gent occasions, concerning the public weal, and to make laws for the behoof and government of the colony, imitating and following the laws of England as nearly as might be; provided that these laws should have no force until ratified in a general quarter-court of the company in England, and returned under their common seal, and declaring that after the government of the colony should be well framed and settled, no orders of the council in England should bind the colony, unless ratified in the said General Assembly. The king and company quarrelled, and by a mixture of law and force, the latter were ousted of all their rights, without retribution; after having expended 100,000l. in establishing the colony without the smallest aid from government. King James I. suspended their powers by proclamation, July 15th, 1624, and Charles I. took the government into his own hands. Both sides had their partizans in the colony; but in truth, the people in general in the colony, thought themselves little concerned in the dispute. There being three parties interested in these several charters, what passed between the first and second, it was thought could not affect the third. If the king seized on the powers of the company, they only passed into other hands without increasing or diminishing; while the rights of the people remained as they were ; but they did not remain so long.

The northern parts of the country were granted away to Lords Baltimore and Fairfax; the first of these obtaining also the rights of separate jurisdiction and government, and in 1650, the Parliament considered themselves as standing in the place of their deposed king, and of having succeeded to all his powers, without as well as within the realm, began to assume a right over the colonies, and passed an act for inhibiting their trade with foreign nations*. This succession to the exercise of kingly authority, gave

the first colour for parliamentary interference with the colonies, and produced that fatal precedent, which they continued to follow, after they had retired, in other respects, within their proper functions. When this colony therefore, which still maintined its opposition to Cromwell and the Parliament, was induced in 1651, to lay down their arms, they previously secured their most essential rights, by a solemn convention, which having never seen in print, I will insert here literally from the records.

"ARTICLES agreed on 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 consented that the plantation of Virginia, and all the inhabitants thereof shall be and remain in due obedience and subjection to the Common wealth of England, according to the laws 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 enjoy such freedoms and priviledges as belong to the free borne people of England, and that the former government by the Commissions and Instructions be void and null.

"2ly. 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.

"3ly. That there shall be a full and totall remission and indempnitie of all acts, words, or writeings done or VOL. II.

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spoken against the parliament of England in relation to the

same.

"4ly. That Virginia shall have and enjoy 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 that purpose against any that have intrencht upon the rights thereof.

"5ly. That all the patents of land granted under the colony seal by any of the precedent governours shall be and remaine in their full force and strength.

"6ly. That the priviledge of having fiftie acres of land for every person transported in that collonie shall continue as formerly granted.

"7ly. 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.

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"8ly. That Virginia shall be free from all taxes, customs and impositions whatsoever, and none to be imposed on them without consent of the Grand assembly; And soe that neither ffortes nor castle bee erected, or garrrisons maintained without their consent,

"9ly. That noe charge shall be required from this countrey in respect of this present ffleet.

"10ly. 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 yeare's time if they please, to remove themselves and their estates out of Virginia, and in the mean time during the said yeare to have equall justice as formerly.

"11ly. That the use 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 which relate to kingshipp or that government be not used 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 dureing this ensueing yeare.

"12ly. That no man's cattell shall be questioned as the company's unless such as have been entrusted with them or have disposed of them without order.

"13ly. That all ammunition, powder and arms, other than for private use, shall be delivered up, securitie being given to make satisfaction for it.

"14ly. That all goods allreadie brought hither by the Dutch or others which are now on shoar shall be free from surprizall.

"15ly. That the quittrents granted unto us by the late kinge for seven yeares be confirmed.

"16ly. That the commissioners for the parliament subscribeing these articles engage themselves, and the honour of 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 commissioners of the Councill of state for the Commonwealth of England the twelveth day of March 1651."

Then follow the articles stipulated by the governour and council, which relate merely to their own persons and property, and then the ensuing instrument :'

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"An act of indempnitie made att the surrender of the countrey.

"Whereas by the authoritie of the parliament wee the commissioners appointed by the councill of state, authorized thereto, having brought a ffleete and force before James cittie in Virginia to reduce that collonie under the obedience of the commonwealth of England, and finding force raised by the governor and countrey to make opposition against the said ffleet whereby assured danger appearinge of the ruin and destruction of the plantation, for prevention whereof the Burgesses of all the severall plantations being called to advise and assist therein, uppon long and serious debate, and in sad contemplation of the great miseries and certain destruction which where soe neerely hovering over the whole countrey; We the said Commissioners have thought fitt and condescending and granted to signe and confirme under our hands, seales, and by our oath, Articles bearinge date with theise presents, and do further.: declare that by the authoritie of the parliament and commonwealth of England derived unto us their commissioners, that according to the articles in generall wee have granted an act of indempnitie and oblivion to all the inhabitants of this coloney from all words, actions, or writings that have been spoken, acted, or writt against the parliament or commonwealth of England, or any other person from the beginning of the world to this day. And this we have done that all the inhabitants of the collonie may live quietly and securely under the commonwealth of England. And we do promise that the parliament and commonwealth of England shall confirm and make good all those transactions of ours. Witness our hands and seales this 12th of Richard Bennett........Seale. Wm. Clai

March 1651.

borne........Seale. Edm. Curtis. Seale."

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