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A96635 Articles of agreement had, made, and concluded, between the commissioners of the Right Honorable the Lord Willoughby of Parham, of the one partie; and the commissioners of the Parliament of England, of the other partie: being in order to the rendition of the island of Barbadoes; Treaties, etc. England and Wales, 1652-01-11. Barbados.; Willoughby of Parham, Francis Willoughby, Baron, 1613?-1666.; England and Wales. 1652 (1652) Wing W2858; Thomason E663_4; ESTC R206790 3,344 11

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ARTICLES OF AGREEMENT Had Made and Concluded between the Commissioners of the Right Honorable the Lord WILLOUGHBY of PARHAM of the one Partie and the Commissioners of the Parliament of England of the other PARTIE Being in Order to the RENDITION Of the ISLAND of BARBADOES LONDON Printed in the Yeer 1652. Articles of Agreement had made and concluded the eleventh day of January 1651. by and between the Commissioners of the Right Honourable the Lord Willoughbie of Parham of the one partie and the Commissioners in the behalf of the Common-Wealth of England of the other Partie being in order to the Rendition of the Island of Barbadoes are as followeth I. 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 Laws be put in Execution against Atheisme Blasphemie and open scandalous living seditious Preaching or unsound Doctrine sufficiently proved against him II. That the Courts of Justice shall still continue and all Judgements and Orders therein be valid untill they be reverted by due form of Law III. That no Taxes Customes Impost Laws or Excise shall be laid nor Levies made to any of the Inhabitants of this Island without their free consent in a Generall Assembly IIII. That no man shall be Imprisoned or put out of his possession of Land and Tenements which he hath by any former Warrant or title derived from it or other Goods or Chattels whatever without due proceedings according to the known common Laws of England and Statutes and Customes of this Island in the Court of Justice here first had and Judgement for the same obtained and Execution from thence recorded V. That all suits between partie and partie and Criminall and Common Pleas be determined here and none be compelled to goe into England to assert and defend their Titles to any Estate which they have here without consent of a General Assembly VI. That an Act of Indempnitie be withall convenient speed passed in the Parliament of England to save and keep harmlesse and unquestionable all and every of the Inhabitants of this Island that are comprized within 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 they be cleared acquitted and discharged thereof for ever as well in respect of the publike power as of any particular person concerning damages or losse which they have received by reason of the present defectives and untill the said Act come hither an Instrument of Indempnitie to all such comprized in these Articles to the purpose aforesaid bee assigned by Sir George his Assign and the other Commissioners and the said Articles together with the said Instrument of Indempnitie may be received into the Assembly here and filed among the Records and that it be presented by the said George Ascue and the Commissioners to the Parliament of England or the Council of State established by authoritie of Parliament that an Act made the third of October whereby the Inhabitants of this Island have been declared Traitors may upon this Accord be taken off the File from among the Records VII That all and every the Inhabitants of this Island comprized within these Articles bee restored to all their Lands and possession of Goods and Monie which they have right to in England Scotland or Ireland VIII That no Oathes Covenants or Ingagements whatsoever be imposed upon the Inhabitants of this Island who receive the benefit of those Articles against their Consciences IX That all Ports Towns and Cities under the Parliaments power that be open into the Inhabitants of this Island in as great a freedome of Trade as ever and that no Companies be placed over them nor the Commodities of this Island ingrossed into private mens hands And that all Trade be free with all Nations that doe Trade and are in unitie with England X. That whereas the Excise upon strong Liquors was laid for the payment of publique Debts It is therefore agreed That the Lord Willoughbie of Parham and all imployed by him and all other persons whatsoever shall be acquitted and discharged from the payment of any publike Debts and that the same be discharged by the said Excise and such other waies as to the General Assembly shall seem fit provided that care and respect be therein had to such as have eminently suffered in their Estates XI That all Persons be free at any time to transport themselves or Estates when they shall thinke fit first setting up their Names according to the Custome of this Island XII That all Prisoners on both sides be discharged and set free with their full benefit of injoying all those Articles and that all those Horses Cattel and Servants Negroes and other Goods whatever be returned to the right Owners except such Servants as had freedome given them and come aboard before Saturday the third of Ianuary XIII That such particular Persons as are in this Island at the time of the Surrender thereof who have Estates on Antego may peaceably return thither and there injoy the benefits of those Articles XIV That for certain time all executions be stopped sufficient caution being given that all the expiration of the payment be made and that the Commissioners together with the generall Assembly be Judges of the time and caution XV. That all their small Vessels or Barques now on ground before the bridge Town doe repair to their proper owners and have liberty to goe to any part laden XVI That the Lord Willoughby of Parham have all his Lands Rents and all his Estates whatsoever reall and personall in England without any Fine or Composition paid restored to him or his Assigns free from all incumbrances laid on the same by the Parliament of England or any by them authorized since the time of its first seizure or sequestration and that what settlements the said Lord Willoughbie hath made at Surrenam or any other he shall make on any part of the name of Guinashall be by him injoyed and I hope without any disturbance either of himself or those that shall accompany him thither And that he hath free liberty to bring Servants from any Port in England or Ireland and that his Plantation at Antego according to the bounds already made out reserved to him and what Estate soever of right doth belong to the said Lord Willoughbie of Parham in this Island of Barbodoes be to him intirely preserved XVII That all such persons of this Island or elsewhere whose Estates have here been sequestred or detained from them upon this publick defence be forthwith restored to their Plantations Goods or Estates upon this Island XVIII That the Island of Barbadoes with all the Forts Sconces Fortifications thereof and that all the Artillery all publick Armes and Ammunition be delivered up into the hands of Sir George Ayscue for the use of the States of England before Munday twelve of the Clock at noon being the 11. of this instant January and that no Garrison be kept here but that all forces be disbanded within four and twenty houres after the sealing of these Articles and that for the safety of the Island the Militia shall be disposed of as to the present Commissioners and future Governours shall seem fit the Articles not to be construed to take away the Armes of any particular person within this Island XIX That the Government of this Island be by a Governour Councill and Assembly according to the antient and usuall Customes and that the Governours be appointed by the State of England and from June to June received and obeyed here the Councill for the present to be by him chosen the Assembly to be chosen by a free voluntary election of the Free-holders of this Island in the severall Parishes and that the usuall Customes of the choice of the Councill be represented by the Commissioners to the Parliament of England or to the Councill of State established by Authority of Parliament with the desires of the Inhabitants for the confirmation thereof for the future XX. And whereas it hath been taken into serious consideration that the main and cheife cause of our troubles and miseries hath grown by loose and base uncivill language tending to sedition onely used among many people Here it is therefore further agreed that at the first generall Assembly a strict Law be made against all such persons with a heavy penalty to be inflicted upon them that shall be guilty of any reviling speeches of what nature soever by remembring or reviling into former differences and reproaching any man with the cause he hath formerly defended XXI It is agreed that the Articles may with all convenient speed be presented to the Parliament of England to be by them ratified and confirmed to all intents contractions and purposes XXII It is further agreed That all Lawes heretofore made by generall Assemblies that are not repugnant to the Lawes of England shall be good excepting such as concern the present difference XXIII That the Right Honourable the Lord Willoughby have free liberty to goe 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 In witnesse whereof we the Commissioners appointed by the Lord Willoughby have hereunto set our hands and seales this 11th day of January 1651. Richard Pearce Charles Pym. Tho. Ellis Will. Byam By the Governour IT is my pleasure that the above-written Articles be published in severall Parish Churches within this Island Given under my Hand this sixteenth of Ianuary 1651. George Ayscue Veria Copia