THE ARTICLES OF EXETER, Made on the Rendition thereof.  
WITH The Vote of the Honourable House of Gommons, in the Approbation of them of the 6. of May, 1646.  
With the Order and Ordinance of the Lords and Commons in Parliament assembled, for the Approbation, Publication, and Observation of them, by all Committees, Judges, and Officers, and others concerned in them, of the 4. of this instant Novemb, 1647.  
LONDON, Printed in the year, 1647.   

Dated at Exeter the 8. day of April, at 10. of the clock at night. 1646.  
Articles of Agreement concluded on by Thomas Hammond, Lieutenant general of the Ordnance, Colonel Sir Hardres Waller, Colonel Edward Harley, Colonel Lambert, Commissary general Stane, and Major Patson, Scout-master general, Commissioners on the behalf of the Right Honourable his Excellency Sir Thomas Fairfax, general of the Parliament Forces on the one party: And Sir Henry Berkley, Sir George marry, Col: William Ashburnham, Col: Godolphin, Captain Fitz-Gerard, Master John Were, Robert Walker Esq. and Master Thomas Knot Merchant, Commissioners on the behalf of Sir John Berkley, Knight, governor of the City of Exeter on the other party, touching and concerning the Rendition of the said City and Garrison as followeth.  
1. THat the City and Garrison of Exeter, together with the Castle, all Forts, Mounts, and places of Defence of or belonging to the same, with all Ordnance arms, Ammunition, Provision● and Furniture of war belonging to the Garrison, exc●pting what shall be excepted in the ensuing Articles) shall be delivered unto Sir Thomas Fairfax, general of the Parliament Forces, or to any whom he shall appoint, to receive them for the use of the Parliament, on Monday next after the date hereof, being the 13. day of this instant April, by twelve of the clock at noon.  
2. That if an Officer, Soldier, or any person included in these Articles of or belonging unto the City or Garrison of Exeter, shall after the conclusion of these Articles, wrong or plunder in person or goods (in their marching away or before) any Citizen or Countryman, or any person whatsoever, shall as far as he is able give satisfaction to the persons so injured at the judgement of his Excellency Sir Thomas Fairfax, if he be not punished before by the present governor thereof.  
3. That if any Officer, Soldier, or any person (included in these Articles) shall after the date hereof, wilfully break, deface, spoil or embezzle any arms, or other provisions of War whatsoever, by the precedent Articles to be surren dread as aforrsaid, shall lose the benefit of the ensuing Articles.  
4. That the Princes Henrietta and her governess, with her household, shall have full liberty to pass with their Plate, Money, and goods, within twenty days 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 governess, and there to remai●e until his majesty's Pleasure be farther known tou●hing her settling; And that the governess shall have liberty to send to the King to know his Pleasure herein, accordingly to dispose of her highness, within the foresaid limitation of place, and that fit and convenient Carriages be provided for their passage at reasonable rates.  
5. That the cathedral Church, nor any other Church within the City shall be defaced, or any thing belonging thereunto spoiled or taken away by any Soldier or person of either side whatsoever.  
6. That the governor, together with all Lords, Gentlemen, clergymen, chaplains, Officers, Troopers, and Common-Soldiers of the King's Forces▪ shall march out of the City on Monday next the 13. of April, by twelve of the clock at noon, with their Horses, full arms, Bag and Baggage, and their Goods, Colours flying, Drums beating, Maches lighted, Bullets, full Bandoleers, with sufficient convoys to Oxford, or unto Helstone in Cornwall, at their several elections. And in case the governor of Oxford shall refuse to receive the Common-Souldiers that shall march thither: They are there to deliver up their arms to the Convoy, and have Passes to repair to their several homes: and those that march to Helston, and there to be disbanded, and have Passes to repair to their own homes. Provided that all Troopers and Common-Soldiers which march not as aforesaid, shall deliver up their arms, (except their Swords) and have liberty to go unto their own homes with Bag and Baggage, and shall not be compelled to take up arms against the King. Provided also, that all Officers and Gentlemen that shall c●oose to go to Oxford, and not taking up arms, shall repair into the Parliament Quarters within forty days after the Date hereof, shall enjoy the benefit of these Articles.  
7. That all those which shall March unto the places aforesaid, shall have free Quarter in their March, and not be obliged to march above ten miles a day, and that such other soldiers as are Inhabitants in the City, shall have free liberty to march out, or remain therein, without being compelled to take up arms against the King: And if any soldiers shall fall sick upon their march, that convenient Carriages and Accommodations shall be provided for them.  
8. That all Lords, Gentlemen, Clergymen, chaplains, and Officers that shall choose to go beyond Seas, shall march away with their full arms for their own use; and that all common Soldiers shall march away with their full arms, with a sufficient convoy unto the Port, which they shall choose for their transportation, which arms (except swords) they shall there lay down, and deliver unto the governor of the next Garrison belonging to the Parliament; the said governor providing for their safety, during the time of their abode there, where they shall be assisted for the procuring Vessels and Shipping for their transportation at the accustomed Rates, and shall have free Quarter for one and twenty days allowed to provide for their passage. After which time shall be expired, the same Officers and soldiers paying for their Quarters, shall have liberty to stay until Shipping be provided, and weather seasonable▪ and that during their stay, or before, it shall be permitted, that any two of them may go to London, to Treat with any foreign ambassador or Agent, for a Commission to be entertained beyond the Seas.  
9 That neither the Officers, soldiers, nor any Person whatsoever, in their going out of the City, shall be reproached, or have any disgraceful speeches or affronts offered unto them, or any of their Persons wronged, rifled, searched, or their goods seized, or taken away from them, by any person whatsoever.  
10. That the governor, Lords, Gentlemen, Clergymen, chaplains, Commanders, Officers, and soldiers comprised in these Articles, shall be allowed and assisted in providing of sufficient Carriages at reasonable rates, to carry away their Bag, Baggage and Goods; and that care be taken by the future governor of the said City, for the curing of such sick, or wounded Officers and soldiers, as shall be left in the City, and that upon recovery, they shall have Passes to repair to their own houses respectively.  
11. That the Parliament Forces come not into the City until the King's Forces be marched out, except one hundred and fifty Foot, and one Troop of Horse, with their Officers.  
12. That no Lords, Knights, Gentlemen, clergymen, chaplains, (excepting those who are by name excepted by Parliament from Pardon and Composition) Officers, Citizens and Soldiers, and all other persons comprised in these Articles, shall be que●●●oned or accountable for any act past by them done, (or by any other done by their procurement) relating unto the unhappy differences betwixt His Majesty and the Parliament, they submitting themselves to reasonable and moderate composition for their estates, which the general Sir Thomas Fairfax shall really endeavour with the Parliament, that it shall not exceed two years value of any man's real estate respectively; and for personal, according to the ordinary rule, not exceeding the proportion aforesaid. Which composition being made, they shall have Indemnity of their persons, and enjoy their estates, and all other Immunities, without payment of any 5. or 20. part, or any other Taxes or Impositions, except what shall be hereafter charged upon them in common with other Subjects of this kingdom by Authority of Parliament.  
13. That all Lords, Knights, Gentlemen, Clergy and chaplains excepted in the next precedent Article, shall have liberty to go unto any of the King's Garrisons, and to have a safe Conduct for themselves and servants, to go unto the Parliament, to obtain their Composition for their Estates, and Indemnity for their persons, which though it prove uneffectual) yet nevertheless they shall have four months' time next after the date of these Articles to endeavour their peace, or to go beyond the Seas, and shall have passes for that purpose.  
14. That all Horses, arms, Money, and other goods whatsoever, taken as lawful prize of War, before, or during the siege now in the City be continued in the posses●●on of the present possessor.  
15. That all Officers, Gentlemen, Citizens, Inhabitants, Clergymen, Chaplains, soldiers, and all other persons within the City, during the time of the making their Compositions, shall have free liberty, either to inhabit within the same City, or shall have free liberty at any time to depart with their Families, Goods and Estates, unto any part of the kingdom in the Parliaments Quarters, and before Composition made, the Merchants and Tradesmen to enjoy their Merchandizing and Trades. And after Compositions made, all others now prohibited by Ordinance of Parliament, to enjoy and exercise their professions, or go beyond the Seas. And that 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 inhabit within the City, within seven months past, having made their Compositions as abovesaid, shall enjoy the benefit of this, and of the 12. and 22. Articles.  
16. That all Charters, customs, privileges, Franchises, Liberties, Lands, Estates, Goods and Depts of the Major, Aldermen, bailiffs, commonalty, as a Corporation, and all Corporations of the said City shall be enjoyed by them: And that the Ancient Government thereof, remain as formerly.  
17. That if any persons, or Inhabitants which are comprised within these Articles, shall break any of them, that such breach shall only touch and concern such persons, and they, to make ●●ch satisfaction for the same, as the cause shall require.  
18. That all persons comprised within these Articles, shall have upon request, a Certificate under the hand of his Excellency Sir Thomas Fairfax, or the future governor of that City, that such persons were in the City, at the time of the surrendering thereof, and are to have the benefit of these Articles.  
19 That His Excellency Sir Thomas Fairfax, give assurance, that all Officers and soldiers in the Parliaments Army, and all other under his Command, shall duly and exactly observe all these Articles. And if they, or any of them, shall directly, or indirectly violate or infringe the same, upon complaint thereof, Justice may be done, and reparation made.  
20. That the Inhabitants of the City shall be eased, & freed from all free quarter and billet of soldiers, except in cases of urgent necessity other then for lodging, and that to be ordered and disposed by the advice of the Major and his Deputy.  
21. That no Oath, Covenant, Protestation or subscription relating thereunto, shall be imposed upon any person whatsoever comprised within these Articles, but only such as shall bind all persons aforesaid, not to bear arms against the Parliament of England, now sitting at Westminster; nor wilfully do any Act prejudicial unto their affairs, whilst they remain in their Quarters, except the persons aforesaid, shall first render themselves unto the Par●●. who shall cause them to be secured, if they think ●it.  
22. 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 peaceably enjoy all their goods, debts, & moveables, during the space of four months, next ensuing: and be free from all Oaths, Covenants, Protestations; and have liberty within the time of the said four months, in case they shall not make their Compositions with the Parliament, and shall be resolved to go beyond the Seas, to dispose of their said goods, debts, and moveables, allowed by these Articles, and depart the kingdom, if they think fit, and to have Passes for that purpose, or otherwise to stay in the kingdom.  
23. That mount Radford, and the Wards in Saint Thomas Parish with the Provisions of War thereunto belonging, be delivered unto his Excellency Sir Thomas Fairfax, or whom he shall appoint, to receive them in assurance of the performance of the precedent Articles, to morrow by six of the clock in the afternoon, being the ninth of April. And that four such Gentlemen or Officers as his excellency shall approve of, shall be delivered at the same time as Hostages for the performance of the foregoing Articles on the one party. And that at the same time two Hostages be delivered unto Sir John Berkley, Knight, and governor of the City of Exeter, such as he shall approve of, or unto whom he shall appoint, to receive them in assurance of the full performance of the Articles granted on the other party.  
24. Lastly, that these Articles be ratified and confirmed mutually by his Excellency Sir Thomas Fairfax on the one party, and Sir John Berkley, Knight, governor of the City on the other party.  
I do ratify and confirm the Articles abovesaid, agreed upon by the Commissioners on my part. Given under my hand the 9 day of April. 1646. FAIRFAX.  
Ex' Et concordat cum Original'.  
H. Elsing, Cler. Parl. D. Com.   

Die Mercurii 6. Maii. 1646.  
THe Articles made and agreed upon between Sir Thomas Fairfax, general, and Sir John Berkley, governor of Exeter, upon the Rendition of the said City, &c. to his Excellency Sir Tho: Fairfax, were all this day read, and upon the Question approved.  
H. Elsing Cler. Parl. D. Com.   

Die Jovis 4. Novemb. 1647.  
THe Lords and Commons assembled in Parliament do approve of the Articles of Exeter, and Order this Approbation be published, to the end all people concerned may take notice thereof. And that the Committees, judges, Officers, and other persons concerned therein, do take notice thereof, and observe the same, any Orders or Ordinances to the contrary notwithstanding.  


Jo: Browne Cler. Parliamentor.  
H. Elsing, Cler. Parl. D. Com.