Articles concerning the surrender of Oxford

Articles of Agreement, concluded and agreed by his Excellency Sir Thomas Fairfax, Knight, Ge∣nerall 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 Treasu∣rer 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 Ox∣ford, 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 De∣fence whatsoever, with all the Ordnance: Armes, Ammunition, and Provisi∣ons of Warre, with all Ma∣gazins, 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 ap∣point, without wilfull spoyle, or embezlement, upon Wed∣nesday, the 24^th 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 fit∣ting Accommodation for the removall of his Houshold and Goods thither, and shall have an honourable Provision befit∣ting 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 dispo∣sed accordingly to any place within fourescore miles of Lon∣don,

and shall have such Officers and Servants to continue about him, as the Parliament shall approve.

3. That their Highnesses Prince Rupert, and Prince Mau∣rice, 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 mo∣lestation 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 West∣minster, 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 ap∣point, 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 char∣ged 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 proportio∣nable 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 proportiona∣ble, 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 Pro∣tection for their peaceable repaire to, and abode at the seve∣rall 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 Offi∣cers and Souldiers (in case there be any such) that shall de∣sire 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 ser∣vants 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 accusto∣med

for freight; The Officers and Souldiers, and others be∣fore transportation engaging themsel•••••• by promise, not to returne into this Kingdome in Hostility against the Parlia∣ment 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 de∣clared, That those of the three Auxiliary Regiments consist∣ing 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 Ar∣ticles 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 quali∣ty 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 assist∣ed with Carriages at any time within three Months for the disposing thereof.

7. That no Officer or Souldier, nor any person whatsoe∣ver 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, Rendez∣vous, or Quarters, journeys or places of abode; And if any such thing shall fall out, satisfaction shall be given at the judg∣ement of any two or more of the Commissioners they being equall in number of each party, nor shall the persons afore∣said 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 pub∣lique or private interest, before the rendring of the Garrison, during six months after the rendring thereof. And if any Of∣ficer, Souldier or person be sick or wounded, that they can∣not 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 du∣ring 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 Fa∣milies Goods, Horses, and all things that properly belong un∣to them, or to their disposall. And all Noble men, Gentle∣men, and persons of quality, with their Armes and other E∣quipage, 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 Parlia∣ment, and shall desire to Compound for them (except per∣sons 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 Re∣vennue 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 va∣lew 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 re∣maine in the hands of the Tenants, or Occupiers, to be an∣swered 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 du∣ring the space of six months: And after so long as they prose∣cute 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 preju∣diciall to their Affaires, so long as they remaine in their Quar∣ters. And it is further agreed, that from and after their Com∣positions made, they shall be forthwith restored to, and enjoy their Estates, and all other Immunities as other Subjects toge∣ther with the Rents and profits, from the time of entring their names, discharged of Sequestrations, & from Fifth, & Twen∣tieth 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 rela∣ting to the unhappy differences between His Majesty and the Parliament, they submitting to Composition, as in the prece∣dent 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 Garri∣son, 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 Com∣positions 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, and the Orator thereof, and all other Persons belonging to the said Vniversity, or to any Colledges or Halls therein, shall and may according to their Statutes, Charters, and Customes, enjoy their Ancient Forme of Government subordinate to the immediate Authority and Power of Parliament: And that all the Rights, Priviledges, Franchises, Lands, Tenements, Houses, Possessions, Rents, Revenues, Hereditaments, Libra∣ries, Debts, Goods, and Chattells belonging to the said Vni∣versity, or to Christs Church, or to any Colledges or Halls in the said Vniversity (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 what∣soever for, or under colour of any thing whatsoever relating to this present Warre, or to the unhappy differences between His Majesty and the Parliament. And that all Churches, Chap∣pells, Colledges, Halls, Libraries, Schooles, and publique Buildings within or belonging to the City, or Vniversity, or to Christs Church, or the severall Colledges or Halls thereof, shall be preserved from defacing and spoyle. And if any re∣movall

shall be made by the Parliament of any Head, or other Members of the Vniversity, Christs Church, Colledges or Halls, that those so removed shall enjoy their profits during the space of six Months after the rendring of Oxford, and shall have convenient time allowed them for the removall of themselves and their Goods from their Lodgings: Pro∣vided that this shall not extend to retard any Reformation there intended by the Parliament, nor give them any liberty to intermeddle in the Government.

15. That the Major, Bayliffes, and Commonalty, and all Corporations within the City, shall enjoy their Ancient Go∣vernment, and their Charters, Customes Franchises, Liber∣ties, Lands, Goods, and Debts, and all things else whatsoever which belong to them as Corporations subordinat, to the im∣mediat authority and power of Parliament; And shall not be molested or questioned by colour of any thing before the ren∣dring of this Garrison, done or Ordered by them in the Capa∣city of Corporations, relating to the differences between His Majesty and the Parliament.

16. That the Cittizens, and Inhabitants of the City, shall not be charged with free-quarter, or billet of Souldiers other then for Lodging, except in urgent time of necessity, and that to be ordered and disposed by the advice of the Major, or his Deputy; And that in all publique Taxes they shall be charged proportionably with the County; And that no Scholar, Cittizen, or Inhabitant in the Vniversity and City of Oxford, shall be troubled, or questioned for taking up Armes in the Garrison by expresse Command, during the time it was a Garrison, for the defence thereof: And that the Scho∣lers, Cittizens, and Inhabitants shall have the benefit of this Capitulation in all things that may concerne them.

17. That no Officer, Souldier, or other person who by the Articles are to march out of the City, or Suburbs, or to march in, shall plunder, spoyle, or injure any Scholar, Cittizen, or Inhabitants, or other person in Oxford, in their Persons, Goods, or Estates, or carry away any thing that is properly be∣longing to any of them,

18. That all Ladies, Gentlewomen, and other women now in Oxford, whose Husbands, or Friends are are absent

from thence, may have passes and protections for themselves Servants and Goods, to go to, and remaine at the Houses of their Husbands, or at their Friends, as they shall desire; and to goe or send to London, or elsewhere, to obtain the Allow∣ances 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 goe to His Majesty, may have free Liberty and Passes to goe accordingly at any time within one Month next after the Rendring of the Garrison. And that His Majesties Houshold-stuffe, and other his peculiar Goods which are now in Oxford, may be carried to His Majesties 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 removall of them thither, and there to remaine till His Majesty shall other∣wise dispose of them, and then to be sent or disposed accor∣dingly. And that such of His Majesties Servants who are not able for the present to goe to him, shall have Liberty, Passes and Protections to goe to and remaine at His Majesties said House at Hampton Court, and have liberty to attend the Committee for His Majesties Revenues, to procure a compe∣tent Allowance out of His Majesties Revenue for their sub∣sistance, untill His Majesty shall otherwise provide for, or dispose of them.

20. That all Clergy-men now in Oxford, who shall not upon Composition or otherwayes, be restored to their Church-Livings, shall have Liberty to goe to London to ob∣taine some fitting Allowance for the Livelyhood of them∣selves 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 Moveables, allowed by these Articles during the space of six Months, after Ren∣dring the Garrison: And that they shall be free from all Oathes, Engagements, and Molestations, except an Engage∣ment 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 Quarrers: and that they shall have

Liberty within the space of six Months (in case they shall be resolved to goe beyond Seas) to dispose of their Goods, Debts, and Moveables, allowed by these Articles, and depart the Kingdome, if they shall think fit: and to have Passes for their Transportation; Or otherwise to stay in the Kingdome.

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 punish∣ment 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 Earle of Lindsey, and their Servants that came forth with them, shall enioy the be∣nefit of these Articles, in whatsoever may concerne them.

24 That the Garrison of Faringdon, _____ _____ shall be Rendred to his Excellency Sir Thomas Fairfax, and the Governour, Gentlemen, Souldiers, and all other of what qua∣lity soever within those Garrisons, shall enioy the benefit of these Articles in every particular which may concerne them, they Rendring the Garrison accordingly as Oxford.

25. That all Persons comprised in these Articles, shall (upon request) have a Certificate under the hand of his Ex∣cellency Sir Thomas Fairfax, or the future Governour 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 Ar∣ticles.

26. That the Generall Sir Thomas Fairfax, shall give a Passe to one or two Messengers with their Servants, to goe unto the King to give Him an Account of the Proceedings upon this Treaty and Conclusion thereof, and to returne, and receive the benefit of these Articles.

FINIS.

Dated at Water-Eaton, June 20^th, 1646.