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A25925 Articles of agreements made and concluded the 11th day of January, 1651 by and between the Commissioners of the ... Lord Willoughy of Parrham ... and the commissioners in the behalfe of the common-wealth of England ... being in order to the rendition of the Island of Barbadoes, &c. 1652 (1652) Wing A3836; ESTC R11649 3,097 7

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ARTICLES OF AGREEMENTS Made and concluded the 11 th day of January 1651. By and between the Commissioners of the Right Honourable the Lord WILLOVGHBY of Parrham on the one Part And the Commissioners in the behalfe of the COMMON-VVEALTH of England on the other Part. Being in order to the Rendition of the Island OF BARBADOES c. LONDON Prited for Francis Coles in the Old-Bayly 1652. Articles of Agreement c. THat a Liberty of Conscience in matters of Religion be allowed to all excepting to such whose tenents are inconsistent to a Civill Government and that the Lawes be put in execution against Atheism Blasphemy and open scandalous livers And that no Minister be deprived except upon scandalous livings seditious Preaching or unsound Doctrine sufficiently proved against him 2. That the Courts of Justice shall still continue and all Judgements and Orders therein be valid untill they be reversed by due forme of Lawes 3. That no Taxes Customs Impost Loanes or Excise shall be laid nor Levies made on any the Inhabitants of this Island without their free consent in a generall Assembly 4. That no man shall be imprisoned or put out of his possession of Lands and Tenements which he hath by any former Warrant or title derived from it or other goods or Chattel whatsoever without due proceedings according to the known and Common Laws of England and Statutes and Customes of this Island in the Courts of Justice heere first had and Judgement from the same obtained and execution from thence awarded 5. That all Suite betwixt party and party and criminall and Common-Pleas be determined here and none be compelled to go into England to assert and defend their titles to any estate which they have here without the Consent of the generall Assembly 6. That an Act of Indempnity be with all convenient speed passed in the Parliament of England to save and keep harmless and unquestionable all every the Inhabitants of this Island that are comprised in these Articles for and concerning any Act or thing whatsoever done by them or any of them at any time or in any place or words spoken by them or any of them before the date of these Articles And that ye be cleared acquited and discharged thereof for ever aswell in respect of the publick power as of any particular person concerning dammages or losse which they have received by reason of the present differences and untill the sayd Act come hither an instrument of Indempnity may be received into the Assembly here and filed among the Records and that it be represented by Sir GEORGE AISCOUGH and the Commissioners to the Parliament of England or the Councell of State established by Authority of Parliament That an Act made the third day of October whereby the Inhabitants of this Island have been declared Traytors may upon this accord be taken off the File from among the Records 7. That all and every the Inhabitants of this Island comprised within chese Articles be restored to all their Lands and Possessions Goods and Moneyes which they have right to in England Scotland and Ireland 8. That no Oaths Covenants and Ingagements whatsoever be imposed upon the Inhabitants of this Island who receive the benefit of these Articles against their Consciences 9. That all Port Townes and Cities under the Parliaments power shall be open to the Inhabitants of this Island in as great freedom of Trade as ever and that no Companies be placed over them and that all Trade be free with all Nations that do Trade or are in amity with England nor the Commodities of the Island be ingrossed into private mens hands 10. That whereas the Excise upon strong Liquors was layd for the payment of Publique Debts and other publique uses It is therefore agreed that the Lord WILLOUGHBY of Parrham and all imployed by him and all other Persons whatsoever shall be acquitted and discharged from the payment of any Publique Debts and that the same be discharged by the said Excise and to such other wayes is the generall Assembly shall seem fit provided that Care and respect be therein had to such as have eminently suffered in their estates 11. That all persons be free at any time to transport themselves and estates when they shall think fit first setting up their names according to the custome of this Island 12. That all Prisoners on both sides be discharged and set free whatsoever with the full benefit of injoying all these Articles and that all Horses Cattell Servants Negro's and other Goods be restored to their right owners except such servants as had freedome given them and came aboard before Saturday the 3. of January 13. That such particular persons as are within this Island together with Sir SIDENHAM POYNES who have Estates in Antegoa may peacably return thither and there injoy the benefit of all these Articles 14. That for a certain time all Executions be stopped sufficient caution being given that at the expiration of it payment be made and that the Commissioners together with the generall Assembly be Judges of the time and Caution 15. That the three small Vessels or Barques now on ground before the Bridge Town do remain to their proper owners and have liberty to go to any Port laden 16. That the Lord WILLOUGHBY of Parrham have all his Lands Rents or Estates whatsoever reall or personall in England without any Fine or Composition payd restored to him or his Assignes free from all incumbrances layd on the same by the Parliament of England or any by them Authorized since the time of the first seizure or sequestration And that what settlement the sayd Lord WILLOUGHBY of Parrham hath made at Sorrenham and any other he shall make on any part or the maine of Guinea shall be by him injoyed and kept without any disturbance of either himself or those that shall accompany him thither and that he have free liberty to bring servants from any Port in England or Ireland and that his Plantation at Antegoa according to the bounds already layd out be reserved to him and that whatsoever estate of right doth belong to the sayd Lord WILLOUGHBY of Parrham in this Island of Barbadoes be to him intirely preserved 17. That all such persons of this Island for all which whose Estates have been sequestred or detained from them upon this publique difference be forthwith restored to their Plantations Goods or Estates in the Island 18. That the Islands of Barbadoes with all the Forts Sconces and Fortifications thereof and all the Artillery all Publick Arms and Ammunition be delivered into the hands of Sir GEORGE AISCU● for the use of the States of ENGLAND before Munday twelve of the Clock at Noone being the twelfth of this instant January and that no Garrisons be kept here but that all Forces shall be disbanded within twenty foure houres after the sealing of these Articles and that for the safety of this Island the Militia shall be disposed of as to the present Commissioners and future Governours shall seeme fit this Article not to be construed to take away the private Arms of any particular person within this Island 19. That the Government of this Island be by a Governour Councell and Assembly according to the ancient and usuall Custome here that the Governours be appoynted by the State of ENGLAND and from time to time received and obeyed here the Councell for the present to be by him chosen the Assembly to be chosen by a free and voluntary Election of the Free-holders of this Island in the severall Parishes and that the usuall Custome of the choice of the Councell be Represented by the Commissioners to the Parliament of ENGLAND or to the Councell of State established by the Authority of Parliament with the desires of the Inhabitants for the Reformation thereof for the future 20. And whereas it hath been taken into consideration that the main and chiefe cause of the late Troubles and Miseries have grown by loose base and uncivill Language tending to Sedition and Division too commonly used among many people here It is therefore further agreed that at the next Generall Assembly a strict Law be made against all such persons with an heavy penalty to be inflicted upon them that shall be guilty of any reviling Speeches of what nature soever by remembring or raveling into former differences and reproaching any man with the Cause he formerly defended 21. It is agreed that these Articles may with all convenient speed be presented to the Parliament of ENGLAND to be by them ratified and affirmed to all Intents Constructions and Purposes 22. It is further agreed that all Lawes heretofore made by the Generall Assembly that are not repugnant to the Lawes of ENGLAND shall be good excepting such as concern the present Differences 23. That the Right Honourable the Lord WILLOUGHBY of PARHAM have free Liberty to go into ENGLAND and there to stay or depart at his pleasure without having any Oath or Ingagement put upon him he acting or attempting nothing prejudiciall to the Common-Wealth of ENGLAND Tho. Muddeford John Colleton Daniel Searles Mich. Packe FINIS