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A95014 A true copy of the articles agreed on at the surrender of Exeter; examined, perused, and signed by his Excellency Sir Thomas Fairfax, with a punctuall relation of the setlement and condition of that city by his Excellency. The particulars at large of the further gallant proceedings of his Excellencies army in the west, their daily motions and advance for Oxford. The surrender of St. Michaels mount, with the conditions agreed on. 30 pieces of ordnance. 3 murdering pieces. 100 barrels of powder. 500 muskets. 100 pike. 80 tonne of wine. And store of other provisions taken there. The treaty for the surrender of Pendenis and Dunster Castle. Commanded to be forthwith printed and published by the originall papers by order of Parliament. 1646 (1646) Wing T2636; Thomason E334_4; ESTC R200762 5,447 18

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A true Copy of the ARTICLES A greed on at the surrender of EXETER Examined perused and signed by his Excellency Sir Thomas Fairfax With a punctuall Relation of the setlement and condition of that City by his Excellency The particulars at large of the further gallant proceedings of his Excellencies Army in the West their daily motions and advance for Oxford The surrender of St. Michaels mount with the Conditions agreed on 30 pieces of Ordnance 3 Murdering pieces 100 barrels of Powder 500 Muskets 100 Pik●s 80 Tonne of Wine And store of other Provisions taken there The Treaty for the surrender of Pendenis and Dunster Castle Commanded to be forthwith printed and published by the Originall Papers by order of Parliament London Printed f●● F. Goles in the Old-baily 1646. SIR I Received yours this day and returne you many thanks for your full intelligence therein our's here you see daily abates as well as our action what you will have now will be little more then a bare relation of our motion nor can more be expected till we come into the Midland parts and too I hope our work will be but short The Generall hath sent Col. Ceelys Regiment of foot part of Col. Roles Regiment and a party commanded by Lieut. col Croaker 1500 in all to assist in the blocking up of Pendennis and the Mount and two of the three Regiments there will be drawn away Eastward with the Generall Col. Hamond is appointed Governour of this city and three of the countrey Regiments for the easing of the countrey reduced and placed in the Garison a compleat Regiment for the Governour Those reduced were col Fryes col Shapcots and col Weares Regiments Tomorrow the Generall will advance hence towards Chard and intends a Rendezvouz the 23 instant at Salisbury There were in this city and in the castle about 30 pieces of Ordnance and 150. Barrels of Powder with great store of other Ammunition I have sent you inclosed the copy of the Articles which had come to you before but that I was enjoyned the contrary I hope they will be satisfactory now and were perused and signed as you may see with his Excellencies own hand Sir I remain Yours obliged to serve you W. C. Exeter April 18. 1646. 3. in the morning SIR THe Messenger staying I can now give you this further Accompt Yesterday the Generall came from Exeter to Chard and this day we Marcht to Darchester This Morning there came Letters from Col. Hamond of the surrender of St. Michaels Mount in Cornwall on Thrusday Morning last Sir Arthur Bassett was Governour and he and the rest of the citizens to goe to Silley There were taken therein 30 pieces of Ordinance 3 murdering pieces 100 barrels of Powder 500 muskets 100 Pikes 80 Tun of Wine store of other provisions The next day he intended to summon Pendennis and I hope you will shortly have a good account thereof Col. Rowses Regiment of 600 were come then to Truro so that Col. Ingoldsby and Col. Hamond will come to the Generall Chard April 19 1646. Sir I shall adde one word more that since the writing of the last intelligence is come that Pendennis is upon Treaty and likewise Dunster Castle W. C. Articles of Agreement concluded upon by Thomas Hamond Lieutenant Generall of the Ordinance Col. Sir Hardresse Waller Col. Edward Harley Col. Lambert Commissary Generall Stane and Major Watson Sccui-Master Generall Commissioners on the behalfe of the right Honorable His Excellency Sir Thomas Fairfax Generall of the Parliaments forces on the one party and Sir Henry Berkeley Sir Geo. Parry Col. Ashburnham Col. Godolphin Captaine Fitz-Gerald Mr. Jo. Weare M. Robert Walker and M. Tho. Knot Commissioners on the behalfe of Sir John Berkeley Knight Governour of the City of Exceter on the other party touching and concerning the Rendition of the said City and Garison as followeth I. THat the City and Garison of Exceter together with the Castle and all Forts and Mounts places of defence of or belonging to the same with all Ordnance Armes and Ammunition Provisions and furniture of War belonging to the Garison excepting what shall be excepted in the ensuing Articles shall be delivered unto Sir Thomas Fairfax Generall of the Parliaments forces or to any whom hee shall appoint to receive them for the use of the Parliament on Munday next after the date hereof being the thirteenth of this instant April by 12 of the Clock at noon II That if any Officer Souldier or any Person included in these Articles wrong or plunder in Person or Goods in their March away or before any Citizen or Countrey-man or any Person whatsoever shall as farre as he is able give satisfaction to the Persons so injured at the Judgement of his Excellency Sir Thot Fairefax III That if any Officer Souldier or any Person included in these Articles shall after the Date hereof Wilfully Break Deface Spoyle or imbeazle any Armes or other Provisions of Warre whatsoever by the precedent Articles to be surrendred as aforesaid shall lose the benefit of the insuing Articles IV That the Princesse Henrietta and her Governesse with her Houshold shall have full liberty to passe with their Plate Moneys and Goods within 20. dayes 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 remain untill His Majesties Pleasure be further known 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 Highnesse within the aforesaid limitation of Places and that sit and convenient Carriages be provided for their Passage at reasonable Rates V That the Cathedrall Church nor any other Church within the City shall be defaced or any thing belonging thereunto spoyled or taken away by any Souldier or Person of either side whatsoever VI. That the Governour together with all Lords Clergimen Gentlemen Captaines Officers Troopers and common Souldiers shall march out of the City on Munday next the thirteenth of April by 12 of the clock at noone with their Horses full Armes Bag and Baggage and their Goods Colours flying Drums beating Matches lighted Bullets full Bandaliers with sufficient convoyes unto Oxford or unto Helston 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 unto their severall homes and those that march unto Helston are there to be disbanded and to have passes to their severall homes That all Troopers and common Souldiers 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 chuse to
goe to Oxford and not taking up Armes shall repaire into the Parliaments quarters within 40 dayes after the date hereof and shall enjoy the benefit of these Articles VII That all those which shal march to the Garrisons 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 Inhabibitants in the Citie shall receive free libertie to march out or remaine therein without being compelled to take up Armes against the King And if any Souldiers fall sick upon their march that convenient Catriages and Accomodations shall be provided for them VIII That all Lords Gentlemen Clergie-men Chaplaines and Officers that shall chuse to goe beyond Seas shall march away with their full Armes for their owne use And that all common Souldiers shall match away with their full A … with a sufficient Convoy unto the Port which they shall chuse for their transportation Which Armes they shall there lay downe and deliver unto the Governour of the next Garrison belonging to the Parliament the said Governor providing for their safetie during the time of their abode their where they shall be assisted for the procuring Vesseils and shipping for their transportation at the accustomed Rates and shall have free Quarter for twentie one dayes allowed to provide for their passage After which time shall be expired the same Officers and Souldiers paying for their Quarters shall have libertie 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 Forrame Ambassadour or Agent for a Commission to be entertained beyond the Seas IX That neither the Officers Souldiers nor any person whatsoever in their going out of the Citie shall be reproached or have any disgracefull speeches or affront offered unto unto them or any of their persons wronged rifled searched or their goods seized or taken away from by any person whatsoever X. That the Governour Lords Gentlemen Clergie-men Chaplaines Commanders Officers and Souldiers comprized in these Articles shall be allowed assisted in providing of sufficient Carriages at reasonable Rates to carry away their Bagge Baggage and Goods and that cafe be taken by the future Governour of the said Citie for the curing of such sicke or wounded Officers and Souldiers as shall be lest in the Citie and that upon recovery they shall have Passes to repaire to their owne houses respectively XI That the Parliament Forces come not into the Citie untill the Kings Forces be marched out orcent one hundred and fiftie foor and one Troope of Horse with their Officers XII That no Lords Kingths Gentlemen Clergie-men Chaplaines excepting those who are by name excepted by Parliament from pardon and composition Officers Citizens and Souldiers and all other persons comprized within these Articles shall be questioned or accountable for any Act past by them done or by any other by their procurement relating unto the unhappy differences betwixt His Majestie and the Parliament they submitting themselves to reasonable and moderate composition for their Estates which the General Sir Thomas Fairfax shall really indeavour with the Parliament that it shall not exceed two yeares valew of any mans reail Estate respectively and for personall according to the ordinarie rule once exceeding the proportion a foresaid which Composition being made they shall have indemnitie for their persons and enjoy their Estates and all other imunities without payment of any fifth or twentieth part or any other Taxes or Impositions except what shall be hereafter charged upon them in common with other Subjects of this Kingdome by Authoritie of Parliament XIII That all Lords Knights Gentlemen Clergy Chaplaines excepted in the precedent Articles shall have libertie to goe unto any of the Kings Garrisons and to have a safe Conduct for themselves and servants to goe unto the Parliament to obtaine their Composition for their Estates and indempnitie for their persons which though it prove ineffectuall yet neverthelesse they shall have foure moneths time next after the date of these Articles to indeavour their peace or to goe beyond the Seas and shall have passes for that purpose XIV That all Horses Armes Money and other Goods whatsoever taken as lawfull prizes of Warre before or during the siege now in the Citie be continued in the possession of the present possessors XV. That all Officers Gentlemen Citizens Inhabitants Clergie men Chaplaines souldiers and all other persons within the Citie during the time of their making their Composition shall have free libertie either to inhabite within the same Citie or shall have free libertie at any time to depart with their Families Goods and Estates unto any part of this Kingdom in the Parliaments quarters before Composion made the Merchants Trades-men to enjoy their Merchandizing and Trades after composition made al others now prohibited by Ordinances of Parliament to enjoy and exercise their professions or goe beyond the Seas and 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 Inhabite within the Citie within seven Moneths past having made their compositions as abovesaid shall enjoy the benefit of this and the 12. and the 22. Articles XVI That all Charters Customes Priviledges Franchises Liberties Lands Estates Goods and Debts of the Major Aldermen Bayliffe Commonaltie as a Corporation and all other Corporations of the said Citie shall be injoyed by them and that the Ancient Government thereof remaine as formerly XVII That if any Persons or Inhabitants which are comprised within these Articles shall breake any of them That such Breach shall onely touch and concerne such Persons and they to make such satisfaction for the same as the cause shall require XVIII That all Persons comprised within these Articles shall have upon request a Certificate under the hand of his Excellencie Sir Thomas Fairfax or the future Governour of the Citie that such Persons were in the Citie at that time of the surrendring thereof and are to have the benefit of these Articles XIX That his Excellencie Sir Thomas Fairfax give assurance That all Officers and Souldiers in the Parliaments Armie and all others under his Command shall duely and exactly observe all Articles aforesaid And that if they or any of them shall directly or indirectly violate or insringe the same Upon complaint thereof J● may be done and reparation made XX. That the Inhabitants of the Citie shall be cased and freed from all Free-Quarter or billet of Souldiers except in cases of urgent necessitie other then for lodging and that to be ordered and disposed by the advice of the Major or his Deputie XXI That no Oath Covenant Protestation or Subscription relating thereunto shall be imposed upon any person whatsoever comprised within these Articles but onely such as shall binde all persons aforesaid not to beare Armes against the Parliament of England now sitting at Westminster not wilfully doe any Act prejudiciall unto their Astaires whilst they remaine in their Quarters Except the persons aforesaid shall first render themselves unto the Parliament who shall cause them to be secured if they think fit XXII That for the further and clearer understanding of the precedent Articles it is hereby declared that the true meaning of them is That all persons comprised within these Articles shall quietly and peaceablie enjoy all their Goods Debts and Moveables during the space of foure Moneths next ensuing and be free from all Oathes Covenants and Protestations and have libertie within the time of the said foure Moneths in case they shall not make their composition with the Parliament and shall be resolved to goe beyond Seas to dispose of their said Goods Debts and Moveables allowed by these Articles and to depart the Kingdome if they shall think it and to have passes for that purpose or otherwise to stay in the Kingdome XXIII That Mount Radford and the Ward in St. Thomas Parish with the provisions of Warre thereunto belonging be delivered unto his Excellencie Sir Thomas Fairfax or whom he shall appoynt to receive them in assurance of the performance of the precedent Articles to morrow by six of the Clock in the Afternoone being the 7. of April and that foure such Gentlemen or Officers as his Excellence shall approve of shall be delivered at the same time as Hostages for the performance of the fore-going Articles on the one part and two Hostages such as Sir John Berkley Knight Governour of the Citie of Exceter shall approve of and appoynt to be received for performance on the other part XXIV Lastly that these Articles be ratified and confirmed mutually by his Excellencie Sir Thomas Fairfax on the one part and Sir Iohn Berkley Knight Governour of the Citie on the other part I doe hereby ratifie and confirme the Articles abovesaid agreed on by the commissioners on my Part. April 9 1646. THO. FAIRFAX FINIS