Surrender of Virginia to Parliament (1652)

BY GOVERNOR RICHARD BENNET AND OTHERS

ARTICLES agreed on and concluded at James Cittie in Virginia for the surrendering and settling of that plantation under the obedience and goverment of the Common Wealth of England, by the commissioners alike 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 vpon the countrey, And that they shall have and enjoy such freedomes 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.

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 to 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 that purpose against any that have intrencht vpon 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 in 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 country in respect to 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 mean time 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 dureing this ensueing yeare.

12thly. That no man’s cattell shrill be questioned as the companies yules 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 vp, 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 enage 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. . . .

William Waller Hening, Statutes at Large (New York, 1823), I, 363–365.