state, and two burgesses out of every town, hundred or plantation, to be respectively cho sen by the inhabitants. In this all matters were to be decided by the greater part of the votes, present; reserving to the governor a negative voice; and they were to have power to treat, consult, and conclude all emergent occasions concerning the public weal, and to make laws for the behoof and government of the colony, imitating and following the laws and policy of England as nearly as might be providing that these laws should have no force till 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 or ders of the council in England should bind the colony unless ratified in the said general assem bly. 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 suspended their pow ers by proclamation of July 15, 1624, and Charles I. took the government into his own hands. Both sides had their partizans in the colony; but in truth the people of the colony in general 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 increase or dimin

ution, while the rights of the people remained as they were. But they did not remain so long. The northern parts of their country were granted away to the lords Baltimore and Fairfax the first of these obtaining also the rights of seperate jurisdiction and government. And in 1650 the parliament, considering itself as standing in the place of their deposed king, and as having succeeded to all his powers, without as well as within the realm, began to assume a right over the colonies, passing an act for inhi biting 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 fuuctions. When this colony, therefore, which still maintained 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 here insert 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 parliamt. of England and by the Grand assembly of the Governour, Councill and Burgesses of that countrey.

First it is agreed and consted that the plantation of Virginia, and all the inhabitants thereof shall be and remain in due obedience and

subjection to the Comon 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. Seccondly that the Grand assembly as formerly shall convene and transact the af fairs 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 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 seck a new charter from the parliament to that purpose against any that have intrencht upon the rights thereof.

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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.

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6ly. That the priviledge of having ffiftie 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

b:

the according

places and with all nations to the lawes of that common wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America. B 8ly. That Virginia shall be free from all taxes, customs and impositions whatsoever, and Hone to be imposed on them without consent o the Grand assembly; And soe that neither ffortes nor castle bee erected or garrisons maintained without their consent.

of

9ly. That noe charge shall be required from this country in respect of this present fleet. 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 fisda 11ly. That the use of the booke of compas formerly, edun Jamon prayer 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 3be not used publiquely, and the continuance of ministers in their places, they not misdemeaning and the

med dues and agree Payment of their acs

made with them respectively shall be left as they now stand dureing this ensueing yeare, foll

121y. That no man's cattell shall be questioned as the companies unless such as have

been entrusted with them or have disposed of them without order.

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13ly. That all ammunition, powder & armes, 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 seaven yeares bee confirmed.

16ly. That the commissionrrs 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 & the burgesses do likewise subscribe & engage the whole collony on their parts.

RICH. BENNE1 T........Seale Wm. CLAIBORNE.......Seale. EDMOND CURTIS.......Seale "Theise articles were signed & 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 governor and council, which relate merely to their own persons and property, and then the ensuing instrument :

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

"Whereas by the authoritie of the parliament wee the commissioners appointed by the.