ARTICLES AT THE SURRENDER OF THE COUNTRIE.
ARTICLES agreed or and concluded at James Cittie in Virginia for
the surrendering and settling of that plantation under the obedience
and government of the Common Wealth of England, by the commissioners
of the Councill of State, by authoritie of the Parliament
of England and by the Grand Assembly of the Governour, Councill
and Burgesses of that countrey.
First. It is agreed and cons ted that the plantation of Virginia, and
all the inhabitants thereof, shall be and remaine in due obedience and
subjection to the common wealth of England, according to the lawes there
established, And that this submission and subscription bee acknowledged
a voluntary act not forced nor constrained by a conquest upon the countrey,
And that they shall have and enioy such freedomes and priviledges as
belong to the free borne people of England, and that the former government
by the comissions and instructions be void and null.
2dly. Secondly, that the Grand Assembly as formerly shall convene
and transact the affairs of Virginia, wherein nothing is to be acted or done
contrarie to the government of the common wealth of England and the
lawes there established.
3dly. That there shall be a full and totall remission and indempnitie
of all acts, words or writeings done or spoken against the parliament of
England in relation of the same.
4thly. That Virginia shall have and enioy the antient bounds and
lymitts granted by the charters of the former Kings, And that we shall
seek a new charter from the parliament to the purpose against any that
have intrencht upon the rights thereof.
5thly. That all the pattents of land granted vnder the collony seale,
by any of the precedent Governours, shall be and remaine in their full
force and strength.
6thly. That the priviledge of haveing ffiftie acres of land for every
person transported in the collony shall continue as formerly granted.
7thly. That the people of Virginia have free trade as the people of
England do enjoy to all places and with all nations according to the lawes
of that common wealth, And that Virginia shall enjoy all priviledges
equall with any English plantations in America.
8thly. That Virginia shall be free from all taxes, customes and impositions
whatsoever, and none to be imposed on them without consent of
the Grand Assembly, And soe that neither ffortes nor castles bee erected
or garrisons maintained without their consent.
9thly. That noe charge shall be required from this countrey in respect
of this present ffleet.
10thly. That for the future settlement of the countrey in their due
obedience, the engagement shall be tendred to all the inhabitants, according
to act of parliament made to that purpose, that all persons who shall
refuse to subscribe the said engagement, shall have a yeares time if they
please to remove themselves and their estates out of Virginia, and in the
meantime during the said yeare to have equall justice as formerly.
11thly. That the vse of the booke of common prayer shall be permitted
for one yeare ensueinge with referrence to the consent of the major
part of the parishes. Provided that those things which relate to kingshipp
or that government be not vsed publiquely; and the continuance of ministers
in their places, they not misdemeaning themselves: And the payment
of their accustomed dues and agreements made with them respectively
shall be left as they now stand during this ensueing yeare.
12thly. That no man's cattell shall be questioned, as the companie
rules such as have been entrusted with them or have disposed of them
without order.
13thly. That all amunition, powder and arms, other then for private
vse shall be delivered up, securitie being given to make satisfaction for it.
14thly. That all goods allreadie brought hither by the Dutch or
others which are now on shoar shall be free from surprizall.
15thly. That the quittrents granted vnto vs by the late Kinge for
seaven yeares bee confirmed.
16thly. That the commissioners for the parliament subscribing these
articles engage themselves and the honour of the parliament for the full
performance thereof: And that the present Governour and the Councill
and the Burgesses do likewise subscribe and engage the whole collony on
their parts.
Rich: Bennett, Seale.
Wm. Claiborne, Seale.
Edmond Curtis, Seale.
Theise articles were signed and sealed by the commissionors of the
Councill of State for the Common Wealth of England, the twelveth day
of March, 1651.
ARTICLES for the surrendring Virginia to the subjection of the Parliament
of the Common Wealth of England agreed vppon by the
honourable the Comissioners for the Parliament and the hon'ble,
the Governour and Councill of State.
First. That neither Governour nor councill shall be obliged to take
any oath or engagement to the Common-Wealth of England for one whole
yeare, And that neither Governor nor Councill be censured for praying
for or speaking well of the King for one whole yeare in their private
houses or neighbouring conference.
2dly. That there be one sent home at the present Governour's choice
to give an accempt to his Ma'tie of the surrender of his countrey, the present
Governour bearing his charges, that is Sir William Berkley.
3dly. That the present Governour, that is Sir William Berkeley, and
the Councill shall have leave to sell and dispose of their estates, and to
transporte themselves whether they please.
4thly. That the Governour and Councill though they take not the
engagement for one whole yeare shall yet have equall and free justice in
all courts of Virginia until the expiration of one whole yeare.
5thly. That all the Governour's and Councill's land and houses, and
whatsoever belongeth to them bee perticularly secured and provided for in
these articles.
6thly. That all debts of the Governour's by act of Assembly, and all
debts due to officers made by the Assembly bee perfectly made good to
them. And that the Governour be paid out of the goods remaining in the
countrey of the Dutch ship that went away cleer for Holland without paying
his customs.
7thly. That the Governour may have free leave to hire a shipp for
England or Holland to carrie away the Governour's goods, and the Councill's,
and what he or they have to transporte for Holland or England
without any lett or any molestation of any of the State's shipps att
sea or in their rivers or elsewhere by any of the shipps in the common
wealth of England whatsoever.
8thly. That the Capt. of the fforte be allowed satisfaction for the
building of his house in fforte Island.
9thly. That all persons that are now in this collonie of what quality
or condition soever that have served the King here or in England shall be
free from all dangers, punishment or mulkt whatsoever, here or elsewhere,
and this art'e as all other articles bee in as cleer termes as the
learned in the law of arms can express.
10thly. That the same instant that the commissions are resigned, an
act of indempnitie and oblivion be issued out vnder the hands and seales of
the commissioners for the parliament. And that noe persons in any courte
of justice in Virginia be questioned for their opinions given in any causes
determined by them.
11thly. That the Governour and Councill shall have their passes to
go away from hence in anie shipps in any time within a year: And in
oase they goe for London or other place in England that they or anie of
them shall be free from anie trouble or hindrance of arrest or such like in
England, and that they may follow their occasions for the space of six
months after their arrivall.
Rich: Bennett, Seale.
Wm. Claiborne, Seale.
Edmond Curtis, Seale.
Theise articles were signed, sealed, sworne vnto by vs the commissioners
for the parliament of the common wealth of England, the 12th of
March, 1651.
