve to have yo r hand Cut off May be Dixon [off][e]r[es] to be hanged. Elizabeth Boddes being sworne saith [The Depon t] the wife of [R]ich d [Bodde]s [did] tell her that [the aforesd] Mary Matthews widdow Did Declare unto the sd [Depon t] [...] that she did see the sd Oliver Bugger a Calfe, and that then the sd Matthews did Cee the sd Dixon to see it, whereupon the sd Dixon did [l]eave the sd Oliver, for it, and that Then sd Oliver went to fetch wood, and then he hanged himselfe and that the sd Dixon and Monke and did Cut him Downe [Elenor] the wife of Rich d Lee being sworne E L saith that Mary Matthews did Come into the Deponents house Crying and Saying one [poore] woman was [over] to be hanged as she was, for shee had sworne into my little Roome and there [I] did see John Oliver to Bugger a Calfe in my Roome, [therefor] I heard the aforesaid Tho Dixon, to doe it, why man, and [yo r] the sd Oliver Came of the sd [Cal]fe, but Tho Dixon did [beare] him the sd Oliver with a stone [heape] afterward the sd Oliver [in]tended to fetch home some wood, but went and hanged himselfe More over the sd [Rich d] [Lee] on or ab t the 15 t h of February [last past] said to this Depon t was at the house of Sutton [the] [ ] Planter where the sd Matthews was Crying the Depon t said why doe you Cry and for the [said] life ab t a Bugg[e]r she, which [he] hanged, and as the sd Depon t went out of the sd Sutton[s] house to goe home the sd Matthews Come out of the house ag t the Depon t and sd [tho] you are in heaven [before] with these Dixon[s] unto you, for I have Did Declare such a thing to any other [person] but you, for [wh] [the]r you will not Come against me to hange me/ | Further testimony was given that Monke led Oliver down a hill near Perranns’s house, and that Perranns heard Monke tell Oliver that he deserved severe punishment for what he had done. Elizabeth Boddes, sworn as a witness, stated that her husband had told her that Mary Matthews had declared she had seen Oliver commit the act, and that Dixon had also been present. According to this account, Oliver was reproved, then went to fetch wood, and afterwards attempted to hang himself, whereupon Dixon and Monke cut him down. Eleanor, the wife of Richard Lee, testified that Mary Matthews came to her house in distress, stating that she had seen Oliver commit the act and feared the consequences of having spoken of it. She further stated that Matthews later expressed anxiety that her statement might lead to her being drawn into proceedings or punishment, suggesting concern about the implications of her testimony. Interpretations None. Speculations Perhaps the accumulation of second-hand testimony reflects the circulation of the accusation within the community, indicating how such allegations spread beyond direct witnesses? It was likely that Matthews’ reported distress and hesitation suggest uncertainty about the consequences of giving evidence, especially in a case carrying severe penalties? Perhaps the repeated references to Oliver’s attempted suicide continued to be treated as indirect confirmation of guilt, even in the absence of a clear confession? It was probably the case that the mixture of direct and reported testimony created tension in the evidentiary weight, requiring the jury to assess credibility carefully rather than rely on a single clear narrative? |
283 | 262 | Judge - ask the sd Matthews what she Could say to what M r [Lea]ck had sworne, the said matthews she swore that some of it was true and some was not true Judge - John Oliver what hast thou to Say for thy Selfe, you have heard the Severall witnesses speake for themselves Prison: All that I have to say is that I never did the offence, Nor offer to doe any thing of Buggery Judge - have you any thing to say before y e Jury withdraw. Prison: No I am wrongfully accused by Monke, I leave my Cause to god and the verdict of the Jury/ Judge.--- You Gentlemen of the Jury you have heard all that have bin Evidenced Matthews and Dixon deny their knowing the fact, altho: Monks Information saith that they saw the thing done and M r Leack doth positively sweare that M rs Matthews widdow Did tell her that shee said John Oliver did Bugger a Calfe and that he went to hang himselfe, may- take notice and seriously the of Consider of all the Circumst- -ances that you have heard of this matter, And God Direct you to bring in a true verdict Then the Jury withdrew and stayed ab t two hou[rs] when Returned [the]y Did and it C P you Gent: of the Jury Answer to yo r Names, w ch they did C P are you all agreed on a Verdict Jury yes yea C P who shall speake for you Jury The foreman C P Sett John Oliver to the Barr Judge - you Gentlemen of the Jury Looke well upon y e Prison[e]r at the Bar is he Guilty of the felonious Crime of Buggery whereof he now stands Indicted or not Guilty Not Guilty, | The judge questioned Mary Matthews regarding earlier testimony, and she stated that some parts were true and some were not. John Oliver was then asked what he had to say in his defence. He replied that he had never committed the offence nor attempted any such act. When asked if he had anything further to add before the jury withdrew, he stated that he was wrongfully accused by Monke and left his case to God and the verdict of the jury. The judge then addressed the jury, noting the inconsistencies in the evidence. He observed that Matthews and Dixon denied knowledge of the act, while Monke’s earlier information suggested that they had seen it. He also pointed out that another witness had sworn that Matthews had previously claimed to have seen Oliver commit the act and that Oliver had attempted to hang himself. The jury were instructed to consider all these circumstances carefully and to return a true verdict. The jury withdrew for about two hours and, upon returning, confirmed that they had agreed upon a verdict. The foreman spoke on their behalf. Oliver was set to the bar, and the jury were asked whether he was guilty of the felonious crime charged or not guilty. They returned a verdict of not guilty. Interpretations None. Speculations Perhaps the contradictions in Matthews’ statements were decisive, as they undermined the only direct claim of eyewitness evidence? It was likely that the conflict between Monke’s account and the testimony of Matthews and Dixon created sufficient doubt to prevent a conviction? Perhaps the jury placed greater weight on in-court testimony than on reported statements made earlier, especially where those reports were inconsistent? It was probably the case that, despite the seriousness of the charge, the evidentiary standard required clearer and more consistent proof than was available in this case? |
284 | 263 | Judge Record the verdict which was Done C P You Gentlemen of the Jury hearken to the verdict as the Court hath Recorded it Then the Record was Read C P You say that John Oliver is not Guilty of the felonious act of Buggery whereof he stands Indicted C P So saith the foreman and So Say you all Jury yea yea y e s C P Downe on yo r knees, which the Prison r did God Save King William & Queen Mary and Bless the Hon ble Comp a & the Bench J Blackmore Gov r Josh Johnson Dep ty Gov r Island | The judge ordered that the verdict be recorded, which was done. The clerk then read the recorded verdict aloud, confirming that the jury found John Oliver not guilty of the felonious act of buggery. The jury unanimously affirmed the verdict. Oliver was then ordered to kneel, and he declared: “God save King William and Queen Mary, and bless the Honourable Company and the Bench.” The proceedings concluded under the authority of Governor John Blackmore and Deputy Governor Joshua Johnson. Interpretations None. Speculations Perhaps the formal affirmation of loyalty following acquittal functioned as a ritual reinforcement of authority, even when the accused was cleared? It was likely that the unanimity of the jury was emphasised to underline the legitimacy of the verdict in a case marked by conflicting testimony? Perhaps the structured conclusion of the proceedings reflects the importance of maintaining order and ceremonial propriety, regardless of the outcome? It was probably the case that such declarations helped reaffirm the relationship between local governance, Company authority, and the Crown within the colonial setting? |
285 | 264 | Island St Helena Att a Court of Justice Continued on Tewsday the 6 th Day of May 1690 att the Sessions house Neare fort James/ Present John Blackmore Gov r & Judge Joshua Johnson Dep ty Gov r & Assistant Richard Keelinge att r Gen ll The Tryall of John Oliver Englishman of the sd Island for Comitting a Rape on Sarah the Daughter of Simon Tucker Planter Proclamation was made for all persons warned or Concerned to Draw nigh and give their attendance/ Then the Judge Comanded John Oliver Prison r to be brought into the Court, in the meane time Declared the true and necessary occasion of the Prison r offence, That it was for a Rape Comitted or attempted to be Comitted by John Oliver on the Body of Sarah the Daughter of Simon Tucker of the said Island Planter age ab t 9 year Contrary to the Law of God and the Laws of our Sovereigne Lord and Lady King William and Queen Mary and the Laws and Constitutions of the Rt Hono ble East India Comp y for the Good Governm t of the said Island/ C P Sett John Oliver to the Bar Clo: John Oliver hold up thy hand, w ch he Did C P John Oliver Thou standest here Indicted by the Name of John Oliver of the sd Island Englishman for that thou not having the feare of God before thine Eyes Didst on the 10 th Day of [Febr]y 168[9] in the house of mary Matthews Widd[ow] wickedly, violently, and feloniously Comitt a Rape on the Body of Sarah the Daughter of Simon Tucker Planter aged ab t 9 years Con- trary to the Laws of our Sovereigne Lord and Lady King William and Queen Mary and the Laws and the Constitutions of the Rt Hono ble East India Comp y for the good Government of the said Island. | At a continued Court of Justice held on Tuesday 6 May 1690 at the Sessions House near Fort James on the Island of St Helena, John Blackmore, Governor and Judge, presided, with Joshua Johnson, Deputy Governor, and Richard Keelinge, Attorney General. Proclamation was made for all persons concerned to attend. The judge ordered that John Oliver be brought before the court and stated that the matter to be tried was a charge of rape, alleged to have been committed or attempted by Oliver upon Sarah, the daughter of Simon Tucker, a planter, aged about nine years. Oliver was then set to the bar and required to hold up his hand. The indictment was read, stating that John Oliver stood accused that, on 10 February, in the house of Mary Matthews, widow, he had wickedly, violently, and feloniously committed rape upon the body of Sarah Tucker, contrary to the laws of the Crown and the governing rules of the East India Company. Interpretations None. Speculations Perhaps the inclusion of both “committed or attempted” at the outset reflects some uncertainty in the evidence, prompting the court to frame the charge broadly before the formal indictment? It was likely that the explicit mention of the child’s age emphasised the gravity of the offence, both legally and morally? Perhaps the reference to the location-the house of Mary Matthews-indicates that the court was careful to establish the setting as part of the evidentiary framework? It was probably the case that invoking both royal and Company law reinforced the seriousness of the charge and the authority under which it was prosecuted? |
286 | 265 | How Sayst thou John Oliver art thou Guilty of the [Cr]ime of Committing a Rape on the said Sarah Tuck[e]r whereof thou now Standest Indicted, or Not Guilty Prison Not Guilty C B How wilt thou be Tryed B By God and my Country C B God send thee a good Deliverance John Oliver thou hast bin Indicted by the Name of John Oliver of the said Island Englishman for that thou not haveing the feare of God before thine Eyes Didst on the 10 th Day of Feb ry 168[9] 90 In the house of Mary Matthews Widd[ow] most wickedly and feloniously Committ a Rape on Sarah the Daughter of Simon Tucker Planter [aged] ab t 8 years Contrary to the Laws of Sovereigne Lord and Lady King William and Queen Mary, and the Laws and Constitutions of the Rt Hon ble East Ind[ia] Comp y for the Good Government of the sd Island, To which Indictm t thou hast pleaded not Guilty, and hast put thy Selfe upon God and thy Country for the Tryable whereof which Country is now Going to be Sworne Whereof if thou have any thing to object against any of them, Thou mayst make thy Objection when they Come to be Sworne before they [be] Sworne Then the Jury was Called and Henry Coles appointed foreman who was Sworne as followeth You shall well and Truely try and True Deliverance make between our Sovereigne Lord and Lady King William and Mary Queen Mary And the Prison[er] at the bar according to yo r Evidence, So helpe you God and the Contents of this Booke The rest of the Jury was Sworne in these words following. The oath which yo[u] foreman hath taken you and Every one of you shall well and truely observe and keepe accord- ing to yo r Evidence, and the best of yo r Skills and Knowledge, So helpe you God and the Contents of this Booke / | John Oliver was asked how he pleaded to the charge of rape, and he answered that he was not guilty. He was then asked how he wished to be tried, to which he replied, “By God and my country,” and the court gave the customary response. The indictment was restated, and Oliver was informed that he had put himself upon trial by a jury and might object to any juror before they were sworn. The jury was then called, and Henry Coles was appointed foreman and sworn. He was charged to try the case faithfully between the Crown and the prisoner according to the evidence. The remaining jurors were sworn in similar terms, each undertaking to give their verdict according to their knowledge and the evidence. Interpretations None. Speculations Perhaps the repetition of the indictment, including the age of the alleged victim, was intended to underscore the seriousness of the charge before the jury was sworn? It was likely that the formal opportunity to challenge jurors served more as a procedural safeguard than a frequently exercised right in a small community? Perhaps the consistent phrasing of the oaths reflects an effort to maintain uniformity and legitimacy in judicial proceedings under Company authority? It was probably the case that the invocation of both Crown and Company law reinforced the gravity and jurisdiction of the court in such cases? |
287 | 266 | C P Cryer Court these Henry Coales - - - 1 W m Borman - - - 2 Orland[o] Bagley - - 3 Jos a Charlsworth - - 4 John Cannady - - - 5 Tho: Allis - - - - 6 Tho: Boo: - - - - 7 Rich d Geuinge - - - 8 W m Hayes - - - - 9 Tho: Swallow - - - 10 W m Price - - - - 11 Rich d Wills - - - 12 All Good men and True/ A: G: Then the Indictm t was Read againe you Gentlemen of the Jury John Oliver the Prisoner now at the Barr hath bin Indicted and arraigned for Comitting a Rape on Sarah the Daughter of Simon Tucker Planter, aged ab t 8 years which heynous Crime is against the Peace of our Sovereigne Lord and Lady King William and Queen Mary, and the Laws and the Constitutions of the Right Hon ble Lords Comp y for the good Governm t of ye Island/ To which Indictm t he hath pleaded Not Guilty and hath put himselfe upon God and his Country for Tryall thereof which Country you are and you are to Try and know whether the said Oliver be Guilty of the heynous Crime laid to his Charge in the Indictm t or not Guilty if you find him Guilty you must bring him in So if not you shall so say and no more stand together and have this Read no[?] / | The jury members were called over by name, including Henry Coales as foreman along with eleven others, each described as “good men and true.” The indictment against John Oliver was then read again to the jury, stating that he was charged with committing rape upon Sarah, the young daughter of Simon Tucker. The jurors were instructed that Oliver had pleaded not guilty and had placed himself upon trial by them, and that it was their duty to determine, based on the evidence, whether he was guilty or not guilty of the crime. They were further directed that if they found him guilty they should say so, and if not, they should likewise declare it, without adding anything further. Interpretations The repeated formal listing of jurors as “good men and true” reflects a standard legal formula intended to affirm their credibility and moral standing rather than provide any specific evaluation of their character. The restatement of the indictment directly to the jury suggests an emphasis on ensuring that lay jurors clearly understood the charge they were to judge, particularly in cases involving serious offences. Speculations Perhaps the explicit instruction to “say and no more” indicates concern about juries offering explanations or qualifications to their verdicts, which the court sought to avoid? It was likely that the repetition of the charge in simplified form functioned as a practical means of guiding jurors who may not have been familiar with legal terminology? Perhaps the composition of the jury, drawn from local settlers and soldiers, reflects the limited pool of eligible participants in a small colonial setting? It is possible that the structured phrasing of the directions aimed to minimise ambiguity in verdict delivery, thereby reinforcing procedural clarity in the court’s records? |
288 | 267 | Judge Make a Proclamation oyes oyes All manner of persons that Can Give unto the Rt Hono ble English East India Comp a Absolute Lords and prop[riet]o[rs] of this Island their Gov r and Councell Now Sitting as a Court of Justice any Evidence or Information on the Behalfe of our Sovereigne Lord and Lady King William and Queen mary ag t John oliver now Prison r at the Barr Let y m Draw neare and Declare it and they shall be heard for he now stands upon his Deliverance God Save King William & Queen mary & Bless the Rt Hono ble Lords Comp y A:G Then was openly read in Court this following Informa- =tion of Tho: Monke sold r taken and signed by himselfe before the Gov r as followeth. viz t Saturday Febru ry the 22 th 168[9] 90 Tho: Monke sold r informeth that he hath understood all the wid o Matthews house ab t 4 months Last past that on Lords Day the 16 th of this Instant hee by himselfe (afore- said coming) and the wid o Matthews whereon the afternoone Returning home having visited Some Neighbours and as they were Going Downe the Hill to the sd wid o house they heard the voice of a Girle Shriking, Crying and Roaring- out Severall Times the sd wid o said it was the Girl mary Sarah aged 8 years old of Tucker that have [...] Some Time with the said wid o whereupon Monke [...] downe to the house and sd, what the Rogue (meaning Jack oliver her prisoner) is Doing to the Girle that the [...] he [...] out, Whereupon the Inform t Rann into the house where he saw the said Girle Downe on her Back Crying out and the said Jack upon her and Oliver [...] her [...] one [...] and [...] after he [...] the [...] [...] [...] were also Downe about the said [...] | A proclamation was made calling for any persons to come forward and give evidence on behalf of the Crown against John Oliver, who was described as standing “upon his deliverance.” The authority of both the Crown and the East India Company was invoked, and the court formally invited any information relevant to the case. A written information by Thomas Monke, a soldier, was then read aloud. It had previously been taken and signed before the governor. Monke’s statement described an occasion when he and Widow Matthews were returning to her house and heard a young girl crying out loudly. He reported that the widow identified the voice as that of Sarah Tucker, and that he went quickly toward the house. According to his account, he entered and saw the girl lying on her back crying, with John Oliver upon her. Interpretations The formal proclamation demonstrates the court’s openness to additional testimony, suggesting that proceedings allowed for community participation even after the trial had begun. The use of a pre-recorded and signed information indicates that written depositions could be integrated into oral proceedings, rather than relying solely on live testimony. Monke’s account is presented as direct observation, which would likely carry particular weight compared to second-hand reports heard elsewhere in the trial. Speculations Perhaps the reliance on a previously recorded statement reflects practical constraints, such as witness availability or the need to preserve testimony given earlier? It was likely that the dramatic description of the girl’s cries was intended to strengthen the emotional and evidentiary impact of the testimony before the jury? Perhaps the inclusion of both Monke and the widow in the narrative suggests an attempt to corroborate the circumstances leading up to the alleged act? It is possible that the formal reading of such statements in court served to standardise evidence presentation in a setting where literacy and record-keeping were uneven? |
289 | 268 | This informant he asked Jack what he was doing who Replyed nothing but [B]ugging. the Inform t [ask]ed Jack you [...] argue and [soe][r]n[e]l you thy up my Landlady is here Coming Downe and I will tell her then the wid o Comes, who asked what was the matter the Inform t told her he Catched the said Jack in being naught with the Girle, Then the wid o asked the sd Girle what would Jack have done to you, the Girle Replyed he would have bin foule with me but I would not let him/ Tho: Monke Judge - You Gentlemen of the Jury to take Notice that this informan- was Given to me, and the Inform t signed the Same in my p[sen]ce avowed it to be true and that he would sweare thereunto when Ever Called but he was not then Sworne Supposing that might be Done at any time at the tryall But he is Now Shown of the sd Island/ Mary Matthews was Called and Sworne Judge - Mary Matthews what have you to alledge or Say on the behalfe of our Sovereigne Lord and Lady King William and Queen Mary ag t the Prison r at the Barr M: M: Saith being Sworne that shee knows nothing of a Rape which the sd monke did accuse the said Oliver of to her But saith that shee, Sam [coffe][c][t]ing and the said monke were Coming Downe the Hill together to her house, and then they did heare the said Girle Cry out whereupon the said [...] Matthews said to the sd Monke Run Downe and See what is the matter, soe thesd Inform t went to the house, and this the said Matthews with the said Girle [coffe][c][t]ing followed after, when they C[ame] to the house the said matthews asked, the said monke why the said Girle did Cry out, the said Monke said that the said oliver would have bin foule with the Girle, then the sd matthews asked the [...] | The written statement continued, describing that the informant questioned John Oliver about what he was doing, and that Oliver replied in a manner recorded as “nothing but [B]ugging.” The informant indicated that he warned Oliver that the widow was coming and that he would report what he had seen. When the widow arrived, she asked what had happened, and the informant told her that he had found Oliver behaving improperly with the girl. The girl was then asked what Oliver had attempted, and she answered that he would have “been foul” with her, but that she would not allow it. The judge informed the jury that this statement had been previously given and signed before him, and that the informant had affirmed it as true, although he had not been sworn at that earlier time and was now absent from the island. Mary Matthews was then called and sworn as a witness. She stated that she did not know of any rape, despite what Monke had told her. She confirmed that she and Monke had heard the girl crying while approaching the house, and that Monke had gone ahead to see what was happening. When she arrived, she asked Monke why the girl had cried out, and he told her that Oliver would have “been foul” with her. Interpretations The contrast between Monke’s written statement and Matthews’s sworn testimony introduces a discrepancy, particularly regarding whether the act was witnessed directly or inferred. The judge’s clarification about the informant’s absence highlights the procedural issue of relying on unsworn or unavailable witnesses while still presenting their statements to the jury. The phrase “would have been foul” appears to frame the act as attempted rather than completed, which may affect how the charge is interpreted. Speculations Perhaps the admission that the informant was not sworn at the time of the original statement raises questions about the evidentiary weight the jury might assign to it? It was likely that Matthews’s distancing herself from Monke’s accusation reflects either uncertainty, reluctance, or concern about the implications of her testimony? Perhaps the girl’s reported words, as mediated through others, illustrate how testimony could pass through multiple voices before reaching the court? It is possible that the court’s decision to include the written information despite the witness’s absence reflects pragmatic legal practice in a remote colonial setting? |
290 | 269 | the Said Girle what was the cau[se] [...] the [S]aid [...] the Girle Said because the Said Oliver would [have] her [fetch] two payles of Water and Shee would fetch hir and ther[...] the Said Oli: thr[ew] her the Said Girle ag: the table his [...] this Des[on]: Sattisfaction Shee tooke the Said Girle into [s] Inner Roome, and Searched her but did Not finde that the Said Oliver had Done any harme to the Said Girles §H Sam: Hasselbury Corp being Sworne Saith that he[m] [/] the [...] M[...] and the Said Monke [...], were Coming [...] the [...] towards the Said Matthews house and they heard one Cry out Whereupon the Said Matthews Desired the [...] Monke to Runn and See what was the mattr which he Did And the Depon: with the Said Matthews followed after, - Then the [...] Matthews Said to Monky what was therefor[e] that the Girle Did Cry out, the [...] Monke Answered that the Said Oliver would have his fowle with her, then the Said Matthews Did Take the [...] Girle into her Chamber, and Searched her and Came forth [...] [...] there was No harm [...] Sutton Isaac the father of the Said Girle, being Sworne Saith that he Never knew that the [...] Oliver Did offer to - Committ a Rape on the body of Leah his Daughter gi[...] the Said Monky was Runn away of [...] the Said Island[...] Saith Saith that when he heard that the Said Oliver Did offer to Doe any Such thing, he the Said Isaac Did Send for his Said Daughter from the Said Matthews hous[e] and the Said Isaacs wife Did Search the Said Girles, who told him that there was no harme Done to the Girle. §¶ 111 Walter m[as...]den [...] being Sworne Saith that upon one Lords day at Night [...] he the [...] m[as...]den Came from [...] going his past to Lodge at the[...] Matthews and the Said Hasselbury and Monke told h[im] the Said m[as...]den that the Said Oliver would hav[e] his [...] the Said Girle, and that the [...] [...] [...] [...] [...] the Said Girle, [...] [...] [...] [...] [...] [...] [...] [...] | The girl was asked the cause of her crying, and she said it was because Oliver had told her to fetch two pails of water, and when she refused or delayed, he threw her against the table. The widow took the girl into an inner room and examined her, stating that she found no sign that Oliver had done her harm. Samuel Hasselbury, a corporal, testified that he was present with Matthews and Monke when they heard the girl cry out. He confirmed that Monke went ahead to the house, and that when Matthews arrived and asked what had happened, Monke said that Oliver would have been “foul” with the girl. Hasselbury also stated that Matthews examined the girl and reported that no harm had been done. Isaac Sutton, the girl’s father, testified that he had not known Oliver to have attempted rape. He said that after hearing reports, he sent for his daughter from Matthews’s house, and that his wife examined the girl and found no harm. Walter Masden testified that he had been told by Monke and Hasselbury that Oliver would have been “foul” with the girl. Interpretations The repeated emphasis on physical examination of the girl, and the consistent claim that no harm was found, introduces evidence that contrasts with the earlier accusation. Hasselbury’s testimony supports parts of Monke’s account (the crying and immediate suspicion) but does not confirm direct observation of any act. Sutton’s testimony shifts the evidentiary weight further toward absence of physical injury, while also indicating that knowledge of the event circulated through report rather than direct witnessing. Masden’s evidence appears to be second-hand, relying on what others told him rather than personal observation. Speculations Perhaps the reliance on physical inspection reflects contemporary expectations that proof of such a crime required visible injury? It was likely that the divergence between accusation and examination created uncertainty for the jury regarding whether an offence had been completed or merely alleged? Perhaps the repeated reporting of what Monke said, rather than what others saw, indicates that his absent testimony remained central despite its indirect transmission? It is possible that the father’s testimony was intended to reinforce doubt, particularly by emphasising his own household’s verification of the girl’s condition? |
291 | 270 | John [Sot][...][...] Planter being Sworne saith that m r Isaac did Declare unto him that the sd Girle did [sa]e unto him that the sd Oliver did attempt to put his hand under her Coats but the sd Girle would not Lett him, Rich d Boddes being Sworne saith that the Monke Did say to [Dei] that the sd Oliver had done no harme to the sd Girle when he Came Downe the hill, but there might have bin harme done by the sd Oliver to the sd Girle, if he the sd Girles had not [pr]evented it, Judge John oliver [spea][k] for yo r Selfe you have heard the Severall witnesses what they have sworne P All that I Can say is that I never did [of]fer her or offer to Doe any thing Like Rape to the sd Girle of Simon Trac[ke]r or anyone Else. Judge - Have you any thing to say before the Jury withdraw P: Noe I am wrongfully accused by monk[s] declarations, I Leave my Cause to God and the verdict of the Jury Judge -- You Gentlemen of the Jury you have heard all that have bin Evidenced, m r [Off][...][...] seem[s] to Declare that the sd Girle[s] Father Did Declare unto him that the sd John oliver Did Attempt to put his hand under her Coats, Monke in his Information saith that the sd Oliver would have bin foule with the sd Girle Maplesdin saith that [Sta][ffe][...][...] and Monke told him that the sd Oliver would have bin foule with the sd Girle, and monk Did tell Boddes there would have bin harme Done to the sd Girle by the sd Oliver if it had not bin [pre]vented, pray take Notice and Seriously Consider of all [Ci]rcumstances that you have heard from the witnesses of this matter, and God Direct you to bring a true Verdict / | John Sot[...] stated under oath that Isaac (the girl’s father) had told him the girl said Oliver tried to put his hand under her clothes, but she refused. Richard Boddes testified that Monke had said Oliver had done no harm to the girl when he came down the hill, though harm might have occurred if he had not been prevented. John Oliver was then asked to speak in his own defence. He denied that he had offered or attempted to commit rape upon the girl or anyone else. He added that he was wrongfully accused by Monke’s statements and left his case to God and the jury. The judge then addressed the jury, summarising the evidence. He noted that one account suggested an attempt to put a hand under the girl’s clothes, while Monke’s information stated that Oliver would have been “foul” with her. He also referred to testimony indicating that harm might have occurred but was prevented. The jury was instructed to consider all these circumstances carefully and to return a true verdict. Interpretations The judge’s summary highlights a shift in the case from an alleged completed act to varying accounts of attempted misconduct. The convergence of testimony around prevention-rather than completion-suggests that the central issue for the jury was whether intent and attempt sufficed for conviction. Oliver’s defence rests entirely on denial and the discrediting of Monke’s account, indicating the importance of that single absent witness. Speculations Perhaps the repeated framing of the act as something that “would have” happened reflects uncertainty or hesitation among witnesses to assert a completed offence? It was likely that the distinction between attempt and completion carried legal significance, influencing whether the charge of rape could be sustained? Perhaps the reliance on reported speech (what the girl told others) indicates limitations in directly examining child witnesses in court? It is possible that the judge’s structured recap was intended to guide the jury toward weighing inconsistencies rather than focusing on any single testimony? |
292 | 271 | Then the Jury withdrew and stayed ab t two hou[rs] when returnd they gave a verdict C P You [Gent][...] of the Jury answer to yo r Names, w ch they Did C P are you all agreed on a verdict Jury Yea yea y e a C P Who shall speak for you Jury The foreman. C P Sett John Oliver to the Barr C P You Gentlemen of the Jury looke well upon the Prison[e]r at the Barr is he Guilty of the Heynous Crime and felon[ious] [offen]ce of Committing a rape on the Body of Sarah Trace whereof he now stands Indicted or Not Guilty Jury Not Guilty Judge - Record the verdict which was done C B You Gentlemen of the Jury hearken to the verdict as the Court hath recorded it C B Then the record was Read C B You say that John Oliver is not Guilty of the heynous Crime of rape whereof he stands Indicted/ C B So saith the foreman so say you all Jury Yea yea C P Downe on yo r kne[e]s w ch the Prison r did God Save King William & Queen Mary and Bless the Rt Hono ble Comp a and the Bench / | The jury withdrew for about two hours before returning with their verdict. They were called over by name and confirmed that they were all agreed. The foreman was appointed to speak on behalf of the jury. John Oliver was set to the bar, and the jury was asked whether he was guilty or not guilty of the offence charged. The jury answered that he was not guilty. The verdict was recorded and then read aloud in court, confirming that Oliver was acquitted. The prisoner was then instructed to kneel, and a formal proclamation followed. Interpretations The unanimity of the jury suggests that, despite conflicting testimony, the evidence did not meet the threshold required for conviction in their judgement. The formal repetition and recording of the verdict reflects the procedural importance placed on clarity and finality in court decisions. The act of kneeling following acquittal indicates a ritualised conclusion to the trial, linking legal outcome with expressions of loyalty and order. Speculations Perhaps the length of the jury’s deliberation reflects the need to reconcile inconsistent accounts, particularly between allegation and physical examination? It was likely that the absence of definitive evidence of harm contributed significantly to the not guilty verdict? Perhaps the reliance on second-hand testimony and the absence of the key informant weakened the prosecution’s case in the eyes of the jury? It is possible that the court’s structured closing ritual reinforced authority and legitimacy, even in cases ending in acquittal? |
293 | 272 | Then the Jury were Dismissed w th thanks for theire Attendance The Court upon Consideration of Severall pticular things Mentioned in the said Monks Declaration, and in Severall wit- =nesses Depositions pticular that the said Oliver did Attempt to put his hand und r the aforesaid Girles Coates and other base actions tending to Lasciviousness It was Judged that he Deserved Some Corporall Punishment to Deter him and other bad and vicious fellowes from attempting the Like or worse wickedness. Therefore it is ordered That the said oliver shall be Tyed to the Gaolpost, and there to Receive 21 Lashes on his Naked body in the face of the Court and Country, which accordingly was done, and then Sett to his M r the wid o Matthews/ J Blackmore Gov r Josh: Johnson Dep ty Gov r Kelinge att y Gen | The jury was dismissed with thanks for their attendance. The court then considered particular points raised in Monke’s declaration and in several witness depositions, especially that Oliver had attempted to put his hand under the girl’s clothes and had engaged in other behaviour described as lascivious. Although he had been acquitted of rape, the court judged that he deserved corporal punishment. It was therefore ordered that Oliver be tied to the gaol post and receive twenty-one lashes on his naked body in public. This punishment was carried out, after which he was returned to his master, Widow Matthews. Interpretations The court’s decision to punish Oliver despite acquittal indicates a distinction between the specific charge of rape and other forms of misconduct considered punishable. The reference to “lascivious” behaviour suggests that lesser moral or sexual offences could still be sanctioned even when the principal felony was not proven. The public nature of the punishment implies an intention to reinforce social discipline beyond the individual case. Speculations Perhaps this outcome reflects a legal framework in which courts retained discretionary authority to impose punishment outside the strict bounds of the indictment? It was likely that the court sought to balance the jury’s acquittal with its own perception of improper conduct, avoiding complete exoneration? Perhaps the emphasis on deterrence indicates concern about maintaining moral order in a small and closely governed community? It is possible that returning Oliver to his master after punishment reflects assumptions about ongoing supervision and control within household or labour relations? |
294 | 273 | Island St Helena. Att a Court Martiall of Military officers Held att fort James on Tursday the seventh of October 1690 Present Col t John Blackmore Cap t and Gov r Cap t Joshua Johnson [...] & Deputy Gov r Richard Keelinge Ensigne & Att y Gen ll Tho: Cap t Bowier 4 th of Councill Henry Manning Chirurgeon Andrew Phillip Ceife Gent: Israel Hayles M[...] Sgt Henry Jackson John Field - - - } Serj t Tho: Goodwin Gent: Chiefe mate Sam l Staffe[...]ury } Edw d Bulling } Corp ll Information was Given that Tho s Easton sold r had neg- lected his Duty in not Comeing to the [...] and that he had not Repaired with the [...] [...] upon an Alarme on the 28 th of June Last at the Sight of an [...] comeing unto the sd Island, of 4 [...] [...] comeing out that they might be an Enemyes/ The said Easton acknowledgeth the Information to be true and saith that at that time he was under some Distraction for Some Days together through his Intemperate Drinking, but pray[s] the mercy of the Court Then the Court Martiall were [...] and [...] the [...] of the Duty a great and pticular fault that wh[...] =ever shall be Convicted of Drunke on Duty Negligence and [...] =cause shall be Banished all [...] and the [...]ieve of Death in Camp or Garrison saith No man shall [...] or faile to Come to his Rendezvous in Garrison appointed by the Councill Generall or Gov r upon paine of Death/ All which was [...] Read unto the sd Easton the Prisoner and what he had to say for himselfe | A court martial was convened, listing its members, including the governor, deputy governor, and other officers. Information was presented that Thomas Easton, a soldier, had neglected his duty by failing to respond to an alarm on the 28th of June, when a vessel approached the island and was feared to be an enemy. Easton acknowledged that the charge was true and explained that he had been in a state of distraction for several days due to excessive drinking. He requested the mercy of the court. The court martial then considered the seriousness of the offence, particularly neglect of duty during an alarm. Relevant articles of military law were read to the prisoner, including provisions that drunkenness on duty and failure to attend a rendezvous could be punished severely, even by death. Easton was then asked what he had to say in his defence. Interpretations The reading of specific articles of military law indicates a structured legal framework governing discipline, particularly in matters affecting security. Easton’s admission of guilt shifts the focus of the proceedings from establishing facts to determining appropriate punishment. The emphasis on response to an alarm highlights the perceived vulnerability of the island and the importance of readiness among soldiers. Speculations Perhaps the explicit mention of potential enemy ships reflects broader anxieties about external threats in a remote colonial setting? It was likely that intoxication was treated as an aggravating factor because it directly impaired military readiness? Perhaps the formal recitation of penalties, including death, was intended to underscore the gravity of the offence before sentencing? It is possible that Easton’s appeal to mercy suggests an expectation that mitigating circumstances, such as his stated condition, might influence the court’s decision? |
295 | 274 | The said Easton acknowledged his [...] [...] true and promised never to doe the like for the future; Then it was put to the Question wheather the said [...] offences were not within the foresaid two Articles, and Every [...] [...] Gave his [...] the Majority was in the affirmative; But the Court Did not thinke fitt to inflict the Sentence of Death which the Last article Expects, but rather Re- =served his banishment to Discretion as it is in its [...] And Every one of the Court beginning from the Inferiour to the Superiour Declaring their opinions did the Majority Conclude it that for the said Easton Should be Condemned to prison there to continue untill the next Receipt Day of the Goods, and on the first time to [...] have the Muskett tyed on his [...] and walke round the fort for one houre, when Committed againe to prison there to Con- =tinue untill the next Receipt Day and then [...] againe Six muskett one houre at a foot soe to encrease/ John Calemoth [...] was accused for [...] [...] and [...] where he was [...] Centinell on Munday the 18 th of September Last past and that he run away through from the Guard by his [...] into the [...] where he Continued untill he was apprehended and brought to fort James/ The said Calemoth Confesseth the accusation and [...] on his knees Desired the Mercy of the Court Then the Law Martiall was perused And the [...] in Duty in Camp and Garrison saith That a Centinell or [...] Guard a Ship or Division or for- =tifying the place that shall leave [...] before they be Dismis- =sed, Shall Dye for the offence without mercy And the 12 th article in Duty saith Noe man that is enrolled Shall Depart from the Army or Garrison or from his Colours without [...] upon paine of Death Both which were Read in Court in the hearing of the sd Calemoth which was to [...] what he had to say for himselfe/ | Easton admitted the truth of the charges and promised not to offend again. The court considered whether his actions fell under the relevant articles of military law, and the majority agreed that they did. Despite this, the court chose not to impose the death penalty prescribed by the articles, instead reserving punishment at its discretion. Each member gave an opinion, and the majority concluded that Easton should be imprisoned until the next “receipt day.” He was also ordered, on the first occasion, to have a musket tied to him and to walk around the fort for one hour, after which he would be returned to prison. This punishment was to be repeated and increased on subsequent occasions. John Calemoth was then accused of leaving his post while on sentry duty and fleeing from the guard, remaining away until he was apprehended and brought back to the fort. He confessed the accusation and, kneeling, asked for mercy. The court then reviewed the articles of martial law relating to sentinels and desertion. These articles stated that leaving a post before dismissal, or departing from the garrison without leave, was punishable by death. These provisions were read aloud to Calemoth, and he was asked what he had to say in his defence. Interpretations The court’s decision in Easton’s case demonstrates a discretionary approach, applying the law’s framework but moderating its most severe penalty. The structured escalation of punishment suggests a system designed to discipline through repeated exposure rather than immediate extreme sanction. Calemoth’s case introduces a more serious category of offence-abandoning a post-which is explicitly linked to capital punishment under the articles. Speculations Perhaps the court’s reluctance to impose death in Easton’s case reflects a pragmatic approach to maintaining manpower in a small garrison? It was likely that public and repetitive punishment was intended to reinforce discipline visibly among other soldiers? Perhaps the formal reading of capital statutes to Calemoth served to heighten the gravity of his situation before judgement was passed? It is possible that Calemoth’s immediate confession and plea for mercy indicates an expectation that the court might temper strict legal penalties with discretion, as in Easton’s case? |
296 | 275 | The said Calemorth replied he had Nothing to say but begg’d mercy upon his knees/ Then it was put to the Question wheather the sd Calemorth Crimes were not within the foresaid two Articles The whole Court agreed in the affirmative Then the Court took [...] order and Information above written that Deserue Death or Letters were mentioned in the 4 th Paragraph of the sd Law brought by the Space mentioned was proved and Confessed And the Sentence of Death mentioned in the sd Articles two Articles was for the Court thought fitt to be Suspended But it was unanimously agreed that the sd Calemorth should be Continued in prison and to be in Irons untill further order [...] Blackmore Gov r [...] Johnson Memorandums that this Court [...] martiall was sent to the sd Officers [...] the sd Articles [...] John Brisco who sat as President St Helena on Tursday the 21 st Day of October 1690 | Calemorth replied that he had nothing to say in his defence and instead begged for mercy. The court then considered whether his actions fell within the relevant articles of military law, and all members agreed that they did. It was acknowledged that the offence, as defined and admitted, was punishable by death under those articles. However, the court chose to suspend the sentence of death. Instead, it was unanimously agreed that Calemorth should remain in prison and be kept in irons until further order. Interpretations The unanimous agreement that the offence met the criteria for capital punishment underscores the seriousness with which abandonment of post was regarded. The suspension of the death sentence reflects a pattern of judicial discretion, even where the law prescribed the most severe penalty. The imposition of irons suggests an additional layer of restraint and control, marking the offence as particularly grave despite the reprieve. Speculations Perhaps the repeated suspension of death sentences indicates a reluctance to enforce capital punishment except in the most extreme or unavoidable cases? It was likely that imprisonment in irons functioned both as punishment and as a visible warning to others within the garrison? Perhaps the court balanced strict legal provisions with practical concerns, such as maintaining manpower or avoiding excessive severity? It is possible that the formal acknowledgement of the capital offence, followed by mitigation, served to preserve the authority of the law while allowing flexibility in its application? |
297 | 276 | I have Received yours with abundance of Satisfaction for learning [...] as I [...] Health and welfare and my wishes are [...] in Mayds Continue, Mr [...] has [...] your Letter as more in Course of a Journey In which [...] you have been pleased to Mention Mr Griff[...] and My self, tho it appears by it that it is but on [...] than Mr [...] [...] not [...] for [...] or be about [...] ready, thought be your Letter I doe wonder at, If your [...] absolutely [...], as I know she, Mr [...] being dead, James [...] has been a very [...] witness to [...] of your family, would [...] did he desire [...] (if it may be serviceable to you) [...] that [...] me to [...] from Mrs Lane made demand of [...] you to Mrs Goodwin (now Madam [...] ) of the Effects belonging to Robert Goodwin (that are in her hands) but she is not willing to Lett that go and says that you have no Right to in although it appears very plain to me and others that by these Rights of your first wife also Robts Effects fall to you, and they are [...] and Convinced of in themselves, but design to [...] till it is [...] without a [...] or Law, and will keep it as Long as they Can whilst [...] Hands, they would have had it [...] [...] [...] [...] thought And I have not been willing as yet to proceed your [...] against the Judgments of those [...] knowing here is Nothing [...] partially than [...] know, and that most [...] are not well affected for your and Robts business [...] no James [...] has [...] your [...] or [...] the [...] is the [...] [...] case and to be [...] [...] way, which was upon [...] by Jonathan [...] and my self he has granted And my self for your service if this Mr [...] for you will bring 20 Acres Land and [...] [...] it is no [...] of the good [...] of [...] for [...] and I know that [...] Country [...] be whereof Can [...] by which some had it [...] [...] for his it [...] 175 [...] Coming [...] for half a Years victuals, you [...] [...] to send you 200 [...] [...] [...] and will later Come to say you as [...] of the [...] his last [...] 40000 yards belonging property to your [...] came [...] but [...] [...] [...] if you do [...] produce the sale [...] for several [...] you in order to Loosen him, 22 Acres [...] several [...] while no [...] where as he should have [...] him 16 Acres, [...] Mr [...] would be willing to lett you know what they have now in possession [...] to say [...] of what [...] there had been made of the Estate of the Creditor they have [...] in the [...] have no mind to agree to it untill further order from you as what I suppose you were to be then done [...] by first opportunity meaning of [...] came a third quarter above referred to see Book [...] No 11 p 23 | The writer expresses satisfaction at receiving the recipient’s letter and conveys good wishes for their health and welfare. Reference is made to a journey and to individuals including Mr Griffin and others, though the relationships and details are partly unclear. The letter then turns to a dispute over property connected to Robert Goodwin. It states that Mrs Goodwin (now remarried and referred to as “Madam”) is in possession of Robert Goodwin’s effects and is unwilling to release them, claiming that the recipient has no right to them. The writer indicates that, in his view and in the view of others, the recipient does have a rightful claim, apparently through a prior marriage, but that those holding the property intend to retain it as long as possible unless compelled otherwise. He explains that he has hesitated to take action without clear instruction, noting that local opinion may not be favourable and that proceedings might be handled partially. There is mention of James (name unclear) as a witness or participant in the matter, and of efforts to pursue the claim through available channels. The writer refers to land-possibly around twenty acres-and other assets, suggesting that these could be of use or value to the recipient. There are also references to goods, including quantities of cloth or similar materials, and to transactions or accounts connected with them. The letter suggests that some parties are unwilling to settle accounts or disclose the full state of the estate without further direction from the recipient. The writer concludes by indicating that more details or instructions should be sent at the first opportunity. Interpretations The letter was probably written by Mr Bazett. The document reflects an ongoing dispute over inheritance or property rights, with competing claims and reluctance among those in possession to relinquish control. The writer positions himself as an intermediary, cautious about acting without explicit authority due to concerns about bias or local conditions. The references to land and goods suggest that the estate in question includes both real property and movable assets. Speculations Perhaps the resistance of Mrs Goodwin and others indicates a contested interpretation of inheritance rights, particularly involving remarriage and step-relations? It was likely that the writer’s hesitation to proceed reflects awareness of limited legal enforcement or partiality within the local system? Perhaps the mention of land grants and goods points to the broader economic context of the island, where property and trade items were closely intertwined? It is possible that the recipient’s absence created practical difficulties in asserting claims, allowing others to delay or control the outcome? |
298 | 277 | As I have imposed upon My self as a duty to mys[el]f no opportunity whe[...] prefented to offreing to you, I have [...] to [...] [...] these lines, First to Congratulate your safe Arrival Into England; And also to wish you Joy and happiness in ye state of matrimony in which you are a present And Also to Informe you, that after Having Suffered a Long persecution, and Continual[...][...] with our gov r there; is a Little Cessation of Armes, but how Long it will Continue the [cro][o][k]n[ess] of Humane Nature will not suffer me to Guess, I do Believe that he has done his indeavour to Gett me dismisse from the Honoble Comp as Service But has not either to obtained his Desire as you seem, to Intimate in the Letter you Writt to M r Griffiths Son as I see as before we arrived I do not Question of that you put to your Helping hand in Representing to ye Honoble Comp a how I was used and agone had in ye breach, [w] If mee as much as you said cannot prevent any thing that would have been Detrimentale to your friend a Little while ago y t you [...] me [...] [int]ended Me and drive me out of ye Count[ry] service, for nothing my Last, as I can make appear [one][...] [...] [...] [thinking] having had the happiness to Come in under your favour after a Long time of Strips and Calamity did he as ye [pr][o][te]st[or] pharoe, [s]till[er] forget his fellow Sufferer, And through his [mis][e][r][a]ble avarice the Gov that brought us to pass, by whom as [p]rofi[...]e as much in his favour as ever she it her memories donnie Bun L[ill] Goods [...] [...] Cap t [pa][u][l] [De][...] 5 days ago, that Left the store in a Confusion have made the Reckoning with either freemen or for service he Came in my [a][f][t][e]r [...] we did Service Give or [sa][...] he Given to ye store 100 [...] this Long time yett did Every Story much Concerned that they Cannot tell how affairs stands will throw in Store [...][...] from now [...] in as a store keeper untill it please the Honoble Comp a to send another, or Confirmed within in due [...][...] Could do his matter to hinder it, I never way [...] how in ye time his Confusion as it has been in ye Store [room]s, he as well as every [s][o]rt of a man he [w]ords just as [g][...] [g][...] [s]aid there as I hear you [s][a]r[...] That all ye [wh][o]lesales and [...] have some [lo]v[...][...] no their wives | Mr Bazett writes that he has taken it as a duty to communicate whenever possible and has therefore sent this letter. He begins by congratulating the recipient on their safe arrival in England and on their marriage, wishing them happiness in that state. He then reports that, after a long period of conflict and “persecution” involving the governor, there is now a temporary pause in hostilities, though he expresses doubt about how long it will last. He states his belief that the governor had attempted to have him dismissed from the East India Company’s service, but had not succeeded. Mr Bazett refers to a letter the recipient had written to Mr Griffith’s son, suggesting that the recipient had supported him by representing his situation to the Company. He expresses gratitude for this support and suggests that it helped prevent actions that would have harmed his position. He reflects on his past difficulties, describing a period of hardship before benefiting from the recipient’s favour. He criticises the governor, portraying him as motivated by self-interest and inconsistent in his treatment of others. The letter then turns to conditions in the store, describing confusion in accounts and management, with uncertainty among those involved about the state of affairs. Mr Bazett indicates that he has taken on the role of storekeeper for the time being, until the Company appoints or confirms someone else. He suggests that others are dissatisfied or uncertain about how the store has been managed. Interpretations Mr Bazett presents himself as both a victim of mistreatment and a loyal servant of the Company, emphasising endurance and eventual partial vindication. The reference to the recipient’s intervention suggests the importance of patronage networks in influencing Company decisions. The description of disorder in the store points to administrative weaknesses and possible tensions over accountability. Speculations Perhaps Mr Bazett’s account of persecution reflects broader factional conflict within the island’s administration rather than solely personal grievance? It was likely that appeals to contacts in England were a key strategy for defending one’s position within the Company hierarchy? Perhaps the confusion in the store accounts indicates either mismanagement or contested control over resources? It is possible that Mr Bazett’s emphasis on his own role in restoring order serves to strengthen his claim for formal appointment or continued employment? |
299 | 278 | Since their arrivall and that now with the acclamations of both and show’d their [...][...] have them and [how] well pleased they were, I have that was in ye stores [...][...] say and know that has & been the use at formerly [th]ing[s] [b]eneath has been so backward as they are now. And if you had been an Insensible[...][...] in now seeing all wrongly [since] and can certain I should have found abundance of [sympathy] added there had I had any into the perusal of [their] [wri]t[ing]s but I could not obtain it, of them and they Countenanced by [you] [...] M. Pack died 3. April 1713. M. Bazett succeeded as [...][...] [H.] M. P. 25.- a was therefore writte of the above See also Book of Leave No. 4 p. 230. Court complaints how Bazett had been kept from assisting in the Stores - See: examination of W. Bazett styled a worthy assistant[?] idem 2[...] | Mr Bazett continues by describing the reaction of others following recent arrivals, noting that there were visible signs of approval and satisfaction among them. He contrasts present conditions in the stores with earlier practice, suggesting that matters are now handled differently and perhaps less effectively than before. He remarks that, had the recipient been able to observe the situation directly, they would have recognised the disorder and likely shared his concern. He also indicates frustration at being unable to access certain documents or writings, implying that others withheld them and were supported in doing so. The passage then shifts into later annotations or archival notes, recording that Mr Pack died on 3 April 1713 and that Mr Bazett succeeded him in a role connected with the stores. It also refers to additional records, including a “Book of Leave” and court complaints, noting that Bazett had been prevented from assisting in the stores and was described in one examination as a “worthy assistant.” Interpretations The contrast between past and present management of the stores suggests that Mr Bazett is arguing for a decline in standards or proper procedure. The complaint about restricted access to documents indicates internal conflict and possible attempts to control information. The appended notes appear to be later archival additions, providing context about Bazett’s career and disputes over his role. Speculations Perhaps Mr Bazett’s emphasis on mismanagement and exclusion reflects an effort to justify his own authority or to strengthen his case for formal recognition? It was likely that control over records and accounts was a source of power, making access to them a point of contention? Perhaps the later annotations were added by a clerk or historian to link this letter with subsequent events in Bazett’s career? It is possible that the description of Bazett as a “worthy assistant” reflects retrospective support for his position in earlier disputes? |
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303 | 282 | Our Gov r & Councill of St: Helena London y e 16 th [...] Aprill 1700 Generall &c ship Nathaniel to Capt Ratcliffe and w th origin ll July 10: 1701 We have before us your severall letters from ye 24 th June 1699 to ye Rec t by ye Fleet frigher w th read how to Make [...] observations upon [...] and Jonathan you Refuse Answer, to w ch we think [...] & - Enclosed we send you a Copy of our former [...] to 20 th of Oct r 1699, w ch went
by Ship Duncomb to ye Cape de bona Esp, and w ch from thence both your & ye [...] Remaining Shipping, [...] ye Goods therein Mentioned to be Supplyed you from India & either to [...] or by [...] annually, send us your Desires, and we will take Notice &c according to our future Letters,
3 We observe in your Letter of 24 th June after [...] of severall ordinary Demands sent our Land, but in regard one half or [...] of that is lost and you spend so much of any more by one Indenture Officer, & it is say it highly becomes us to observe what ye revenew & charge, we do generally [...] yet please you write to Capt Browne whereof we have no return as to Many [...] from time to time Drawn upon us of w ch we easily you can spare from our Necessity Occassion, we would have you send an account such as by [...] [...] we would have you send an account such as by [...] [...] Managers and one Charge of Beanes Supposed - Our present Circumstanced (Unless our [...] being [...] and promtly visible
we very well approve the carefull receipt to all ye you have for ye and all humility to be [...] a kind of ever expected Divine protection that Blessing all our Labours when before in Authority bear your ample & Information of their Reformation is Ordered thereby much more than otherwise it would be.
5 We take Notice of your reason for allowing Mr Vanakel her [...] as your Generall Table [...] under your Mistress there has any Bodys word and Information in such Effect, unless you have in particular have so [...]. - Your care for bringing Condr day Strictly we approve, but must add some have
remember to your [...] yo do Many are allowed, at all times and to Generall [...] & all Civillized Nations, to ye worke Day with an in Degree [...] and there no shall not be enjoined in extent thereof, though [...] are restrained from taking [...] or other [...] on work day, yet there is still an ought they be allowed to do any Service Work on that day w ch can without Prejudice be deferd to Next, - We can by no means receive any Excuse for not sending us Acc ts, you make returns
[...] yearly of Stocks [...] for [...] if we may at all times see ye State of our affairs there. We command you send Bills of each Ships by ye India Yearly [...] and you have & done [...] to them, & we may speedily see whether they have Grown all our Acc ts after their Departure, - You will have heard before this of Random being an affair w ch is not to be well on St
Cornwall Occasioned as we reckon by ye [...] Commanders and [...] breach by the [...] & manner, and our [...] Comp t in ye Thomas, who being better advised and has [...] Declaration to him create a further Difference to and all is [...] have allowed the Miscarriage might have bin prevented if Mr [...] had [...] on this however if such another such Ship come into your Road and any [...] and [...] other at ye same times fleet Commander, We have [...] it highly to be for safe [...] whether ships of such an able Mate or so are not willing to go on shoar, and why our [...] [...] & [...] the Mercht of Sea as is Capt Travers, We would not have without a great Necessity Intermeddle in forcing appointing any officers [...] Succession respect his Island Military, or [...] lay his blame at your door - Mr Humphreys is come before us and [...] [...] his [...] for a cause upon him
his are sorry his proofs so contrary to [...] we have received from [...] if we can- not see Contrary whereof concerning w ch we may Receive uncontradicted Testimoniall we should not send him otherwise We think it safer there to send none at all /
| The letter is addressed to the governor and council of St Helena and dated in London, April 1700, with later receipt noted in July 1701. The writers acknowledge receipt of several letters from the island and refer to earlier correspondence, including instructions sent via ships to the Cape and onward to St Helena. They state that supplies are to be sent from India and instruct the island authorities to communicate their needs so that future provisions can be arranged accordingly. Attention is drawn to financial matters, particularly the need to account for revenue and expenditure, with concern expressed about losses, spending, and drafts made upon the Company. The writers require that detailed accounts be sent regularly, including statements of stock and financial condition, so that the Company can understand the state of affairs on the island. They comment on governance and discipline, approving certain measures while also advising moderation in enforcing work, particularly regarding labour expectations and allowances. The letter also addresses specific administrative decisions, including allowances granted to individuals, and calls for justification where such decisions have been made. There is discussion of maritime matters, including the handling of ships arriving at the island, with instructions to avoid unnecessary interference in naval or merchant affairs unless required. Reference is made to an individual, Mr Humphreys, whose claims or case are viewed with scepticism due to conflicting reports, and the writers indicate caution in accepting or acting upon his representations. Overall, the letter combines administrative oversight, financial instruction, and commentary on governance practices. Interpretations The document reflects close metropolitan supervision of the island’s administration, with emphasis on accountability and regular reporting. The repeated demand for accounts suggests concern about financial management and possible irregularities. The mixture of approval and correction indicates an attempt to guide rather than fully censure the island authorities. Speculations Perhaps the insistence on detailed accounting reflects broader concerns within the Company about mismanagement in distant settlements? It was likely that communication delays required such letters to combine multiple issues, resulting in a wide-ranging and directive tone? Perhaps the caution regarding interference with ships reflects tensions between Company authority and independent maritime actors? It is possible that the case of Mr Humphreys illustrates difficulties in verifying claims across long distances and reliance on conflicting testimony? |
304 | 283 | 10 We will not find fault with your supplying of French men of war with [...] in time of Peace, and of Ships in enemy since 1692, in case of such obliging they stand not in Countrey Ships [...] we observed also that we do not often Men of war, they make pay Prizes, except Merchant Ships they come in here, we order to enable them to stand in form one of our Ships; we think proper again, and since a great charge of [...] without continuing to dispose of those, we think one may be given to our & Dutch receive they should or give like regiments knowing the [...] their factors 11 We have perused and more Letters to find out that small matter of prejudice happens we propose to receive agreeable that which has been sent to the rest of the Islands and return your Measure in favour to your Commander should we think fit and leave honest Service not found under our Conditions, looking forward Ships and keeping up freemen and sufficient Ministers, we will give you our Opinion concerning your [...] of Trade should only be taken of Persons which are Qualifyed, they must not [...] into regular practise, we may expect (the care) of them by you, Account of Examination power of duty, which you may allow of sufficiently for one year will be sent to some Shipp, and this we expect you look upon as our positive order that all duties of Service better lay, it must be your care that this order be not evaded by one Ship supplying another Demanded in May, perhaps more will appear best May occasion of yours, and upon this care, if they do not shall be liable to your [...], and you are not to continue justification, but we shall do to his Employers, when of many [...] however 12 We observe you propose as to Returning Ships Victualling them to stay in India with Respect to Voyage, and if they should expect only for present that we Holland lying upon them we would be Conform to, and shall continue all our Commanders and Council to send for you, & cannot for Cape or Menuishable places, but only Shipping and your Island, we shall Insist your care that our own Ships shall be furnished sufficiently and all others which come to you are able, but this respects only such as Coast of India Occasion, as we are told that want of Victualls, or Maintenance and trading from thence when they come themselves have to stand for want of Provisions, to prevent such [...] both for present do you Commission Commander do if they have not sufficient store on board and you suffer them Ships still as to Market prices, to be for Money goods or what they desire &c or Vice Demand upon him or upon us, we shall regard so that English here, &c if they refuse to give you Satisfaction, we take your supply to Stock of the Island leave to the best to him 13 As to ye Quality of your [...], we intend you are in mind to examine more in time of Harvest; Your Decease, what we now signify is that you have first Call on what you have, specifying it there be more that have not approved to receive it and for Encouragement of ye Inhabitants who belong that in such Prov[...] from hence is apparent here by your Own you have Strict to settle into our Stock in Credit of the Island, 14 Mr [...] has made application to us on acct 19 th December [...] of your Intention, that in regard it is by you not one of our Interest for it, we understand him to be not one we need to order you, being we find opportunity from receipt thereof, we will take care to send some of Skilled Servants 15 We understand by his Letters that he has a mind to reside as a Free Merchant in India which we allow, and accordingly consent to send you any Goods he shall procure your Ships accordingly for his own goods as he will, we expect you give him good Account of his proceedings with particular mention as the place he intends to Reside or running of Covenant when Executed, 16 We are sorry there should be factions among our Councills, which seems to have [...] we have too Many Instances it is a vice which doth not agree with good Service thereof, we pray & hope so much we have signified Mr D[...] from his long [...] Governour and our Service finding so much cause to be so, as well as [...] which is much his Superiours as other his Characters it may reflect him to receive no Benefit or satisfaction of his [...] which occasioned and appears upon his returning Ships under his Command come home on which he likely ships, we have elected by the Ballots Mr [...] Freer for the said Island and do hereby approve and Mr Goodwin will cooperate with our Governor in all things for promoting our service 17 &c | The letter continues with further instructions and observations from the Company to the governor and council of St Helena. The writers state that they do not object to supplying French men-of-war in time of peace, nor to assisting ships even when connected with enemies under certain circumstances, provided this does not disadvantage Company interests. They discuss interactions with other European powers, including the Dutch, suggesting reciprocal expectations in treatment and provisioning. The Company notes that it has reviewed additional letters and expresses a general intention to maintain order and proper conduct, including regulating who may engage in trade and ensuring that only qualified persons are involved. They emphasise that duties and responsibilities must be enforced and not evaded, particularly in relation to ships supplying one another or avoiding obligations. Attention is given to the provisioning of ships, with instructions that Company vessels must be adequately supplied, and that others arriving should also be assisted where appropriate, especially in cases of need. They warn that ships should not be allowed to depart without sufficient provisions and outline expectations for payment or compensation for supplies. The letter also refers to agricultural production and local resources, indicating that the island’s produce should first serve Company needs, with surplus managed accordingly. There is mention of individuals applying for roles or permissions, with the Company indicating that it will send skilled servants where necessary. One individual is permitted to reside as a free merchant in India, with instructions that his activities be monitored and reported. The writers express concern about factions within the council, describing such divisions as harmful to good service and discipline. They refer to dissatisfaction with a governor’s conduct and note that a new appointment has been made, with instructions that cooperation be maintained for the Company’s benefit. Interpretations The letter reflects detailed administrative oversight, extending beyond finance into trade regulation, diplomacy, and internal governance. The concern about factions indicates internal instability within the island’s leadership, which the Company sought to correct through oversight and appointments. The instructions on provisioning and trade suggest the island’s strategic role as a supply point within wider maritime networks. Speculations Perhaps the tolerance for supplying foreign ships reflects pragmatic diplomacy in a remote location where strict enforcement might be impractical? It was likely that regulating who could trade was an attempt to maintain Company monopoly while accommodating local realities? Perhaps the repeated emphasis on discipline and unity indicates that factional disputes had already disrupted administration? It is possible that the appointment of new officials was intended to restore order and reinforce central authority over the island’s governance? |
305 | 284 | 17 We have [...] made to us that our [...] has laid out some [...] in a [...] w ch all assisting to [...] of the Councill, we have also had an [...] of the [...] a [...] to do it otherwise [...] [...] [...] [...] [...] [...] from [...] by [...] we wrote to you [...] to have one of it [...] on that [...] why he did not advise us thereof to all what [...] the Councill made ag t it, that haveing to write before all we might our Judgment upon it. 18 Our [...] is also complained ag t as being too [...] we hoped since the [...] of our [...] [...] to him and his family w ch Engage his utmost [...] to promote our Service in all things equall to your [...] we have of him, But he must consider that we have a Councill and have to [...] and [...] may be [...] [...] Councill, and there be some [...] continue differences [...] between them [...] [...] difference of opinion you ought to [...] [...] 19 Haveing given you [...] we are now to give you our Reasons for [...] the Island of St Helena [...] The King of Spain declares some months ago and by [...] of January soon to Spain succeeding him, his grandson [...] [...] which he is [...] Holland, Notwithstanding [...] and [...] the second son [...] King, who is [...] to [...] whole Empire in Germany and [...] Nation, oppose [...] of Spain [...] which [...] with Holland [...] his [...] [...] being severe [...] and Spain [...] resolve to [...] to [...] Kings [...] and Emperor [...] are now making War and [...] [...] his titles, Thereby we may hope there will be no further [...] England and Holland are also engaged on the same side to [...] [...] [...] ships [...] the being [...] to provide for you and our European Ships, what [...] you [...] you will be no means your care supply [...] Island [...] [...] [...] whereby we shall not only receive an advantage in the [...] [...] upon what [...] be expected and [...] and [...] could not have arrived [...] by the Course [...] [...] then done about the [...] Ships might do as good service [...] convenient for your defence and protection 20 We have for this which French Ships that severall French Gentlemen [...] on pretence of trading, have been seized upon and complaint in our Govern r to us which we think it was not good policy and so much unnecessary and cannot be long continued, and we therefore order you not to do any other persons or wrongfull way search or molest such, but use all Civility 21 We send you Directions for Returning Ships how to proceed with course commanded but in regard these advices are not like to reach you before the season of shipping are over longer [...] we are therefore sending you Duplicate Ships after this letter shall stay in Port if advised so and command you that no English Ships nor other Nations shall come without giving notice [...] we shall have them to meet together for mutual Security that they may exchange Intelligence, and give each other [...] and that for your [...] if any of them shall have sufficient [...] then you shall order them to [...] ships [...] to be supplied [...] We desire you observe this carefully and [...] We beg an answer to all the above Your Loving Friends [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | The letter continues with further administrative concerns and instructions. The writers refer to complaints that certain actions had been taken without full consultation of the council, indicating dissatisfaction with decision-making processes and suggesting that such matters should have been reported earlier for their judgement. They also address complaints about an individual (likely an officer), suggesting that he may have acted in an overbearing or improper manner. While they express some confidence in him, they emphasise that he must work in conjunction with the council and not act independently in ways that create division. The issue of factionalism is again raised, with the Company stressing that differences of opinion should not lead to ongoing conflict within the council. The letter then turns to broader geopolitical developments, noting changes in the Spanish monarchy and the resulting tensions in Europe. It refers to emerging conflict involving Spain, France, the Emperor, England, and the Dutch, indicating the onset of wider war. In light of this, the Company highlights the strategic importance of St Helena, particularly as a provisioning point for ships. The island is expected to support English and allied vessels, ensuring they are supplied and able to operate effectively. The writers instruct that the island should prioritise supplying Company ships and contribute to broader maritime operations, including defence and coordination. They also address complaints from French individuals whose ships or goods had been seized under the pretext of trading. The Company disapproves of this practice and orders that such persons should not be wrongfully searched or molested, but treated with civility. Further instructions are given regarding the handling of ships, including coordination between vessels for mutual security, exchange of intelligence, and ensuring adequate supplies. The governor and council are urged to follow these directions carefully and to provide a full response addressing all points raised in the letter. The letter concludes with a formal closing, describing the writers as “your loving friends.” Interpretations The repeated concern about consultation and factionalism suggests ongoing governance problems, with authority not being exercised in a unified or transparent manner. The reference to European conflict places the island within a wider imperial and military context, highlighting its strategic importance. The instructions regarding foreign ships indicate an attempt to balance security with diplomatic restraint. Speculations Perhaps the emphasis on council cooperation reflects persistent tensions that had already disrupted administration on the island? It was likely that the outbreak of wider European conflict increased the Company’s concern for secure supply lines and naval coordination? Perhaps the directive to treat foreign ships civilly reflects awareness that overly aggressive actions could provoke diplomatic or commercial repercussions? It is possible that the Company’s detailed instructions reflect both the distance from London and a lack of confidence in local decision-making? |
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311 | 290 | Copies & Extracts from Charters & orders & miscellaneous matter | |
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315 | 294 | Book cover | |
316 | 295 | EAP 1364 St Helena Document Name and Date: St Helena Letters from England 1673–1701 Dimensions (l × h × depth) (cm): (H) 38 cm × (W) 26 cm × (D) 6 cm No. written pages: 292 No. blank pages: 19 Spine and cover: Good condition. However minor wear & tear on spine. Inside pages: Good condition. Frayed edges on several pages & foxing throughout. Additional comments: [blank] Time taken to photograph (hours): 4 hours | |