America and West Indies: Addenda 1652

Pages 85-87

Calendar of State Papers Colonial, America and West Indies: Volume 9, 1675-1676 and Addenda 1574-1674. Originally published by Her Majesty's Stationery Office, London, 1893.

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Addenda 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.]
May 6. 200. Orders of the Council of State. That 100l. be paid unto Capt. Richard Nicholls by Mr. Frost out of the Council's contingencies for his good service in bringing the news of the surrender of the Barbadoes according to the Order of Parliament of 23 April 1652, and that Ten Pounds be paid to [blunk in orig.], who brought the first news of the surrender of Barbadoes. [Dom. Interreg., I. 67, pp. 17, 18.]
Nevis. 201. Order of the Assembly of Nevis on Capt. William Digby's claim touching the bounds of his Plantation. Whereas in the time of the late Governor Capt. James Lake (1643) the Assembly adjudged that there must be "an extent line" from Fig-tree Pond to Saddle Hill, the present Governor has caused the Surveyor "to draw a Platform" of all those Plantations that might cross one another; whereby it plainly appears that said Act was most necessary, and that there is no possibility to answer Capt. Digby's ends. Certificate to be sent to his Lordship. Also, Order of the Assembly for making "an extent line" between certain Plantations from the Fig. tree Pond southerly down to Saddle Hill. 1½ pp. [Col. Entry Bk., No. 49, pp. 13, 14.]