THE ARTICLES OF AGREEMENT, For the Surrender of Charles Fort, the only considerable and remaining Garrison of the Enemies in the West, the Castle of Pendennis excepted. Which Articles were agreed upon between Colonel Ralph Weldon, Governor of Plymouth for the Parliaments side, and Sir Edmund Fortescue Governor of Charles Fort, Major Peirce, and Captain Hall, for the other part. With the last additional Articles sent out from the Lords of the Privy Council, and the Governor of Oxford for the Surrender of the said City, and University. This being a true Copy and examined, is Printed and Published, according to Order of Parliament. London, Printed by E. P. 4. June, 1646. Articles agreed on between Sir Edmund Fortescue Governor of Fort Charles of the one party, and Major Pearse, and Captain Hall of the other party, for the surrender of the said Fort into the hands of Coll. Ralph Weldon Governor of Plymoth, for the use of the King and Parliament; to the which Articles the said Col. Weldon fully agreed, as witness his hand and seal to these present Articles the seventeenth day of May, in the year of our Lord God, 1646. as hereafter followeth. IIMprimis that Sir Edmund Fortescue Governor, and Sir Christopher Lukenor with their servants, and all and every of the Officers and Soldiers within Fort Charles, shall have and enjoy in their, and every of their several and respective places capacities and degrees, full liberty in the profession of the true Religion, protested and vowed by both Houses of this present Parliament in their first grand Protestation, and shall not at any time hereafter at any time be letted on censured in their or any of their places or abodes, for serving in the practice and exercise of the same: And as we utterly defy and disclaim popery, so 'tis agreed that if any papist be found therein, to forfeit the benefit of the article. TWO That the Governor, Mr. john Snell his Captain, and all Officers and soldiers belonging to the said Fort, shall have free liberty to go their own homes, in any place or county within this Kingdom (or to pass beyond seas) and they not to be molested for the future, they submitting themselves to all orders and ordinances of Parliament. III That the said Fort may not be known or called by any other name then Fort Charles, as now it is, nor any coat of arms in the dineing room defaced, or any thing belonging to the Fort. IV That Sir Edmund Fortescue the Governor, Sir Christopher Lukenor, and Captain Kingston, with their servants be permitted to go to their homes, Sir Christopher Lukener to Fallapit, there to remain or elsewhere within this Kingdom under the power of the Parliament for the space of three months unmolested, and if they cannot make their peace with the Parliament then to have free liberty, to pass from any Port in this Kingdom beyond the Seas. V That the Governor Sir Edmund Fortescue, his servants and all Officers and soldiers be quietly permitted to carry any money and other goods (which they can justly claim as their own) to their houses and enjoy them without molestation. VI That ten horses be provided for the Governors use from hence to Fallapit, and that any Officer or soldier have free liberty to transport his or any other goods by boat, or otherwise from hence to Kingwridge, and there to dispose of them at their pleasure. VII That the Governor, Sir Christopher, their servants and all Officers and soldiers in the Fort, have free liberty to march from hence to Fallapit, with their usual arms, drums beating, and colours flying, with bandeliers full of powder, and bullets proportionable, and there after 3 volleys to yield up their Arms to those whom Col. Weldon shall appoint to receive them; The Governor, Sir Christopher Lukenor with both their servants and likewise the Officers in Commission accepted. VIII That on Saturday next, the ninth of this present May, by ten of the clock in the morning, the Governor and all Officers and soldiers of Fort Charles, shall then march out and surrender the same into the hands of Col. Weldon or whom he shall appoint, with all the Ordnance, Arms, Ammunition, victuals and every other thing thereto appertaining not mentioned in these articles without spoiling, breaking, diminishing or consuming of the same. IX That no Officer or soldier or any other under the command of Col. Ralph Weldon Governor of Plymoth, shall reproach or any way spoil pilpher or molest any of the Officers or soldiers of the said Fort, in their march from hence to Fallapit, or elsewhere at the same distance from hence, or in their, or any of their respective repair to their homes, or aboades in their or any of their persons, Arms bag and baggage. X That during the time of the parley, untell the time of surrender of the foresaid Fort there be none pass in or out or transport any by Sea or Land, from thence without the knowledge of both parties. XI That sufficient hostages be delivered on both sides for the faithful performance of these Articles. Brother Isaacc, I Forbore tell now to writ unto you, the delivery up of the considerable Garrison of Salcomb, I have sent you a note here with the Articles, which may confirm your belief; that our Western Habitations begin to smile at a future Peace, this being the only remaining Garrison in these parts of the Enemy, so as I shall advice you to hasten down, and contract your expenses in your own Country dwelling, which I hope will suit with your desires. Little news further West, but that Pendennis holds out still, however are kept in from annoying the Country or procuring supplies, by the Gallentry, and watchfulness of the Commanders both by Sea, and Land. Your Affectionate Loving Bother, W. P. Totnes. 18. May 1646. The last additional Articles sent forth from the Lords of the Privy Counsel. the Lord Keeper of the Great Seal, the Secretary of Estate, and the Governor of Oxford, for the surrender of the City and University of Oxford, into the hands of his Excellency Sr. Thomas Fairefax, for the Service of the Parliament. THat all Ladies, Gentlewomen and other women now resident in Oxford, whose Husbands are absent out of the Kingdom, shall have free liberty to remain in Oxon, or to go to their Husband's houses, and there live, and enjoy a fourth part of their Husband's Estates, during their Husband's absence, for the maintenance of themselves and their Children, free from all Sequestrations, Seizures, Penalties, or Fines, without any Composition, or Molesta-whatsoever, and without having any Oath imposed upon them not required by Law. That all His Majesty's Chaplains in Ordinary, and more particularly, those who are tied to daily attendance who have been hindered by these troubles, from giving their due attendance in Course upon his Majesty, as by Oath they are obliged, shall have the full benefit of these Articles. 35 That in the fift Articles after those words (Both of Horse and Foot) it be added of what Nation or Country soever they be, and notwithstanding they have heretofore served on the Parliaments side, and are since come over to his Majesty's service) which their Servants shall March out, etc. 36 That all the Officers, Soldiers of Horse and Foot of this Garrison, shall have three months pay truly paid them within the time limited for free quarter. 37 That the 28. Article may be altered and run thus, That the Commanders, Officers, and Soldiers of the University, and City Regiments raised by his Majesty's Command, shall have the full benefit of these Articles in all things as privileged persons, and Citizens without exception. 38 That no Officer, Soldier or other shall march out of this City within three weeks from the date of the conclusion of this Treaty, unless his Majesty command them in a less time, and then to march out upon the former Articles Oxen 22. May, 1646. Richard Lane, Lord Keeper of the great Seal. Chichester. Cottington. Hartford. Dorset. Southampton. Seymour. Edward Nicholas Secretary of State. Thomas Glenham, Governor of Oxford. FINIS.