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A75655 The articles of Exeter, made on the rendition thereof. With the vote of the Honourable House of Commons, in the approbation of them of the 6. of May, 1646. VVith 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. England and Wales. Army.; Fairfax, Thomas Fairfax, Baron, 1612-1671.; Berkeley, John, Sir, d. 1678.; England and Wales. Parliament. 1647 (1647) Wing A3839; Thomason E416_6; ESTC R204472 4,901 15

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THE ARTICLES OF EXETER Made on the Rendition thereof WITH The Vote of the Honourable House of Commons in the Approbation of them of the 6. of May 1646. VVith 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 for John Williams at the Crown in Saint Pauls Church-yard 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-Generall of the Ordnance Colonel Sir Hardres Waller Colonel Edward Harley Colonel Lambert Commissary Generall Stane and Major Patson Scout-master Generall Commissioners on the behalf of the Right Honourable his Excellency Sir Thomas Fairfax Generall of the Parliament Forces on the one party And Sir Henry Berkley Sir George Warry Col William Ashburnham Col Godolphin Captain Fitz-Gerard Master John Were Robert Walker Esq and Master Thomas Knot Merchant Commissioners on the behalfe of Sir John Berkley Knight Governour 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 Armes Ammunition Provisions and. Furniture of War belonging to the Garrison excepting what shall be excepted in the ensuing Articles shall be delivered unto Sir Thomas Fairfax Generall 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 Noone 2. That if any 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 Governour thereof 3. That if any Officer Soldier or any person included in these Articles shall after the date hereof wilfully break deface spoile or imbezell any Armes or other provisions of War whatsoever by the precedent Articles to be surrendred as aforesaid shall lose the benefit of the ensuing Articles 4. That the Princesse Henrietta and her Governesse with her houshold shall have full liberty to passe 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 Governesse and there to remaine untill His Majesties Pleasure be farther knowne touching her setling And that the Governesse shall have liberty to send to the King to know his Pleasure herein accordingly to dispose of her Highnes within the foresaid limitation of place and that fit and convenient Carriages be provided for their passage at reasonable rates 5. That the Cathedrall 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 Governour together with all Lords Gentlemen Clergie-men Chaplaines Officers Troopers and Common-Soldiers of the Kings Forces shall march out of the City on Monday next the 13. of April by twelve of the clock at noone with their Horses full Armes Bag and Baggage and their Goods Colours flying Drums beating Matches lighted Bullets full Bandoleers with sufficient Convoyes to Oxford or unto Helstone in Cornwall at their severall elections And in case the Governour of Oxford shall refuse to receive the Common-Souldiers that shall march thither They are there to deliver up their Armes to the Convoy and have Passes to repaire to their severall homes and those that march to Helston are there to be disbanded and have Passes to repaire to their owne homes Provided that all Troopers and Common Soldiers which march not as aforesaid shall deliver up their Armes except their Swords and have liberty to goe unto their owne homes with Bag and Baggage and shall not be compelled to take up Armes against the King Provided also that all Officers and Gentlemen that shall choose to goe to Oxford and not taking up Armes shall repaire into the Parliament Quarters within forty dayes 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 tenne miles a day and that such other Souldiers as are Inhabitants in the City shall have free liberty to march out or remaine therein without being compelled to take up Armes against the King And if any Souldiers shall fall sick upon their march that convenient Carriages and Accommodations shall be provided for them 8. That all Lords Gentlemen Clergymen Chaplaines and Officers that shall chuse to goe beyond Seas shall march away with their full Armes for their own use and that all common Souldiers shall march away with their full Armes with a sufficient convoy unto the Port which they shall choose for their transportation which Armes except swords they shall there lay down and deliver unto the Governour of the next Garrison belonging to the Parliament the said Governour providing for their safety during the time of their abode there where they shall be assisted for the procuring Vessells and Shipping for their transportation at the accustomed Rates and shall have free Quarter for one and twenty dayes allowed to provide for their passage After which time shall be expired the same Officers and Souldiers paying for their Quarters shall have liberty to stay untill Shipping be provided and weather seasonable and that during their stay or before it shall be permitted that any two of them may goe to London to Treat with any forraigne Embassadour or Agent for a Commission to be entertained beyond the Seas 9. That neither the Officers Souldiers nor any Person whatsoever in their going out of the City shall be reproached or have any disgracefull 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 Governour Lords Gentlemen Clergymen Chaplaines Commanders Officers and Souldiers comprized in these Articles shall be allowed and assisted in providing of sufficient Carriages at reasonable rates to carry away their Bag Baggage and Goods that care be taken by the future Governour of the said City for the curing of such sick or wounded Officers and Souldiers 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 untill the Kings Forces be marched out except one hundred and fifty Foot and one Troop of Horse with their Officers 12. That no Lords Knights Gentlemen Clergie-men Chaplaines excepting those who are by name excepted by Parliament from Pardon and Composition Officers Citizens and Soldiers and all other persons comprized in these Articles shall be questioned or accomptable 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 Generall Sir Thomas Fairfax shall really endeavour with the Parliament that it shall not exceed two yeares value of any mans reall estate respectively and for personall according to the ordinary rule not exceeding the proportion aforesaid Which composition being made they shall have Indempnity 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 Kingdome by Authority of Parliament 13. That all Lords Knights Gentlemen Clergie and Chaplaines excepted in the next precedent Article shall have liberty to goe unto any of the Kings Garrisons and to have a safe Conduct for themselves and servants to goe unto the Parliament to obtain their Composition for their Estates and Indempnity for their persons which though it prove ineffectuall yet neverthelesse they shall have foure months time next after the date of these Articles to endeavour their peace or to goe beyond the Seas and shall have passes for that purpose 14. That all Horses Armes Money and other goods whatsoever taken as lawfull prize of War before or during the Seige now in the City be continued in the possession of the present possessour 15. That all Officers Gentlemen Citizens Inhabitants Clergymen Chaplains Souldiers 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 Kingdome 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 goe 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 moneths past having made their Compositions as abovesaid shall enjoy the benefit of this and of the 12. and 22. Articles 16. That all Charters Customes Priviledges Franchises Liberties Lands Estates Goods and Depts of the Major Aldermen Bayliffes Comminalty as a Corporation and all Corporations of the said City shall be enjoyed by them And that the Ancient Government thereof remaine as formerly 17. That if any persons or Inhabitants which are comprized within these Articles shall break any of them that such breach shall only touch and concerne such persons and they to make such satisfaction for the same as the cause shall require 18. That all persons comprized within these Articles shall have upon request a Certificate under the hand of his Excellency Sir Thomas Fairfax or the future Governour of that City that such persons were in the City at the time of the surrendring thereof and are to have the benefit of these Articles 19. That His Excellency Sir Thomas Fairfax give assurance that all Officers and Souldiers 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 Souldiers 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 comprized within these Articles but only such as shall binde all persons aforesaid not to bear Armes against the Parliament of England now sitting at Westminster nor wilfully doe any Act prejudiciall unto their Affaires whilest they remain in their Quarters except the persons aforesaid shall first render themselves unto the Parlia who shall cause them to be secured if they think fit 22. That for the further and cleerer understanding of the precedent Articles It is hereby declared that the true meaning of them is that all persons comprized within these Articles shall quietly and peaceably enjoy all their goods debts moveables during the space of four moneths next ensuing and be free from all Oaths Covenants Protestations and have liberty within the time of the said four moneths in case they shall not make their Compositions with the Parliament and shall be resolved to goe beyond the Seas to dispose of their said goods debts and moveables allowed by these Articles and depart the Kingdome if they think fit and to have Passes for that purpose or otherwise to stay in the Kingdome 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 afternoone being the ninth of April And that foure such Gentlemen or Officers as his Excellencie shall approve of shall be delivered at the same time as Hostages for the peformance of the fore-going Articles on the one party And that at the same time two Hostages be delivered unto Sir John Berkley Knight and Governour 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 Governour of the City on the other patty Given under my hand the 9. day of April 1646. J doe ratifie and confirme the Articles abovesaid agreed upon by the Commissioners on my part FAIRFAX Ex ' Et concordat cum Original ' H. Elsynge Cler. Parl. D. Com. Die Mercurii 6. Maii. 1646. THe Articles made and agreed upon between Sir Thomas Fairfax Generall and Sir Iohn Berkley Governour 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. Elsynge Cler. Parl. D. Com. Die Jovis 4. Novemb. 1647. THe Lords and Commons assembled in Parliament doe 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 Iudges Officers and other persons concerned therein doe take notice thereof and observe the same any Orders or Ordinances to the contrary notwithstanding Jo Browne Cler. Parliamentor H. Elsynge Cler. Parl. D. Com.