A true Copy of the ARTICLES A greed on at the surrender of EXETER; Examined, perused, and signed by his Excellency Sir Thomas Fairfax, With a punctuall Relation of the setlement and condition of that City by his Excellency.
The particulars at large of the further gallant proceedings of his Excellencies Army in the West, their daily motions and advance for Oxford.
The surrender of St. Michaels mount, with the Conditions agreed on.
- 30 pieces of Ordnance.
- 3 Murdering pieces.
- 100 barrels of Powder.
- 500 Muskets.
- 100 Pik [...]s.
- 80 Tonne of Wine.
- And store of other Provisions taken there.
The Treaty for the surrender of Pendenis and Dunster Castle.
Commanded to be forthwith printed and published by the Originall Papers by order of Parliament.
London, Printed f [...] F. Goles in the Old-baily. 1646.
I Received yours this day, and returne you many thanks for your full intelligence, therein; our's here (you see) daily abates, as well as our action: what you will have now will be little more then a bare relation of our motion; nor can more be expected till we come into the Midland parts; and too I hope our work will be but short: The Generall hath sent Col. Ceelys Regiment of foot, part of Col. Roles Regiment, and a party commanded by Lieut. col. Croaker (1500 in all) to assist in the blocking up of Pendennis and the Mount, and two of the three Regiments there will be drawn away Eastward with the Generall: Col. Hamond is [Page 2] appointed Governour of this city; and three of the countrey Regiments for the easing of the countrey reduced and placed in the Garison a compleat Regiment for the Governour. Those reduced were: col. Fryes, col. Shapcots, and col. Weares Regiments. Tomorrow the Generall will advance hence towards Chard, and intends a Rendezvouz the 23 instant at Salisbury. There were in this city and in the castle about 30 pieces of Ordnance, and 150. Barrels of Powder, with great store of other Ammunition: I have sent you inclosed the copy of the Articles, which had come to you before, but that I was enjoyned the contrary, I hope they will be satisfactory now; and were perused and signed as you may see) with his Excellencies own hand, Sir, I remain.
THe Messenger staying, I can now give you this further Accompt; Yesterday the Generall came from Exeter to Chard, and this day we Marcht to Darchester: This Morning there came Letters from Col. Hamond of the surrender of St. Michaels Mount in Cornwall on Thrusday Morning last: Sir Arthur Bassett was Governour, and he and the rest of the citizens to goe to Silley: There were taken therein 30 pieces of Ordinance, 3 murdering pieces, 100 barrels of Powder, 500 muskets, 100 Pikes, 80 Tun of Wine, store of other provisions; The next day he intended to summon Pendennis, and I hope you will shortly have a good account thereof, Col. Rowses Regiment of 600 were come then to Truro, so that Col. Ingoldsby and Col. Hamond will come to the Generall.
Chard April 19, 1646.
I shall adde one word more, that since the writing of the last, intelligence is come that Pendennis is upon Treaty, and likewise Dunster Castle.
Articles of Agreement concluded upon by Thomas Hamond Lieutenant Generall of the Ordinance, Col. Sir Hardresse Waller, Col. Edward Harley, Col. Lambert, Commissary Generall Stane, and Major Watson Sccui-Master Generall, Commissioners on the behalfe of the right Honorable His Excellency Sir Thomas Fairfax, Generall of the Parliaments forces, on the one party: and Sir Henry Berkeley, Sir. Geo. Parry,Col. Ashburnham, Col. Godolphin, Captaine Fitz-Gerald, Mr. Jo. Weare, M. Robert Walker and M. Tho. Knot, Commissioners on the behalfe of Sir John Berkeley Knight, Governour of the City of Exceter, on the other party, touching and concerning the Rendition of the said City and Garison as followeth:
I. THat the City and Garison of Exceter, together with the Castle, and all Forts, and Mounts, places of defence, of, or belonging to the same; with all Ordnance, Armes, and Ammunition, Provisions, and furniture of War belonging to the Garison (excepting what shall be excepted in the ensuing Articles) shall be delivered unto Sir Thomas Fairfax Generall of the Parliaments forces, or to any whom hee shall appoint to receive them for the use of the Parliament, on Munday [Page 5] next after the date hereof being the thirteenth of this instant April by 12 of the Clock at noon.
II That if any Officer, Souldier, or any Person included in these Articles, wrong, or plunder in Person or Goods (in their March away or before) any Citizen or Countrey-man or any Person whatsoever, shall as farre as he is able give satisfaction to the Persons so injured at the Judgement of his Excellency, Sir Thot Fairefax.
III That if any Officer, Souldier, or any Person (included in these Articles) shall after the Date hereof Wilfully, Break Deface, Spoyle or imbeazle any Armes or other Provisions of Warre whatsoever by the precedent Articles to be surrendred as aforesaid shall lose the benefit of the insuing Articles.
IV That the Princesse, Henrietta, and her Governesse, with her Houshold, shall have full liberty to passe with their Plate, Moneys and Goods, within 20. dayes after the Conclusion of this Treaty, (when she shall desire) to any place within the continent of England or Dominion of Wales, at the Election of the Governesse, and there to remain untill His Majesties Pleasure be further known touching her setling, and that the Governesse shall have liberty to send to the King, to know His Pleasure herein, accordingly to dispose of Her Highnesse within the aforesaid limitation of Places, and that sit and convenient Carriages be provided for their Passage, at reasonable Rates
[Page 6] V That the Cathedrall Church, nor any other Church within the City shall be defaced, or any thing belonging thereunto spoyled or taken away by any Souldier or Person of either side whatsoever.
VI. That the Governour together with all Lords, Clergimen, Gentlemen, Captaines, Officers, Troopers and common Souldiers, shall march out of the City on Munday next the thirteenth of April by 12 of the clock at noone, with their Horses, full Armes, Bag and Baggage, and their Goods, Colours flying, Drums beating, Matches lighted, Bullets, full Bandaliers with sufficient convoyes unto Oxford, or unto Helston in Cornwall at their severall elections, and in case the Governour of Oxford shall refuse to receive the common Souldiers that shall march thither, they are there to deliver up their Armes to the convoy, and have passes to repaire unto their severall homes, and those that march unto Helston are there to be disbanded, and to have passes to their severall homes. That all Troopers and common Souldiers which march not as aforesaid shall deliver up their Armes except their Swords, and have liberty to goe unto their owne homes with bag and baggage, and shall not be compelled to take up Armes against the King, provided also that all Officers and Gentlemen that shall chuse to goe to Oxford and not taking up Armes, shall repaire into the Parliaments quarters within 40 dayes after the date hereof, and shall enjoy the benefit of these Articles.
[Page 7] VII. That all those, which shal march to the Garrisons aforesaid, shall have free quarter in their march, and not be obliged to march above tenne miles a day, and that such other Souldiers as are Inhabibitants in the Citie, shall receive free libertie to march out, or remaine therein, without being compelled to take up Armes against the King: And if any Souldiers fall sick upon their march that convenient Catriages and Accomodations shall be provided for them.
VIII. That all Lords, Gentlemen, Clergie-men, Chaplaines, and Officers, that shall chuse to goe beyond Seas, shall march away with their full Armes for their owne use; And that all common Souldiers shall match away with their full A [...] with a sufficient Convoy unto the Port which they shall chuse for their transportation: Which Armes, they shall there lay downe, and deliver unto the Governour of the next Garrison belonging to the Parliament, the said Governor, providing for their safetie during the time of their abode their, where they shall be assisted for the procuring Vesseils and shipping for their transportation at the accustomed Rates, and shall have free Quarter for twentie one dayes allowed, to provide for their passage. After which time shall be expired, the same Officers and Souldiers paying for their [Page 8] Quarters, shall have libertie to stay untill shipping be provided, and weather seasonable; and that during their stay; or before, it shall be permitted; That any two of them may goe to London, to treat with any Forrame Ambassadour or Agent, for a Commission to be entertained beyond the Seas.
IX. That neither the Officers, Souldiers, nor any person whatsoever, in their going out of the Citie shall be reproached, or have any disgracefull speeches, or affront offered unto unto them, or any of their persons, wronged, rifled, searched, or their goods seized, or taken away from by any person whatsoever.
X. That the Governour, Lords, Gentlemen, Clergie-men Chaplaines, Commanders, Officers, and Souldiers, comprized in these Articles, shall be allowed & assisted in providing of sufficient Carriages at reasonable Rates to carry away their Bagge, Baggage and Goods; and that cafe be taken by the future Governour of the said Citie, for the curing of such sicke or wounded Officers and Souldiers as shall be lest in the Citie, and that upon recovery, they shall have Passes to repaire to their owne houses respectively.
[Page 9] XI. That the Parliament Forces come not into the Citie untill the Kings Forces be marched out, orcent one hundred and fiftie foor, and one Troope, of Horse with their Officers.
XII. That no Lords, Kingths, Gentlemen, Clergiemen, Chaplaines (excepting those, who are by name excepted by Parliament, from pardon and composition) Officers, Citizens and Souldiers, and all other persons comprized within these Articles, shall be questioned or, accountable for any Act past by them done (or by any other by their procurement relating unto the unhappy differences betwixt His Majestie and the Parliament they submitting themselves to reasonable and moderate composition for their Estates, which the General Sir Thomas Fairfax shall really indeavour with the Parliament, that it shall not exceed two yeares valew of any mans reail Estate respectively and for personall, according to the ordinarie rule once exceeding the proportion a foresaid, which Composition being made, they shall have indemnitie for their persons, and enjoy their Estates and all other imunities, without payment of any fifth or twentieth part, or any other Taxes or Impositions, except what shall be hereafter charged upon them in common, with other Subjects of this Kingdome, by Authoritie of Parliament.
[Page 10] XIII. That all Lords, Knights, Gentlemen, Clergy, & Chaplaines, (excepted in the precedent Articles) shall have libertie to goe unto any of the Kings Garrisons, and to have a safe Conduct for themselves and servants, to goe unto the Parliament to obtaine their Composition for their Estates, and indempnitie for their persons, which, (though it prove ineffectuall) yet neverthelesse they shall have foure moneths time next after the date of these Articles to indeavour their peace, or to goe beyond the Seas, and shall have passes for that purpose.
XIV. That all Horses, Armes, Money, and other Goods whatsoever, taken as lawfull prizes of Warre, before or during the siege now in the Citie, be continued in the possession of the present possessors.
XV. That all Officers, Gentlemen, Citizens, Inhabitants, Clergie men, Chaplaines, souldiers, and all other persons within the Citie, during the time of their making their Composition, shall have free libertie, either to inhabite within the same Citie or shall have free libertie at any time to depart with their Families, Goods and Estates, unto any part of this Kingdom in the Parliaments quarters; & before Composion made, the Merchants & Trades-men to enjoy their Merchandizing and [Page 11] Trades; & after composition made, al others (now prohibited by Ordinances of Parliament) to enjoy and exercise their professions, or goe beyond the Seas, and they, and every of them, shall have power to dispose and sell to their own uses, either by themselves or others, whatsoever part of their Goods or Estates, they shall not carry or convey away with them: And all Inhabitants, which did Inhabite within the Citie, within seven Moneths past, having made their compositions as abovesaid, shall enjoy the benefit of this and the 12. and the 22. Articles.
XVI. That all Charters, Customes, Priviledges, Franchises, Liberties, Lands, Estates, Goods, and Debts of the Major, Aldermen, Bayliffe, Commonaltie, as a Corporation, and all other Corporations of the said Citie shall be injoyed by them, and that the Ancient Government thereof remaine as formerly.
XVII. That if any Persons or Inhabitants, which are comprised within these Articles, shall breake any of them; That such Breach shall onely touch and concerne such Persons, and they to make such satisfaction for the same as the cause shall require.
[Page 12] XVIII. That all Persons comprised within these Articles, shall have upon request a Certificate under the hand of his Excellencie Sir Thomas Fairfax or the future Governour of the Citie, that such Persons were in the Citie at that time of the surrendring thereof, and are to have the benefit of these Articles.
XIX. That his Excellencie Sir Thomas Fairfax give assurance; That all Officers and Souldiers in the Parliaments Armie, and all others under his Command, shall duely and exactly observe all Articles aforesaid: And that if they, or any of them, shall directly or indirectly violate or insringe the same; Upon complaint thereof, J [...] may be done, and reparation made.
XX. That the Inhabitants of the Citie, shall be cased and freed from all Free-Quarter, or billet of Souldiers, except in cases of urgent necessitie, other then for lodging, and that to be ordered and disposed by the advice of the Major or his Deputie.
XXI. That no Oath, Covenant, Protestation, or Subscription (relating thereunto) shall be imposed [Page 13] upon any person whatsoever comprised within these Articles, but onely such as shall binde all persons aforesaid, not to beare Armes against the Parliament of England, now sitting at Westminster, not wilfully doe any Act prejudiciall, unto their Astaires, whilst they remaine in their Quarters: Except the persons aforesaid shall first render themselves unto the Parliament, who shall cause them to be secured if they think fit.
XXII. That for the further and clearer understanding of the precedent Articles, it is hereby declared, that the true meaning of them is; That all persons comprised within these Articles, shall quietly and peaceablie enjoy all their Goods, Debts, and Moveables during the space of foure Moneths next ensuing, and be free from all Oathes, Covenants, and Protestations, and have libertie within the time of the said foure Moneths in case they shall not make their composition with the Parliament (and shall be resolved to goe beyond Seas) to dispose of their said Goods, Debts, and Moveables allowed by these Articles, and to depart the Kingdome, if they shall think it, and to have passes for that purpose, or otherwise to stay in the Kingdome.
XXIII. That Mount Radford, and the Ward in St. Thomas Parish, with the provisions of Warre thereunto [Page 14] belonging, be delivered unto his Excellencie Sir Thomas Fairfax, or whom he shall appoynt to receive them, in assurance of the performance of the precedent Articles, to morrow by six of the Clock in the Afternoone, being the 7. of April, and that foure such Gentlemen or Officers as his Excellence shall approve of, shall be delivered at the same time as Hostages for the performance of the fore-going Articles on the one part, and two Hostages, such as Sir John Berkley Knight, Governour of the Citie of Exceter shall approve of, and appoynt to be received for performance on the other part.
XXIV. Lastly, that these Articles be ratified and confirmed mutually by his Excellencie Sir Thomas Fairfax on the one part, and Sir Iohn Berkley Knight, Governour of the Citie on the other part.
I doe hereby ratifie and confirme the Articles abovesaid, agreed on by the commissioners on my Part.