A perfect true Copy OF THE ARTICLES Agreed on by the Commissioners on both sides, for the surrender of Oxford to his Excellency Sir Thomas Fairfax. Signed, Sealed, Ratified, and Confirmed by his Excellency, and the Lords and Commissioners for Oxford, Commanded to be forthwith printed and published by Order of Parliament for general satisfaction of the Kingdom, and for the confutation of those imperfect and impertinent Copies, before published to abuse the Kingdom. LONDON, Printed for F. Coles in the Old-baily. 1646. Agreed at Marston, Saturday June 20. 1646. Articles of agreement concluded and agreed by his Excellency Sir Thomas Fairfax Knight, General of the Forces raised by the Parliament, on the one party: And the Right Honourable Sir Richard Lane Knight, Lord Keeper of the great Seal of England, Francis Lord Cottington, Lord high Treasurer of England, William marquis of Hertford, Edward Earl of Dorset, Lord Chamberlain of His Majesty's Honourable Household, Thomas Earl of Southampton, Francis Earl of Chichester, Francis Lord Seymour, Sir Edward Nicholas, one of His Majesty's principal Secretaries of State, all of them of His Majesty's most Honourable Privy Council, and Sir Thomas Glemham Knight and Governor of Oxford, of the other party: for and concerning the rendering the Garrison of Oxford, as followeth: 1. THat the Garrison of Oxford, with the Castle Forts, Mounts, and places of defence whatsoever, with all the Ordnance, Arms, Ammunition, and Provisions of war, with all Magazines and Stores thereunto belonging; excepting what is allowed in the ensuing Articles, shall be delivered unto his Excellency Sir Thomas Fairfax, or whom he shall appoint, without wilful spoil or imbezlement, upon Wednesday the 34 of this instant june 1646. at ten of the clock in the morning. 2. That his Highness the Duke of York shall have an Honourable Convoy to London, where other of his Majesty's children are, attended by his Officers and Servants, and fitting Accommodation for removal of his household and goods thither, and shall have an honourable provision befitting his Dignity appointed for him by the Parliament, and to remain there until His Majesty's pleasure be known touching his settling there or elsewhere, and then to be disposed accordingly, to any place within 80 miles of London, and shall have Officers and Servants to continue about him as the Parliament shall approve. 3. That their Highness' Prince Rupert, and Prince Maurice shall have liberty and Passes for themselves with their Servants, Horses, Arms, and Goods (the number of their Horses for them and their train not exceeding 70) to repair to any place within 50 miles of London (so it be not within 20 miles of London, without leave from the Parliament, nor in any Garrison) and there to abide for the space of six months after the rendering, free from any molestation by imposition of Oaths, or otherwise, and shall have Passes to go beyond the Seas at any time within the said six months, with their said Servants, Horses, Arms, and Goods, they engaging themselves upon their Honours, not to use the liberty hereby granted in the mean time to any Hostility against the Parliament of England sitting at Westminster, or any way wilfully to the prejudice of their affairs. And they are to have the benefit of such the ensuing Articles as may concern them. 4 That the Seals called, The Great Seal, Privy Seal, and the Signet, and the Seals of the King's Bench, Exchequer, Court of Wards, Duchy, Seals of the Admiralty and prerogative as also the Sword of State, shall at such time and in the presence of two such persons as the General Sir Thomas Fairfax shall appoint be locked up in a Chest, and left in the public Library; And if any of the aforenamed particulars shall not be then accordingly produced the default thereof shall not be charged upon any other person, than such as have the Custody thereof, and shall wilfully detain or imbeazle the same. 5 That Sir Tho. Glemham Knight, etc. Governor of Oxford with his Servants and all that to him belongs, and all Officers and Soldiers of Horse and Foot, and of the Train of Artillery, (as well Reform Officers and Soldiers as other) with their, Servants, and all that pertains unto them, shall march out of the City of Oxon with their horses and complete Arms, that properly belong unto them proportionable to their present or past commands; flying Colours, Trumpets sounding, Drums beating, Matches lighted at both ends, Bullet in their mouths, and every Soldier to have 12. charges of Powder, Match and Bullet proportionable, and with bag and baggage to any place within 15. miles of Oxford which the Governor shall choose, where such of the Common Soldiers as desire to go to their own homes or friends, shall lay down their Arms, which shall be delivered up to such as the General Sir Thomas Fairfax shall appoint to receive them; And all Officers and Soldiers, as well reform as others, that shall desire to go to their own homes or friends, shall have the General's pass and protection for their peaceable repair to and abode at the several place, they shall so desire to go unto, and shall have free quarter allowed them in all their march from Oxford to these several places; The Officers as well reform as other to pass with Equipage of Horses, and Complete Arms answerable to their present, or past commands, and common Troopers with their Horses and Swords only, and all to pass with bag, and baggage as aforesaid; and that all other Officers and Soldiers (in case there be any such) that shall desire to take entertainment from any Foreign Kingdom or State, shall have free quarter allowed them for 28. days from their march out of Oxford: And shall have passes for their Officers not exceeding ten, with their Horses and two servants a piece to go to Lond n to Treat with any Foreign Ambassador or Agent for entertainment, and all of them shall have liberty and passes to march; The Officer wi●h their complete Arms and Horses proportionable to their present or past Commands, and the Common Soldiers with their Arms, and all with Bag and Baggage, to the quarters near to Harwich and Portesmouth, or to any Port between them, to be transported which Arms, (except Officers Complete Arms, and Horses and Swords for the Common Soldiers which they may transport) they shall there lay down, and deliver to such as the General shall appoint, or unto the Governor of the next Garrison belonging to the Parliament who shall take care for their safety, during their abode there, and until shipping can be provided, and weather seasonable, they paying for their Quarters after the 28. days be expired, and shall assist them for procuring vessels and shipping for their transportation at the usual Rates accustomed for Fraught; the Officers and Soldiers and others, before transportation engaging themselves by promise not to return into this Kingdom in Hostility against the Parliament in bodies as they go, or in conjunction with other forces, or in command of any forces invading this Kingdom. And no Oath nor any other engagement or this or the like nature, to be during their said stay, or at their transportation imposed upon them, saving an engagement by promise not to do any Act of Hostility, or of wilful prejudice against the Parliament during their said stay in England. And it is Declared that those of the Three Auxiliary Regiments consisting of Gentlemen and their Servants, Scholllers, Citizens, and Inhabitants who are got properly of the Garrison in pay; And such reformed Officers, and Soldiers who shall not be willing to march forth, shall not be forced to march out upon this Ariticle but shall have the benefit of the following Articles to remove or remain in Oxford, and in all things else which may concern them: And those also who shall march forth shall have the benefit of the ensuing Articles in all things, except for remaining in Oxford. 6. That the Governor shall be allowed and assisted in procuring of a sufficient number of Carts, Teams and Boats, and other necessaries for the carrying a way of all goods allowed in these Articles belonging to any Officers or persons of quality now residing in this Garrison, they paying the accustomed Rates, and that such persons as cannot presently through want of Carriages, or otherwise convoy them away, shall be assisted with Carriages at any time within three months for the disposing thereof. 7. That no Officer or Soldier nor any person whatsoever comprised in this capitulation shall be reproached, or have any disgraceful speeches, or affronts offered to them, or be stopped, plundered or injured in their March, Randezvouz, or Quarters, Journeys, or places of abode, And if any such thing shall fall out, satisfaction shall be given at the judgement of any two or more, of the Commissioners, they being equal in number of each party, nor shall the persons aforesaid nor any of them be enticed, or compelled to take up Arms against the King, nor be imprisoned, restrained, sued, or molested for any matter, or cause whatsoever before the rendering of the Garrison, during six months after the rendering thereof: And if any Officer, Soldier, or person be sick or wounded, That they cannot presently enjoy the benefit of these Articles; That such persons shall have liberty to stay until they be recovered, and fit accommodation, and subsistence shall be provided for them during their stay, and then to enjoy the benefit of these Articles. 8. That all Horses, Arms, Money, and others Goods whatsoever taken as lawful prize of War before or during the siege, and now remaining in the City, be continued in the possession of the present possessors. 9 That these Articles shall extend to the use and benefit of all strangers of any foragine Kingdom or State residing within this Garrison, together with their Wives, Children, Servants, Horses, Arms, Goods, Money or Debts. 10. That all persons included in these Articles, without exception, or any, other than the Soldiers that are to march out upon the fifth Article, shall have liberty, (during the space of three Months after the rendering of the Garrison) either to remain in Oxford, or to remove themselves with their Families, Goods, Horses, and all things that properly belong unto them, or to their disposal; And all Noblemen, Gentlemen, persons of quality, with their Arms and other Equipage to their houses or friends, without any prejudice to their friends for receiving them. 11. That all Lords, Gentlemen, Clergymen, Officers, Soldiers, and all other persons comprised in this Capitulation, who have Estates real or personal, under or liable to sequestrations, according to Ordinance of Parliament, and shall desire to compound for them, (except persons by name excepted by Ordinance of Parliament from Pardon) shall at any time within six Months after the surrender of the Garrison of Oxford, be admitted to compound for their said Estates, which said Composition shall not exceed two year's Revenue for Estates of inheritance: And for Estates for lives, years, and other real and personal Estates, shall not exceed the proportion aforesaid for inheritances, according to the value of them: And that all persons aforesaid, whose dwelling Houses are sequestered, (except before excepted) may after the rendering of the Garrison, repair to them, and there abide, convenient time being allowed to such as are placed there under the Sequestrations, (if any be) for their removal; And it is agreed, That all the Profits and Revenues arising out of their Estates, (after the day of entering their names as Compounds) shall remain in the hands of the Tenants or Occupiers, to be answered to the Compounders when they have perfected their Agreements for their Compositions, and that they shall have liberty, and the Generals Pass and Protection for their peaceable repair to their abode at their several houses or friends, and to go to London to attend their Compositions, or elsewhere upon their necessary occasions, with freedom of their persons, from Oaths, Engagements, or molestations, during the said space of six Months, and after so long as they prosecute their Compositions without wilful default or neglect on their party, except an engagement by promise not to bear Arms against the Parliament, nor wilfully do any act prejudicial to their affairs, so long as they remain in their Quarters: And it is further agreed, That from and after their compositions made, they shall be forthwith restored to, and enjoy their Estates, and all other immunities, as other Subjects, together with the Rents and Profits from the time of entering their names as aforesaid:, discharged of their Sequestrations, and from fifth and twentieth parts, and other payments and impositions, except such as shall be general and common to them with others. 12. That no Lords, Gentlemen, Clergymen, Scholars, Officers, Soldiers, Citizens, nor any other persons included in this Capitulation, (except the persons mentioned before to be excepted from pardon) shall be molested or questioned for anything said or done, in or concerning this War, or relating to the unhappy difference between his Majesty and the Parliament, they submitting to Compositions in the precedent Article; And that the persons aforementioned to be excepted from pardon, shall have the Benefit of this Article during the space of six Months from the rendering of the Garrison, and after, if they be admitted to and agree for their Compositions. 13. That the persons mentioned before to be excepted from pardon, shall have liberty and the Generals Pass and Protection for themselves, families, horses, goods, and all things that properly belong unto them now in Oxford, to go unto, and abide at their own houses, or their friends, for the space of six Months after the rendering of the Garrison, and within that time to repair to London to endeavour Compositions for their Estates, and indemnity of their persons, and to make their peace; and if they cannot obtain it, shall have Passes to go beyond the Seas at any time, within the said six Months; and that no other engagement shall be put upon them, save by promise not to bear Arms against the Parliament, nor wilfully do any add prejudicial to their affairs, so long as they remain in their Quarters. 14 That the Chancellor, Masters, and Scholars, of the University of Oxon, and the Governors and Students of christs-Church, of King Hen. 8. his foundation, and all other Heads and Governors, Masters, Fellows and Scholars of the Colleges, Halls, and Bodies Corporate, and societies of the same University, and the public like Professors and Readers, and the Orator thereof, and all other persons belonging to the said University, or to any Colleges or Hals therein, shall and may, according to their Statutes, Charters and Customs, enjoy their ancient form of Government, subordinate to the immediate Authority and Power of Parliament; And that all the Rights, Privileges, Franchises, Lands, Tenements, Howls, Possessions, Rents, Revenues, Hereditaments, Libraries, Debts, Goods and Chattels, belonging to the said University, or to Christ's Church, or to any Colleges or Hals in the said University, (except such Rents and Revenues as have been already taken and received by Ordinance of Parliament) shall be enjoyed by them respectively, as aforesaid, free from Sequestrations, Fines, Taxes, and all other molestations whatsoever, for or under colour of any thing whatsoever, relating to this present war, or to the unhappy differences between his Majesty and the Parliament; and that all Churches, Chapels, Colleges, Hals, Libraries, Schools, and public Buildings within or belonging to the City or University, or to Christ-Church, or the several Colleges or Hals thereof, shall be preserved from defacing and spoil, and if any removal shall be made by the Parliament of any other Members of the University, Colleges, or Hals, that those so removed shall enjoy the profits during the space of six Months after the rendering of Oxford, and shall have convenient time allowed them for removal of themselves and their goods from their lodgings; provided that this shall not extend to retard any Reformation there intended by the Parliament, nor give them liberty to intercede any in the Government. 15. That the Mayor, Bailiff, and Commonalty and all Corporations within the City shall enjoy their ancient. Government, and their Charters, Customs, Franchises, Liberties, Lands, Goods, and Debts, and all things else whatsoever which belong to them as Corporations, subordinate to the immediate authority and power of Parliament, and shall not be molested by colour of any thing (before the rendering of this Garrison) done or ordered by them in the capacity of Corporations, relating to the differences between his Majesty and the Parliament. 16. That the Citizens and Inhabitants of the City shall not be charged with free quarter, nor billet of Soldiers other then for lodging (except in urgent time of necessity) and that to be ordered and disposed by the advice of the Mayor, or his Deputy, and that in all public Taxes they shall be taxed proportionably with the County; and that no Scholar, Citizen, or other Inhabitant in the University and City of Oxon shall be troubled, or questioned for taking; up Arms in the Garrison, by express command during the time it was a Garrison for the defence thereof; and that the Scholars, Citizens, and Inhabitants shall have the benefit of this capitulation in all things that may concern them. 17. That no Officer, Soldier, or other person, who by the Articles are to march out of the City or Suburbs, or to march in, shall plunder, spoil, or injure any Scholar, Citizen, or Inhabitant, or other person in Oxford in their person?, goods, or estates, or carry away any thing that is properly belonging to any of them. 18. That all Ladies, Gentlewomen, and other women now in Oxon, whose Husbands or friends are absent from thence may have Passes, and Protections for themselves, servants, and goods, to go to and remain at the houses of their Husbands, or at their friends as they shall desire; and to go or send to London or elsewhere, to obtain the allowances out of their Husbands or Parents estates allotted them by Ordinance of Parliament. 19 That such of his Majesty's Household Servants, who shall desire to go to his Majesty, may, have free liberty, and Passes to go accordingly at any time within one month after the rendering of the Garrison; and that his Majesty's Householdstuff, and other his peculiar goods which are now in Oxford may be carried to his Majesty's House at Hampton Court, and his servants under whose charge and custody any of them are, shall be allowed and assisted in the procuring of Carts, Boats and Carriages for the removal of them thither, and there to remain till his Majesty shall otherwise dispose of them, and then to be sent or disposed accordingly; and that such of his Majesty's Servants who are not able for the present to go to him shall have liberty, Passes, and Protections to go to, and remain at his Majesty's said House at Hampton Court, and have liberty to attend the Committee for his Majesty's Revenues, to procure a competent allowance out of his Majesty's Revenues for their subsistence, until his Majesty shall otherwise provide for, or dispose of them. 20 That all Clergymen now in Oxford, who shall not upon compositions or otherwise be restored to their Church Live, shall have liberty to go to London, to obtain some fitting allowance for the livelihood of themselves and their families. 21 That it is intended, declared, and agreed, that all persons comprised within these Articles shall peaceably and quietly enjoy all their goods, debts, and moveables allowed by these Articles, during the space of six months after rendering the Garrison, and that they shal● be free from all Oath, engagements and molestations except an engagement by premise not to bear Arme● against the Parliament, nor wilfully do any act prejudicial to their affairs so long as they remain in their Quarters; and that they shall have liberty within the space of six months (in case they shall be resolved to go beyond Seas) to dispose of their said goods, debts, and moveables allowed by these Articles, and departed the Kingdom if they shall think fit, and to have Pass for their transportation, or otherwise to stay in the Kingdom. 22 That if any of these Articles shall in any point be broken, or violated by any person or persons in Oxford, or comprised within this capitulation, the fault and punishment shall be upon him or them only who made the breach or violation, and shall not be imputed or charged upon any other not assenting thereunto, or not an actor in it. 23 That the Duke of Richmond, the Earl of Lindsey, and their servants that come forth with them shall enjoy the benefit of these Articles in whatsoever may concern them. 24 That the Garrison of Farringdon shall be rendered unto his Excellency Sir Thomas Fairfax, and the Governor, Gentlemen, Soldiers and all other of what quality soever within those Garrisons shall enjoy the benefit of these Articles in every particular that may concern them, they rendering the said Garrisons accordingly as Oxford. 25 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 the City, that such persons were in the City at the time of the surrender thereof, and are to have the benefit of these Articles. 26 That the General Sir Thomas Fairfax shall give a Pass to one or two Messengers with their servants to go unto the King, to give him an account of the proceed upon this Treaty and conclusion thereof, and to return and receive the benefit of these Articles. Signed at Water-Eaten June 20. by his Excellency Sir. Thomas Fairfax. Signed the same day at Oxford, by Richard Lane C. S. Cottington. Hertford Dorset. Chichester. Southamton. Seymor. Edw. Nicholas. Thomas Glemham. FINIS.