ARTICLES OF AGREEMENT Between his EXCELLENCY PRINCE MAURICE, And the EARL of STAMFORD, Upon the delivery of the CITY of EXCESTER, The fifth of September, 1643. Together with a Letter relating the Earl of STAMFORDS' proceed in the West. Sept. 20. 1643. Imprimatur john White. LONDON, Printed for Tho. Walkley, and are to be sold at his shop at the sign of the flying Horse near York House. 1643. Articles of Agreement, etc. MAURICE, 1. IT is concluded and agreed on, that the City and Castle of Exon be surrendered into the hands of his Highness' Prince Maurice, with all Arms, Ensigns, Ordnance, Ammunition, and all other warlike provisions whatsoever within the said City and Castle. 2. That the right honourable Henry Earl of Stanford together with all Officers above the degree of Lieutenant's, both of horse and foot, now within and about this City and Castle, do march out of this City and Castle, on Thursday the 7. of this month, by nine of the clock in the morning, with their troops of horse, full Arms, bag and baggage, provided it be their own goods, and that the Lieutenant's and Ensigns march out with their swords at the East Gate, and that the foot soldiers march out at the same time leaving their Arms at the Guild hall, all having a safe Convoy to Windsor or to go elsewhere if they please, and such as will stay shall have pay in the King's Army. 3. That there be carriages allowed and provided to carry away their bag and baggage, and sick and hurt soldiers, and that an especial care be taken of such Officers and soldiers as (being sick and wounded) shallbe by the Earl of Stanford left behind in the said City, and that upon their recovery they shall have passes to departed to their own homes respectively. 4. That the King's forces march not into the City till the Parliaments force are marched out, except 100 Musketteeres at the East part through which they pass. 5. That his Highness shall forthwith procure a free and general pardon unto Henry Earl of Stanford Sir George Chudleigh, Sir john Bampfield, Sir john Northcot Baronet's, Sir Samuel Roberts, and Sir Nicholas Martin, Knights, and unto the Major, Bailiffs and Cominalty of the City of Exon, and to all other persons of what degree, condition, or quality soever, now being within the said City of Exon, for all Treasons and other offences whatsoever committed by them or any of them since the beginning of this present Parliament relating to these unhappy differences between His Majesty and the two Houses of Parliament, and that all or any of them shall have his particular pardon for the foresaid offences or treasons if he shall sue forth the same. 6. That the true Protestant Religion now established by Law shall be preserved and exercised in the City. 7. That all persons, Citizens and Inhabitants may at any time depart with their families, goods and estates, unto any part of this Kingdom, and that they and every of them shall have power to dispose, sell or alien either by themselves or others, whatsoever goods or parts of their estates, they shall not convey or carry with them. 8. That all persons now in this City may have free liberty to repair to their houses in the Country or elsewhere, and there to remain in safety, and enjoy their estates, lands, rents, and goods, without plundering, fine or imprisonment, or any other molestation, and may travel to and fro without any interruption, hindrance or denial. 9 That all Ministers and Preachers of God's word now within this City shall have free liberty either to stay here or go to their own houses, cures or charges, or elsewhere within his Majesty's Dominions, with their wives, children, families and goods, there to abide peaceably, and to exercise their ministerial functions, and to enjoy their estates according to the Laws of the Land. 10. That all the Charters, Liberties, Privileges and Franchises, Lands, Estates, Goods and Debts of the said City shall be preserved and confirmed, and that the ancient government thereof, the present Governors and Officers may remain and continue in their former condition. 11. That no new oath or protestation be enforced upon any, nor any compelled to take up Arms against the Parliament. 12. That for avoiding inconveniences and distractions, the quartering of soldiers be referred to the Major and Governor of the City for the time being. 13. That all these Articles which are now agreed upon shall be ratified and confirmed by His Majesty under the great Seal of England. 14. That the Officers and Soldiers in their marching out shall not be reproached, or have any disgraceful speeches or affronts offered or given unto them by any Officer or Soldier of the Kings, and that the convoy appointed to march with them may go and return safely without any violence or wrong offered unto them by any force of the adverse party. Stanford. Chr. Clerk Major. Rich. Cave. Jos. Bamfield. The Letter. SIR, I Send you the Articles of agreement for the delivery up of Exeter, partly to satisfy the world, as well as you of the causes of the loss of it, and some of the precedent passages of the Earl of Stamford, which I pray communicate. I hear there be some will hereafter enlarge the story; accept of these in the mean time. It is not unknown to those that have looked into the passages of this late and present War, that the Earl of Stamford was always as forward for the Parliaments Cause as any Peer or Member of the House of Commons whatsoever. That his freeness of spirit was the occasion why he was continually put on upon the forlorn hope of his excellency's Army, and that when the King was at Shrewsbury, it being uncertain which way the King would take, the Earl was sent before to Hereford a malignant County, and frontier to a malignanter Wales, all which he gallantly kerbed with only 800. Foot, and two Troops of Horse for above ten week's space, till he was constrained to come to Gloster upon Colonel Essex his leaving of it naked, and then there came to him a Commission from his Excellency, and the Parliament upon the request of the Pembrokeshire Gentry, and others that he might be General of all Wales, and the four Counties adjoining, which he no sooner had received, but he presently raised three new Regiments at the charge of the well-affected County of Gloster, visited Sommersetshire and Wiltshire, and had proceeded on in the other Counties for the raising of a fare greater force, without charging the Parliament or the City of London, but he was suddenly commanded away to Exeter with Mericks' Regiment only, leaving his former Horse and Foot under his Lieutenant Colonel Massy in Gloster, and the new raised Regiments uncompleted, and there being no certain Commander left in chief by reason of the difference between Colonel Fines and Essex. His Excellency intimated to the Committee for the safety of the Kingdom by Colonel Hampden that the Earl of Stamford might be called bacl into Glostershire; but that not being thought fit, and the Earl being betrayed or unobeyed (choose you whether) as he hath ever been since he went into those parts by his then Lieutenant General, and the Country Colonels at Liscard to secure Plymouth, was besieged there, during which time Cirencester was lost, and all that well-affected County but 〈◊〉▪ which was then also besieged, defended by Massy, and relieved by Sir William Waller. The Earl had no sooner freed himself of the siege of Plymouth, and cut off the Enemy at Modbury, but the Country people usually wilful to their humours will have a Treaty, having forgotten the fresh plundering of their houses and cattles, and the barbarous destroying of their fruit trees by the Cornish. The Earl must fight with the hands that would treat, and pay his Army with their money, which before he had a discretive power to do, but now because he could not make them do what they would not, his Lordship's power of disposing of money was taken away which gave great discontent to the Officers and Soldiers: Mr. Buller was displaced, a man of fortune and honesty to the Parliament, and young Chidleigh put in his place of Major General, without the nomination of the Earl, which made him knowing Chidleighs fire and heat, to make his father Sir George Chidleigh Lieutenant General for his more temper. The new Major to make good the vogue of the people doth a stratagem in a dark night with 108. Horse to all men's amazement, but his enemies, that he might betray them with more confidence as he did afterwards. Now these great orderers of the Earl's Army, full in popularity, and presumed by all men to know the Country well led the Army and Earl to such a way, that had he not rid out himself with some few Gentlemen to take the air and view the Country, all his Foot had been brought unawares upon the enemies whole Body, at the same time when the father Chidleigh had carried away half the Horse into Cornwall first, presently Mr. Anthony Nichols by warrant under the son's hand took all the rest Horse and Dragoons, with the Lifeguard from the Earl without his knowledge. The time now comes to betray the Foot in the Horse's absence: The Earl having viewed the ground that it was morasse but in two passages at a bridge and a mill, and a third to a house adjoining, commands a good guard of Musquetiers to every of them, Chidleigh disappoints those places, and the Enemy strait possesseth them (and it is since confirmed by two Sentinels whom Chidleigh cudgeled that night for shooting at him that he was absent in the Enemy's quarters above an hour) and alarms him by break of day, where himself was taken, and the Van of a brave Army killed, taken, and rooted with him. After all this the Earl had 3000. men left, store of Ammunition and Ordnance, which himself stood to, and entreated them to stand also, but no entreaty could persuade above thirty of them to stay. The Earl made his retreat by Barnstable, for the securing of that and Bidford for their consequence on the Irish Seas, and so to Exeter, where he was besieged by young Chidleigh, and the same popularity that ran away from him before, and continued besieged three months and nineteen days; during which time, we hear it was laboured in the City of London on the behalf of the Earl that there might be 2000 of their new Auxiliaries sent thither by Sea, with the Earl of Warwick who otherwise attempted the raising of the siege, but either for want of that strength, or else by the treachery of Sir Alexander Cary (who since hath been surprised in design of delivering up St. George his Island to the Falmouth Forces) could not effect it, though he lost three Ships in attempting it, or else by land to join with Sir Walter Earl, and by that means Dorchester, Weymouth, and all that Country might have been saved. When the Earl of Stamford being so relieved, might have had a sufficient force to have come upon the back of Sir Ralph Hopton, Sir William Waller being in his Front with so great a force of Horse and Dragoons, whereof 1200. had been sent from the Earl: but no supply coming from the City of London or elsewhere, nor intelligence passing, the siege was so straight, and the Citizens of Exon not well stomaching their Soldiers, nor paying them, nor quartering them like men, suffering hundreds of them to lie upon stalls, whereby above a thousand of them ran away, and most probably to the Enemy: they urged the Earl to their conditions, although the Enemy himself had but two days before offered fifteen day's time to send to the Parliament for aid, or else to render upon honourable conditions, which was then refused, but these are plausible enough to those that hope only to be quiet in this world, and wish for peace and pardon at any rate, which I believe they shall as well enjoy as their Appletrees. Sir, I shall add one thing more, to tell you the generosity of the City of Exeter, and their affections to the Parliament Arms, that although the 500 men left in the Town had endured so many assaults, watched constantly every second night, and sometimes four or five together, and in one of many sallies had slain and taken 200. men, and brought away three pieces of Ordnance, and withal they had not lost one inch of ground, would not pay the Soldiers nor Commanders in the Town, nor give them one farthing at their going out of it. FINIS.