The capitulation was ratified on the 12th of March, 1652, by which it was agreed that the Colony of Virginia should be subject to the Commonwealth of England; that the submission should be considered voluntary, not forced nor constrained by a conquest upon the country; and that "they shall have and enjoy such freedoms and privileges as belong to the free-born people of England;" the assembly to meet as formerly, and transact the affairs of the colony, but nothing to be done contrary to the government of the Commonwealth of England; full indemnity granted for all offences against the Parliament of England; Virginia to have and enjoy the ancient bounds and limits granted by the charters of former kings; "and that we shall seek a new charter from the Parliament to that purpose, against any that have entrenched upon the rights thereof," alluding no doubt to Lord Baltimore's intrusion into Maryland; that the privilege of having fifty acres of land for every person transported to the colony, shall continue as formerly granted; that the people of Virginia shall have free trade, as the people of England do enjoy, to all places, and with all nations, according to the laws of that Commonwealth; and that Virginia shall enjoy all privileges equally with any English plantation in America.
The navigation act had been passed in the preceding October, forbidding any goods, wares, or merchandise, to be imported into England, except either in English ships, or in ships of the country where the commodities were produced—a blow aimed at the carrying-trade of the Dutch. It was further agreed by the articles of surrender, that Virginia was to be free from all taxes, customs, and impositions whatsoever, and none to be imposed on them without consent of the grand assembly; and so that neither forts nor castles be erected, or garrisons maintained, without their consent: no charge to be made upon Virginia on account of this present fleet; the engagement or oath of allegiance to be tendered to all the inhabitants of Virginia; recusants to have a year's time to remove themselves and their effects out of Virginia, and in the mean time, during the said year, to have equal justice as formerly; the use of the Book of Common Prayer to be permitted for one year, with the consent of a majority of a parish, provided that those things which relate to kingship, or that government, be not used publicly; and ministers to be continued in their places, they not misdemeaning themselves; public ammunition, powder and arms, to be given up, security being given to make satisfaction for them; goods already brought hither by the Dutch to remain unmolested; the quit-rents granted by the late king to the planters of Virginia for seven years, to be confirmed; finally, the parliamentary commissioners engage themselves and the honor of the Parliament for the full performance of the articles, the governor and council and burgesses making the same pledge for the colony.[219:A]
On the same day some other articles were ratified by the commissioners and the governor and council, exempting the governor and council from taking the oath of allegiance for a year, and providing that they should not be censured for praying for, or speaking well of the king, for one whole year in their private houses, or "neighboring conference;" Sir William Berkley was permitted to send an agent to give an account to his majesty of the surrender of the country; Sir William and the members of the council were permitted to dispose of their estates, and transport themselves "whither they please." Protection of liberty and property were guaranteed to Sir William Berkley.
Major Fox, (comrade of Norwood,) commander of the fort, at Point Comfort, was allowed compensation for the building of his house on Fort Island. A general amnesty was granted to the inhabitants, and it was agreed that in case Sir William or his councillors should go to London, or any other place in England, that they should be free from trouble or hindrance of arrests, or such like, and that they may prosecute their business there for six months. It would seem that some important articles of surrender were not ratified by the Long Parliament.
The Fourth Article was, "That Virginia shall have and enjoy the ancient bounds and limits 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 entrenched against the rights thereof." This article was referred in August, 1652, to the committee of the navy, to consider what patent was fit to be granted to the inhabitants of Virginia.
The Seventh Article was, "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 laws of that commonwealth; and that Virginia shall enjoy all privileges equal with any English plantations in America." The latter clause was referred to the same committee.
The Eighth Article was, "That Virginia shall be free from all taxes, customs, and impositions, whatsoever, and none to be imposed on them without consent of the grand assembly, and so that neither forts nor castles be erected, or garrisons maintained, without their consent." This was also referred to the navy committee, together with several papers relative to the disputes between Virginia and Maryland. The committee made a report in December, which seems merely confined to the Fourth Article, relative to the question of boundary and the contest with Lord Baltimore. In the ensuing July the Long Parliament was dissolved.[220:A]
The articles of surrender were subscribed by Richard Bennet, William Clayborne, and Edmund Curtis, commissioners in behalf of the Parliament. Bennet, a merchant and Roundhead, driven from Virginia by the persecution of Sir William Berkley's administration, had taken refuge in Maryland. Having gone thence to England, his Puritanical principles and his knowledge of the colonies of Virginia and Maryland, had recommended him for the place of commissioner. Clayborne, too, who had formerly been obliged to fly to England, and whose office of treasurer of Virginia Sir William Berkley had held to be forfeited by delinquency, and which the fugitive Charles had bestowed on Colonel Norwood—this impetuous and indomitable Clayborne was another of the commissioners sent to reduce the colonies within the Chesapeake Bay.
A new era was now opening in these two colonies; and the prominent parts which Bennet and Clayborne were destined to perform in this novel scene, exhibit a signal example of the vicissitudes of human fortune. The drama that was enacted in the mother country was repeated on a miniature theatre in the colonies.