1652
Jan. 11. |
199. Articles agreed on by Lord Willoughby of Parham and
Sir Geo. Ayscue, Daniel Searle, and Capt. Michael Packe for the
rendition of Barbadoes to Sir Geo. Ayscue, General of the State's
fleet before said island, for the use and behoof of the Parliament of
the Commonwealth of England. Liberty of conscience in matters
of religion, except to such whose "tenents" (sic.) are inconsistent
to a civil government, and that laws be put in execution against
atheism, blasphemy, and open scandalous living, and that no
Minister be deprived except on scandalous living, seditious
preaching, or unsound doctrine proved against him. Courts of
justice and judgments to be valid unless reversed by law. No
taxes, customs, impost loans or excise to be levied without consent
of the Assembly. No man to be imprisoned or put out of possession of his lands or goods without due process of law. All suits to
be determined in Barbadoes, and none to be compelled to go to
England without consent of the Assembly. An Act of indemnity
to be passed by the Parliament in England to keep the inhabitants
of Barbadoes harmless for anything done or spoken before the date
of these Articles to be filed among the records of the Assembly, and
that the Act of 3 Oct. 1650, whereby the inhabitants of Barbadoes
have been declared Traitors, be taken off the file from among the
records. All said inhabitants comprised within these Articles to
be restored to their lands and possessions to which they have right
in England, Scotland, or Ireland. No oaths or engagements to be
imposed upon said inhabitants against their conscience. To have
as great freedom of trade as ever, no companies to be placed over
them, and no commodities engrossed into private men's hands.
Lord Willoughby, and those employed by him, to be discharged
from the payment of public debts which as before are to be paid
by the excise on strong liquors and such other ways as the Assembly
shall seem fit, provided respect be had to such as have eminently
suffered in their estates. All persons to have liberty to transport
themselves and their estates, first setting up their names according
to the custom of said island. Prisoners to be set free, and horses,
cattle, servants, negroes, and other goods returned to their right owners,
except such servants as had their freedom given and came on board
before Saturday, 3rd January. That particular persons in said island,
together with Sir Sydenham Poyntz, who have estates on Antigua,
may peaceably return. That for a certain time execution be stopped
on sufficient caution given, the Commissioners and Assembly to be
judges of the time and caution. That the three small vessels on
ground before the Bridge Town remain to their owners, with liberty
to go to any port laden. Lord Willoughby to have his lands, rents,
and estates in England without fine or composition restored to him or
his assigns, free from all encumbrances laid by Parliament or any
other authority, and his settlement at Surinam, or any part of the
main of Guiana, to be enjoyed by him without disturbance; to
have liberty to bring servants from any port in England or Ireland,
and his plantation at Antigua to be reserved to him, and all his
estate in Barbadoes to be to him entirely preserved. The estates
in said island of all persons which have been sequestred "upon
this public difference" to be forthwith restored to them. Said
island, with all forts, artillery, arms, and ammunition to be delivered to Sir Geo. Ayscue for the use of the States of England
before 12 o'clock on Monday, 12th inst. January; no garrisons to
be kept, and all forces disbanded within 24 hours of the sealing of
these articles, and the Militia to be disposed of as the present
Commissioners and future Governors shall seem fit, but this article
not to be construed to take away the arms of any private individual. The Government of said island to be by a Governor,
Council, and Assembly according to the ancient and usual custom.
The Governor to be appointed by the State of England, the Council
for the present to be by him chosen; the Assembly to be chosen by
a free election of the freeholders. And whereas the chief cause
of our late troubles and miseries hath grown by loose, base, and
scandalous uncivil language tending to sedition and division, it is
agreed that at the next Assembly a strict law be made against all
persons under heavy penalties for reviling speeches respecting
former differences, and reproaching any man for the cause he hath
formerly defended. These Articles, with all convenient speed, to
be presented to Parliament to be by them confirmed. All laws
heretofore made by the General Assembly to be good excepting
those which concern the present differences. Lord Willoughby to
have liberty to go to England, and stay or depart at his pleasure
without having any oath or engagement put upon him, he acting
nothing prejudicial to the Commonwealth of England. Signed and
sealed, F. Willoughby; also Hen. Scobell, Clerk of the Parliament.
Annexed, |
|
199. I. 1652, Aug. 18. The House this day took into consideration the above Articles, and Resolved that the Parliament approve and confirm same, provided that nothing
therein mentioned extend to the prejudice of any third
person as to any of the plantations mentioned in said
Articles, or confirm Lord Willoughby, or any other person
by his authority in the place of Governor or Commander,
or in any Government or command in any of the Plantations. Signed by Hen. Scobell, Clerk, Parliament.
1 Sept. 1652. Sworn by Henry Harloff to be a true copy.
17 pp. [Dom. Interrey., G. 145, pp. 89–121.] |
