THE ARTICLES OF EXETER, Made on the Rendition thereof.

WITH The Vote of the Honourable House of Gommons, 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, aud others concerned in them, of the 4. of this instant Novemb, 1647.


LONDON, Printed in the year, 1647.

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, Provision [...] and Furniture of Warre belonging to the Garrison, exc [...]pting what [Page 2] 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 Munday next af­ter the date hereof, being the 13. day of this instant April, by twelve of the clock at Noone.

2. That if an 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 surren dred as aforrsaid, shall lose the benefit of the ensuing Articles.

4. That the Princes Henrietta and her Governesse, with her houshold, shall have full liberty to passe with their Plate, Money, and goods, within twenty daies 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 remai [...]e untill his Majesties Pleasure be farther knowne tou [...]hing her setling; And that the Governesse [Page 3] 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 Munday 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, Maches 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, and 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 c [...]oose to goe [Page 4] 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 owne use; and that all common Soldiers 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 Vessels 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 [Page 5] 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; and 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 repaire to their owne 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, Clergie­men, 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 que [...]oned or ac­comptable [Page 6] 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 yeates 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 Indemnity 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, Clergy 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 Indemnity for their persons, which though it prove uneffectuall) 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 posses [...]on of the present possessour.

[Page 7]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 [...]ch satisfacti­on for the same, as the cause shall require.

[Page 8]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 Par [...]. who shall cause them to be secured, if they think [...]it.

[Page 9]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.

[Page 10]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 party.

J doe ratifie and confirme the Articles abovesaid, agreed upon by the Com­missioners on my part.

Ex' Et concordat cum Original'.

H. Elsynge, Cler. Parl. D. Com.

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.

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.

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