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A25916 Articles concerning the surrender of Oxford 1646 (1646) Wing A3815; ESTC R10522 7,164 14

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ARTICLES CONCERNING THE SVRRENDER OF OXFORD OXFORD Printed by Leonard Lichfield Printer to the Vniversity A. D. 1646. Articles of Agreement concluded and agreed by his Excellency Sir Thomas Fairfax Knight Generall of the Forces raised by the Parliament on the one Party And the Right Honourable Sir Rich Lane Knight Lord Keeper of the Great Seale of England Fr. Lord Cottington Lord High Treasurer of England Will. Marq. of Hertford Edw. Earle of Dorset Lord Chamberlaine of His Majesties Honourable Houshold Tho Earle of Southampton Francis Earle of Chichester Francis Lord Seymour Sir Edw. Nicholas Knight one of His Majesties Principall Secretaries of State all of them being of His Majesties most Honourable Privy Councell and Sir Thomas Glemham Knight c. Governour of Oxford 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 Armes Ammunition and Provisions of Warre with all Magazins and Stores thereunto belonging excepting what is allowed in the ensuing Articles shall be delivered to the Generall Sir Thomas Fairfax or whom he shall appoint without wilfull spoyle or embezlement upon Wednesday the 24th day of this instant June at Ten a Clock in the morning or thereabout 2. That His Highnesse the Duke of YORK shall have an Honourable Convoy to London where other of His Majesties Children are attended by his Officers and Servants and fitting Accommodation for the removall of his Houshold and Goods thither and shall have an honourable Provision befitting his Dignity appointed for him by the Parliament and to remaine there untill His Majesties Pleasure be knowne touching his setling there or elsewhere and then to be disposed accordingly to any place within fourescore miles of London and shall have such Officers and Servants to continue about him as the Parliament shall approve 3. That their Highnesses Prince Rupert and Prince Maurice shall have Liberty and Passes for themselves with their Servants Horses Armes and Goods the number of their Horses for them and their Traine not exceeding seaventy to repaire 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 Rendring free from any molestation by imposition of Oathes or otherwise And shall have Passes to goe beyond the Seas at any time within the said six Months with their said Servants Horses Armes and Goods they ingaging themselves upon their Honours not to use the Liberty hereby granted in the meane 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 concerne them 4. That the Seales call'd the Great Seale Privy Seale the Signet and the Seales of the Kings 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 Generall Sir Thomas Fairfax shall appoint be lockt up in a Chest and left in the Publique 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 then such as hath the Custody thereof and shall wilfully detaine or embezell the same 5. That Sir Thomas Glemham Knight c. Governour of Oxford with his servants and all that to him belongs and all Officers and Souldiers of Horse and Foot and of the Traine of Artillery as well Reformed Officers and Souldiers as others with their servants and all that partaines unto them shall march out of the City of Oxford with their Horses and compleat Armes 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 mouthes and every Souldier to have twelve Charges of Powder March and Bullet proportionable and with Bag and Baggage to any place within fifteen miles of Oxford which the Governour shall chuse where such of the Common Souldiers as desire to goe to their owne homes or Friends shall lay downe their Armes which shall be delivered up to such as the Generall Sir Thomas Fairfax shall appoint to receive them And all Officers and Souldiers as well Reformed as others that shall desire to goe to their Homes or Friends shall have the Generalls Passe and Protection for their peaceable repaire to and abode at the severall places they shall so desire to go unto and shall have Free-Quarter allowed them in all their march from Oxford to those severall places The Officers as well Reformed as other to passe with Equipage of Horses and compleat Armes answerable to their present or past Commands and Common Troopers with their Horses and Swords only and all to passe with Bag and Baggage as aforesaid And that all other Officers and Souldiers in case there be any such that shall desire to take Entertainment from any Forreigne Kingdome or State shall have free-Quarter allowed them for 28 dayes from their march out of Oxford and shall have Passes for their Officers not exceeding Ten with their Horses and two servants a peece to goe to London to Treat with any Forreigne Ambassador or Agent for Entertainment And all of them shall have Liberty and Passes to march the Officers with their compleat Armes and Horses proportionable to their present or past Commands and the Common Souldiers with their Armes and all with Bag and Baggage to the Quarters neare to Harwich or Portsmouth or to any Port between them to be transported Which Armes except Officers compleat Armes and Horses and Swords for the Common Souldiers which they may transport they shall there lay downe and deliver to such as the Generall shall appoint or unto the Governour of the next Garrison belonging unto the Parliament who shall take care for their safety during their abode there and untill shipping can be provided and weather seasonable they paying for their Quarter after the said 28 dayes expired and shall assist them for procuring Vessells and shipping for their transportation at the usuall Rates accustomed for freight The Officers and Souldiers and others before transportation engaging themsel●●● by promise not to returne into this Kingdome in Hostility against the Parliament in Bodies as they goe or in Conjunction with other Forces or in Command of any Forces invading this Kingdom And no Oath or any other Engagement 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 doe any Act of Hostility or of wilfull 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 Scholars Cittizens
and Inhabitants who are not properly of the Garrison in pay and such Reformed Officers and Souldiers 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 remaine in Oxford and in all things else which may concerne 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 Governour shall be allowed assisted in the procuring a sufficient number of Carts Teames and Boates 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 Souldier nor any person whatsoever comprized in this Capitulation shall be reproached or have any disgracefull 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 equall in number of each party nor shall the persons aforesaid be inticed nor any of them be compelled to take up Armes against the King nor be imprisoned restrained sued or molested for any matter or cause whatsoever be it of publique or private interest before the rendring of the Garrison during six months after the rendring thereof And if any Officer Souldier 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 untill they be recovered and fit accomodation subsistance shall be provided for them during their stay and then to enjoy the benefit of these Articles 8. That all Horses Armes Money and other Goods whatsoever taken as Lawfull 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 forraigne Kingdome or State residing within this Garrison together with their Wives Children Servants Horses Armes Goods Money and Debts 10. That all persons included in these Articles without exception of any other then the Souldiers which are to march out upon the 5 Article shall have liberty during the space of three months after rendring the Garrison either to remaine in Oxford or to remove themselves with their Families Goods Horses and all things that properly belong unto them or to their disposall And all Noble men Gentlemen and persons of quality with their Armes 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 Souldiers and all other persons in Oxford or comprized in this Capitulation who have Estates reall or personall under or lyable 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 rendring the Garrison of Oxford be admitted to compound for their Estates which composition shall not exceed two yeares Revennue for Estates of Inheritance and for Estates for Lives Years and other reall and personall Estates shall not exceed the proportion aforesaid for Inheritances according to the valew of them And that all persons aforesaid whose dwelling Houses are Sequestred except before excepted may after the rendring of the Garrison repaire to them and there abide convenient time being allowed to such as are placed there under the Sequestrations for their removall And it is agreed that all the profits and Revenues arising out of their Estates after the day of entring their names as Compounders shall remaine 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 Generalls Passe and Protection for their peaceable repaire to and aboad at their severall Houses or Friends and to go to London to attend their Compositions or elsewhere upon their necessary Occasions with freedome of their persons from Oaths Engagements and Molestations during the space of six months And after so long as they prosecute their Compositions without willfull default or neglect on their part except an engagement by promise not to beare Armes against the Parliament nor willfully do any act prejudiciall to their Affaires so long as they remaine 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 entring their names discharged of Sequestrations from Fifth Twentieth parts and other Payments and Impositions except such as shall be generall and common to them with others 12. That no Lords Gentlemen Clergy-men Scholars Officers Souldiers Cittizens 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 precedent Article and that the Persons before mentioned to be excepted from Pardon shall have the benefit of this Article during the space of six months from the rendring 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 Passe 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 owne Houses or their Friends for the space of six Months after the rendring of the Garrison and within that time to repaire unto London to endeavour Compositions for their Estates and Indemnitie of their persons and to make their Peace And if they cannot obtaine it shall have Passes to goe beyond the Seas at any time within the said six Months and that no other Engagemen● shall be put upon them save by promise not to beare Armes against the Parliament nor wilfully doe any act prejudiciall to their affaires so long as they remaine in their Quarters 14. That the Chancellor Masters and Scholars of the Vniversity of Oxford and the Governours and Students of Christs Church of King H. 8. his Foundation and all other Heads and Governours Masters Fellowes and Scholars of the Colledges Halls and Bodies Corporate and Societies of the same Vniversity and the publique Professors and Readers