ARTICLES Concluded & Agreed on for the Surrender OF Oxford & Farringdon To His Excellency Sir THO: FAIRFAX, Upon Wednesday the 24th of this instant JUNE: And Read in the Honourable House of COMMONS, June 23. 1646. In regard there is many short and imperfect Copies abroad, this true Copy is set forth to prevent abuses. ORdered by the Commons assembled in Parliament, That these Articles be forthwith printed and published: H: Elsing, Cler. Parl. D. Com. LONDON: Printed for Edward Husband, Printer to the Honourable House of Commons: june 14. 1646. Articles of Agreement concluded and agreed by 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 Seymor, Sir Edward Nicholas Knight, one of His Majesty's principal Secretaries of State, all of them being of His Majesty's most Honourable Privy Council, and Sir Tho: Glemham Knight, and Governor of Oxford, on the one party; And His Excellency Sir Thomas Fairfax Knight, General of the Forces raised for the Parliament, on the other party, for and concerning the rendering of 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 to the General Sir Thomas Fairfax, or whom he shall appoint, without wilful spoil or embezlement, upon Wednesday the 24. day of this instant June, 1646. at Ten of the Clock in the Morning, or thereabouts. 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 the 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 fourscore miles of London, and shall have such Officers and Servants to continue about Him as the Parliament shall approve. 3. That their Highnesses Pr: Rupert & Pr: 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 seventy) to repair to any place within fifty miles of London, so it be not within twenty 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, the Signet, and the Seals of the King's Bench, Exchequer, Court of Wards, Duchy, 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 hath the custody thereof, and shall wilfully detain or embezle the same. 5. That Sir Thomas 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 others) 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 twelve Charges of Powder, Match and Bullet proportionable, and with Bag and Baggage, to any place within fifteen 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 Sat Thomas Pairfax shall appoint to receive them. And all Officers and Soldiers, as well Reform as others, that shall desire to go to their homes or Friends, shall have the Generals Pass and Protection for their peaceable repair to, & abode at the several places they shall so desire to go unto, and shall have Freequarter allowed them in all their March from Oxon to those 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 Solders (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 Twenty eight days from their march out of Oxon, and shall have Passes for their Officers not exceeding Ten, with their Horses and Two Servants a piece to go to London to Treat with any Foreign Ambassador or Agent, for Entertainment: And all of them shall have liberty and Passes to march (the Officers with 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 or Pertsmouth, 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 unto 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 Quarter after the said Twenty eight days expired, and shall assist them for procuring Vessels and shipping for their transportation at the usual Rates accustomed for Fraight, The Officers and Soldiers, and others, before transportation engaging themselves by promise not to return into this Kingdom in Hostility against Parliament in Bodies as they go, or in conjunction with other Forces, or in command of any Forces invading this Kingdom: And no Oath or any other engagements of 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 declaed, That those of the three Auxiliary Regiments consisting of Gentlemen and their Servants, Scholars, Citizens and Inhabitants, who are not 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 Article, 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 th'ensuing Articles in all things, except for remaining in Oxford. 6. That the Governor shall be allowed, and assisted in the procuring a sufficient number of Carts, Teems, and Boats and other necessaries for the carrying away all Goods allowed in these Articles belonging to any Officers, or persons of quality now residing in the Garrison, they paying the accustomed Rates: And that such persons as cannot presently, through want of Carriages or otherwise, convey 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, Rendezvous 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, be it of public or private Interest, during six Months after the rendering thereof: And if any Officer, Soldier or person be sick or wounded, that they cannot at present 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 other 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 foreign Kingdom or State residing within this Garrison, together with their Wives, Children, Servants, Horses, Arms, Goods, Money and Debts. 10. That all persons included within these Articles, without exception of 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 to them, or to their disposition: And all Noblemen, Gentlemen, and 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, Clergy men, Officers, Soldiers, and all other persons in Oxon, or comprised within 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 rendering the Garrison of Oxford, be admitted to compound for their Estates: which 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 sequestrated (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 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 Compounders) 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, and 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 and Molestations, during the space of six Months, and after, so long as they prosecute their Compositions, without wilful default or neglect on their part, 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 their Rents and Profits, from the time of entering their Names, discharged of 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 any thing said or done, in, or concerning this War, or relating to the unhappy differences between His Majesty and the Parliament, they submitting to Composition as in the preceding) Article; And that the persons beforementioned to be excepted from Pardon, shall have the benefit of this Article, during the space of fix 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 unto 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 Act 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 Christ's Church of King H. 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 Professors, and Readers, and the Orator thereof, and all other persons belonging to the said University, or to any Colleges or Halls 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, Houses, Possessions, Rents, Revenues, Hereditaments, Libraries, Debts, Goods and Chattels belonging to the said University, or to Christ's Church, or to any Colleges or Halls 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, Halls, Libraries, Schools, and public Buildings, within, or belonging to the City or University, or to Christ's Church, or the several Colleges or Halls thereof, shall be preserved from defacing and spoil: And if any removal shall be made by the Parliament of any Head, or other Members of the University, Christ's Church, Colleges or Halls, that those so removed shall enjoy their profits during the space of six months after the rendering of Oxon, 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, or give them any liberty to intermeddle 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 or questioned 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, or 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 charged proportionably with the County: And that no Scholar, Citizen, or Inhabitant in the University and City of Oxford, shall be troubled or questioned for taking up Arms in the Garirison 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 persons, 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 Majesties, Houshold-servants who shall desire to go to His Majesty, may have free liberty and Passes to go accordingly, at any time within one month next 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 or 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 Revenue, 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 Composition or otherwise, be restored to their Churchliving, shall have liberty to go to London, to obtain some fitting allowance for the Lively hood 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 Movables allowed by these Articles, during the space of six Months after Rendering the Garrison: And that they shall be free from all Oaths, Engagements and Molestations, 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 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 Goods, Debts and Movables allowed by these Articles, and departed the Kingdom if they shall think fit, And to have Passes 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 to, 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 came forth with them, shall enjoy the benefit of these Articles m whatsoever may concern them. 24. That the Garrisons of Farringdon shall be rendered to His Excellency Sir Thomas Fairfax, and the Governor, gentlemans, Soldiers, and all other of what quality soever within those Garrisons, shall enjoy the benefit of these Articles in every particular which may concern them, they Rendering the Garrison accordingly as Oxford. 25. That all persons comprised in these Articles shall (upon request) have 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. Dated at Oxford the 20. day of June, 1646, Ri: Lane C. Cottington. Hertford. Dorset. T: Southampton. Chichester. F: Seymour. Edw: Nicholas. Tho: Glemham. Die Martis, 23. Junii, 1646. REsolved, (upon the Question) That this House doth approve of the Proceed of the General in the making of these Articles, for and concerning the Rendering of the Garrisons of Oxford and Farringdon, and in the performing of them. Resolved, etc. That these Articles for and concerning the Rendering of the Garrisons of Oxford and Farringdon, be forthwith Printed. H: Elsing, Cler. Parl. D. Com. FINIS.