Chapter VIII: Act VIII: Noe debts made for wines or strong waters shall be pleadable

or recoverable in any court of justice.[23]

FOOTNOTES:

[19] The English Council, previously named, remained in supreme charge in England.

[20] This law was reënacted in the same words in _1632 and 1642_.

[21] This immunity is copied from that of members of the English Parliament for some centuries preceding.

[22] Travel was mainly by water. To "take a voyage" was equivalent to "make a journey."

[23] This finds its modern parallel in our custom that prevents the collection of gambling debts by legal process.

VI. THE ASSEMBLY DURING THE COMMONWEALTH

34. Virginia and the Parliamentary Commissioners, 1652

Hening's _Statutes_, I, 363 ff.

Cf. _American History and Government_, # 337, for the supremacy of
the Assembly during the Commonwealth.

_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 Parliament of England, and by the Grand Assembly of the Governour, Councill, and Burgesses of that countrey._

_First._ It is agreed and consented that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes 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 freedomes and priviledges as belong to the free borne people of England, and that the former government by the commissioners and instructions be void and null.

_2dly.--Secondly_, that the Grand Assembly, as formerly, shall convene and transact the affairs 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.

_3dly._--That there shall be a full and totall remission and indempnitie of all acts, words, or writings done or spoken against the parliament of England in relation to the same.

_4thly._--That Virginia shall have and enjoy the antient bounds and lymitts granted by the charters of the former Kings. And that we shall seek a new charter from the parliament to that purpose against any that have intrencht upon the rights thereof.[24]

_5thly._--That all the pattents of land granted under the collony seale, by any of the precedent Governours, shall be and remaine in their full force and strength.

_7thly._--That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations according to the lawes of that common-wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America.

_8thly._--That Virginia shall be free from all taxes, customes, and impositions whatsoever, and none to be imposed on them without the consent of the Grand Assembly, and soe that neither ffortes nor castles bee erected or garrisons maintained without their consent.

_10thly._--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 yeares time if they please to remove themselves and their estates out of Virginia, and in the meantime during the said yeare to have equall justice as formerly.

_11thly._--That the use of the booke of common prayer shall be permitted for one yeare ensueinge with reference to the consent of the major part of the parishes, Provided that things which relate to kingshipp or that government be not used publiquely; and the continuance of ministers in their places, they not misdemeaning themselves: And the payment of their accustomed dues and agreements made with them respectively shall be left as they now stand dureing this ensueing yeare.

_16thly._--That the comissioners for the parliament subscribing these articles engage themselves and the honour of the parliament for the full performance thereof: And that the present Governour and the Councill and the Burgesses do likewise subscribe and engage the whole collony on their parts.

35. The Franchise Restricted and Restored, 1655, 1656

Hening's _Statutes at Large_. Cf. _American History and
Government_, # 103 and note.

(1) [_March, 1654/5._]