THE ARTICLES OF AGREEMENT, For the Surrender of Charles Fort, the onely considerable and remaining Garrison of the Enemies in the West, the Castle of Pendennis excepted.
Which Articles were agreed upon between Colonell Ralph Weldon, Governour of Plimmoth for the Parliaments side, and Sir Edmund Fortescue Governor of Charles Fort, Major Peirce, and Captain Hall, for the other part.
With the last additionall Articles sent out from the Lords of the Privy Councell, and the Governor of Oxford for the Surrender of the said City, and University.
This being a true Copie and examined, is Printed and Published, according to Order of Parliament.
London, Printed by E. P. 4. June, 1646.
Articles agreed on between Sir Edmund Fortescue Governour of Fort Charles of the one partie, and Major Pearse, and Captain Hall of the other partie, for the surrender of the said Fort into the hands of Coll. Ralph Weldon Governour of Plymoth, for the use of the King and Parliament; to the which Articles the said Col. Weldon fully agreed, as witnesse his hand and seale to these present Articles the seventeenth day of May, in the yeare of our Lord God, 1646. as hereafter followeth.
I IMprimis that Sir Edmund Fortescue Governour, and Sir Christopher Lukenor with their servants, and all and every of the Officers and Souldiers within Fort Charles, shall have and enjoy in their, and every of their severall and respective places capacities and degrees, full liberty in the profession of the true Religion, protested and vowed by both Houses of this present Parliament in their first grand Protestation, and shall not at any time hereafter at any time be letted on censured in their or any of their places or aboads, for serving in the practise and exercise of the same: And as we utterly defie and disclaime popery, so 'tis agreed that if any papist be found therein, to forfeit the benefit of the article.
II That the Governour, Mr. Iohn Snell his Captaine, and all Officers and souldiers belonging to the said Fort, shall have free liberty to go their owne homes, in any place [Page 2]or county within this Kingdom (or to passe beyond seas) and they not to be molested for the future, they submitting themselves to all orders and ordinances of Parliament.
III That the said Fort may not be known or called by any other name then Fort Charles, as now it is, nor any coate of armes in the dineing roome defaced, or any thing belonging to the Fort.
IV That Sir Edmund Fortescue the Governour, Sir Christopher Lukenor, and Captaine Kingstone, with their servants be permitted to goe to their homes, Sir Christopher Lukener to Fallapit, there to remain or elsewhere within this Kingdome under the power of the Parliament for the space of three moneths unmolested, and if they cannot make their peace with the Parliament then to have free liberty, to passe from any Port in this Kingdome beyond the Seas.
V That the Governour Sir Edmund Fortescue, his servants and all Officers and souldiers be quietly permitted to carry any cloaths money and other goods (which they can justly claime as their owne) to their houses and enjoy them without molestation.
VI That ten horses be provided for the Governours use from hence to Fallapit, and that any Officer or souldier have free liberty to transport his or any other goods by boat, or otherwise from hence to Kingwridge, and there to dispose of them at their pleasure.
VII That the Governour, Sir Christopher, their servants and all Officers and souldiers in the Fort, have free libertie to march from hence to Fallapit, with their usuall armes, drums beating, and colours flying, with bandeliers full of powder, and bullets proportionable, and there after 3 volleys to yeeld up their Armes to those whom Col. Weldon shall appoint to receive them; The Governour, Sir [Page 3] Christopher Lukenor with both their servants and likewise the Officers in Commission accepted.
VIII That on Saturday next, the ninth of this present May, by ten of the clock in the morning, the Governour and all Officers and souldiers of Fort Charles, shall then march out and surrender the same into the hands of Col. Weldon or whom he shall appoint, with all the Ordnance, Armes, Ammunition, victualls and every other thing thereto appertaining not mentioned in these articles without spoyling, breaking, deminishing or consuming of the same.
IX That no Officer or souldier or any other under the command of Col. Ralph Weldon Governour of Plymoth, shall reproach or any way spoile pilpher or molest any of the Officers or souldiers of the said Fort, in their march from hence to Fallapit, or elsewhere at the same distance from hence, or in their, or any of their respective repairings to their homes, or aboades in their or any of their persons, Armes bag and baggage.
X That during the time of the parley, vntell the time of surrender of the foresaid Fort there be none passe in or out or transport any by Sea or Land, from thence without the knowledge of both parties.
XI That sufficient hostages be delivered on both sides for the faithfull performance of these Articles.
I Forbore tell now to writ unto you, the delivery up of the considerable Garrison of Salcomb, I have sent you a note here with the Articles, which may confirm your beleif; that our Western Habitations begin to smile at a future Peace, this being the only remaining Garrison in these parts of the Enemy, so as I shall advice you to hasten down, and contract your expences in your own Countrey dwelling, which I hope will suite with your desires. Little newes further West, but that Pendennis holds out still, however are kept in from annoying the Countrey or procuring supplies, by the Gallentry, and watchfulnesse of the Commanders both by Sea, and Land.
The last additionall Articles sent forth from the Lords of the Privy Counsell. the Lord Keeper of the Great Seale, the Secretary of Estate, and the Governour of Oxford, for the surrender of the City and University of Oxford, into the hands of his Excellency Sr. Thomas Fairefax, for the Service of the Parliament.
THat all Ladies, Gentlewomen and other women now resident in Oxford, whose Husbands are absent out of the Kingdom, shall have free liberty to remain in Oxon, or to go to their Husbands houses, and there live, and enjoy a fourth part of their Husbands Estates, during their Husbands absence, for the maintenance of themselves and their Children, free from all Sequestrations, Seizures, Penalties, or Fines, without any Composition, or Molesta-whatsoever, and without having any Oath imposed upon them not required by Law.
That all His Majesties Chaplaines in Ordinary, and more particularly, those who are tyed to daily attendance who have been hindred by these troubles, from giving their due attendance in Course upon his Majesty, as by Oath they are obliged, shall have the full benefit of these Articles.
35 That in the fift Articles after those words (Both of Horse and Foot) it be added of what Nation or Countrey [Page 6]soever they be, and notwithstanding they have heretofore served on the Parliaments side, and are since come over to his Majesties service) which their Servants shall March out, &c.
36 That all the Officers, Souldiers of Horse and Foot of this Garrison, shall have three moneths pay truly payed them within the time limitted for free quarter.
37 That the 28. Article may be altered and run thus, That the Commanders, Officers, and Souldiers of the Ʋ niversity, and City Regiments raised by his Majesties Command, shall have the full benefit of these Articles in all things as priviledged persons, and Citizens without exception.
38 That no Officer, Souldier or other shall march out of this City within three weekes from the date of the conclusion of this Treaty, unlesse his Majesty command them in a lesse time, and then to march out upon the former Articles
- Richard Lane, Lord Keeper of the great Seale.
- Chichester.
- Cottington.
- Hartford.
- Dorset.
- Southampton.
- Seymour.
- Edward Nicholas Secretary of State.
- Thomas Glenham, Governour of Oxford.