e to the Commonwealth of England, and "to
the lawes there established". This submission, it was declared, was "a
voluntary act, not forced nor constrained by a conquest upon the
country".[353] It was also stipulated "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 commonwealth". Even more
interesting was the agreement "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 soe that neither fforts
nor castles bee erected or garrisons maintained without their consent".
When these terms of surrender were reported to the English government,
Parliament thought that the commissioners had been too liberal in their
concessions, and some of the articles were not ratified.

The commissioners granted full pardon and indemnity for all "acts, words
or writeings done or spoken against the parliament" and any persons
refusing to take the oath of allegiance to the new government were given
"a yeares time ... to remove themselves and their estates out of
Virginia". The use of the Book of Common Prayer was permitted for one
year in the parishes that so desired, and no ministers were deprived of
their charges or their livings.[354]

Separate articles were drawn up between the commissioners and the
Governor and Council. Neither Berkeley nor the Councillors were to be
compelled, during the ensuing twelve months, to take the oath of
allegiance. They were not to be censured for speaking well in private of
the King. They were given leave to sell all their property and to quit
the country without molestation. They were permitted to send a message
to Charles II, giving an account of the surrender.[355]

The commissioners were now confronted with the all-important task of
establishing a new government. They had been given power by the Council
of State to hold an election of Burgesses granting the franchise to all
who had taken the oath of allegiance. Feeling, doubtless, a reluctance
to assume the entire responsibility of moulding a new constitution, they
resolved to wait until the Burgesses assembled and to consult with them
in all their measures. The election was held without delay, and the
members were sworn in on April 26th, 1652.

The Burgesses and the commissioners then entered upon a long and serious
debate concerning "the settling and governing