ARTICLES To be propounded and Treated upon, touching the Rendring of the Garrison of OXFORD.
1. THat a Safe Conduct be forthwith granted to one or more Messengers to be sent to His Majesty, to informe Him We are entring into a Treaty, that His Pleasure may be knowne before any thing be concluded.
2. That the Duke of Yorke, may be disposed of as His Majesty shall Order, with all His Servants and Chaplaines placed about Him by the King: That out of His Majesties Revenue, an Allowance of two hundred Pounds weekly may be assigned his Highnesse, for defraying his Dyet, Robes, Privy-Purse, &c.
3. That their Highnesses Prince Rupert, and Prince Maurice, His Majesties Nephewes, and their Servants, with their Horses, Armes, and Goods, free from any Disturbance, shall have liberty to remaine where they shall please in England, or Wales, and their maintenance be provided for, till they receive His Majesties Pleasure how to dispose themselves; Or to give them Passes, (if they so desire it,) for themselves and Servants to goe beyond Seas, carrying with them their Horses and Goods, without any molestation, and free from taking any Oath; And to receive the benefit of the other ensuing Articles.
4. That the Great Seale, now in the Custody of Sir Richard Lane, Knight, Lord Keeper; and the Privy Seale, and Signet, now in the Custody of Sir Edward Nicholas, Knight, His Majesties [Page 2]Principall Secretary of State: and all other Seales of Office, and Courts of Iustice, the Mint, the Sword of State, the White-staves, Keyes, and other Ensignes of Honour, and Office, with all His Majesties Goods, remaine in the severall hands His Majesty hath already intrusted the Custody of them, untill His particular Pleasure be knowne, and then to be removed as He shall direct.
5. That Sir Thomas Glemham Knight, &c. Governour of Oxford, with his Servants, and all that to him belong: And likewise all Officers and Souldiers both of Horse and Foot, with their Servants shall march out of the City of Oxford, on horsebacke, with their Horses and Armes, flying Colours, Drums beating, Matcher lighted at both ends, and Bullet in their mouthes, with their Bag and Baggage, and that every Souldier have twelve Charges of Powder; And the like for all reformed Officers, and Officers belonging to the Traine of Artillery, with six Peeces of Cannon, with Powder, and twelve Rounds, and all thereto belonging, being such as the Governour shall make choice of: And shall march to such a place as His Majesty shall direct, And in case they shall be discharged by His Majesty from further Service, and procure His Majesties leave to that purpose, Then to have power to Treat with any Forreigne Prince or State for Entertainment, and thirty dayes Free-Quarter to be allowed them: That to those that shall make no Condition with any Forreigne Prince or State in the said limitation of time, free leave be given for fix Months to transport themselves beyond Seas, with their Horses and Armes, or to goe to their owne homes: And in all other particulars, to be allowed the same Conditions, at the rest of the Lords and Gentry that are Conditioned for is this Garrison. That no Oath or Covenant be ever imposed upon any of them, nor any restraint either for occasion of Debt, or any other pretence whatsoever past, during the time above limited of six Months.
6. That such a proportion of Carts and Teemes, as the Governour shall thinke fit, shall be allowed to transport the Officers Baggage, and all other Persons whatsoever now residing in this Garrison.
[Page 3] 7. That no Officer or Souldier, or any other Person shall in their March, Rendezvous, or Quarters, be stopped, or plundred upon any pretence whatsoever; And if any such thing shall happen, full satisfaction to be given before release of the Hostages.
8. That two Officers be appointed, The one for Accommodation of Free-Quarter for Officers, Souldiers, and others: And the other Officer to look to the providing of Carriages and Horses for Officers and their Baggage.
9. That all such Officers, Souldiers, and others as are sick, hurt, and cannot march out of the Towne, shall have free liberty to stay till they be recovered, and that they may have subsistance given them in the mean [...] time; and afterwards may have leave, and a safe Convoy to goe to their owne homes, or to any of the Kings Armies or Garrisons, or to goe beyond Seas, as they shall desire, and in the meane time to take no Oath, as abovesaid.
10. That all Officers and Souldiers Wives, Children, and Servants, and all others now in this City, may have liberty to goe along with their Husbands, or to them if they please, or to returne to their owne Houses and Estates to enjoy them.
11. That the Goods of all Officers, Souldiers, and others, which at this time cannot be carried out or transported, may remains in this City, till they have opportunity to send for them, and then to have Carriages to transport them, paying reasonable rates.
12. That no man shall intice any Officer or Souldier of the Kings, with any promise of preferment or reward, to serve the Parliament, nor no Infamy shall be offered in word or deed to any Officer or Souldier, nor shall they, when they are at their owne homes be pressed or forced to serve against their wills.
13. That the Chaplains of the Regiments of Horse and Foot Marching with us, may have free liberty to use the Booke of Common- [...]rayer, in the march & during the time aforesaid.
14. That all Prisoners belonging to this Garrison may be released, where ever they are, and are to enjoy the full benefit of these Articles.
15. That any Officer or Souldier, as well Reformed, as other, and all other persons whatsoever residing in this Garrison, without [Page 4]exception, during the abovesaid time of six moneths, shall have leave to goe to London, or any where else within the Parliament Quarters to follow their busines, and not be molested with any Action of Deb [...], or Imprisonment, but have a safe Conduct given them to that purpose.
16. That all the Horses, Armes, Money, and other Goods whatsoever, taken as lawfull prize of Warre (during these troubles) now in the City, be continued in the possession of the present possessors.
17. That all persons of quality, Noblemen, Iudges, Knights, Ladies, Gentlemen, Cittizens, Inhabitants, and all other persons of both sexes without exception of any, now resident in Oxford, may remaine here as long as they think it convenient, or at any time when they please have free liberty to remove themselves, & their Families, with their Armes, Horses, Coaches, and other goods, and writings, without search, violence, or disturbance, either to live at their owne Houses, or elsewhere; And those who have professions, to be as liberty to exercife them: and that all the persons, above mentioned, shall enjoy their Houses, Lands, Rents, Revenues. Goods and Estates reall and personall, Offices, Places, and all other things to them respectively belonging, or which they have in trust for any other, or wherein any others are trusted for them, freed without Fine or Composition, of and from all Sequestrations, Fift and Twentieth part, Penalties, Seizures, and Melestations; And that no Oath, or Covenant, promise, or other engagement be imposed upon them, not enjoyned by the Lawes of the Land: And that they have free vse wherever they reside, of the Liturgy and Common-Prayer of the Church of England, according to the Lawes established by Act of Parliament.
18. That all Clergymen, of what order or degree soever, and other Scholars resident in Oxford, shall exercise their Functions, use the Liturgy of the Church, and be restored to, and enjoy their dignities, benefices, fellowships, in the Vniversities, or elsewhere, Preferments, & all other their Estates reall, & personall, Ecclefiasticall and Temporall, in their owne Rights, and in Right of their Churches, freed off and from all Sequestrations, Penalties, and Molestations; And in all other things shall enjoy the benefit [Page 5]of the next preceding Article, and of all other Articles of this Treaty that may be to their advantage.
19. That His Majesties Officers, Chaplains, Houshold and other Servants, and all such other persons comprised within these Articles as desire within six Months to goe to, and attend His Majesty, shall have Passes to that purpose for themselves, servants, Horses and Armes: And that all others, as aforesaid, who shall within six Months desire to goe into any other parts beyond the Seas shall have effectuall Passes to travell, without any Oath put upon them, and enjoy their Estates in their absence: And that such of those person, or persons as within two yeares shall resolve to transplant themselves, shall have liberty to call in their Debts, sell all their Estate both reall and personall, and carry the Money arising thereupon with his, or their family, or returne the same by Bills of exchange unto such Forreigne parts as they shall please, and have Passes granted them accordingly.
20. That the Lord Duke of Richmond, and the Earle of Lindsey with their Servants, who lately went out of Oxford, shall have the benefit of the Articles of this Treaty.
21. That no person, or persons of Clergy, or Layety, or Body-Corperate in Oxford shall be questioned, or other wise troubled for any thing past, Done, Acted, or Ordered, Spoken, Written, or Printed, relating to the present troubles between His Majesty, & the Parliament: Nor any person whatsoever comprised within these Articles, shall be examined in the future upon any occasion concerning himselfe, or others; for discovery of any thing past in relation to the said unhappy differences.
22. That for the better preservation of the Vniversity, (so Famous for Learning,) all the Fortifications and Works about it shall be forthwith Sleighted and Dismantled, and this City not continued, or any time hereafter made a Garrison: And that no Souldiers at any time hereafter in their March, or other wise, be Quartered, or Billetted in, or upon any Colledges, or Halls or any members thereof: And that no Taxe be laid upon them for Quartering, Billetting, or Paying any Souldiers.
23. That the Chancellour, Masters, and Scholars of this Vniversity, and the Heads and Governours, Masters, Fellowes, [Page 6]& Scholars of all Colledges, Halls, Bodies-Corporate, & Societies of the same, and the publique Professors and Readers thereof, and all persons belonging to the Vniversity, or to any Colledge, or Hall, or Body Corporate therein, shall or may exercise in the severall Churches and Chappels within the Vniversity the Protestant Religion, established by Act of Parliament, and also, according to their Charters, Customes, and Statutes, and the Lawes of the Land, use and enjoy their Ancient Forme of Government, both Ecclesiasticall and Civill; And all their Offices, Dignities, Places, Priviledges, Rights, Lands, Houses, Possessions, Rents, Revenues, Debts, Goods, and Chattells, belonging to them or their Corporations respectively, free of, and from Sequestration, or other molestation whatsoever, and of and from all Fines and Compositions for Sequestration, and from Fift and Twentieth parts.
24. That all Churches, Chappells, Colledges, Halls, Libraries, Schools, or Publique Buildings, or workes within, or belonging to the Vniversity, and the severall Colledges and Halls thereof, be preserved, as now they are, without any defacing or spoyle.
25, That the Major, Bayliffes, and Commonalty, and all Corporations within the City, shall enjoy their Charters, Customes, Franchises, Liberties, Lands, Goods and Debts, and all things else whatsoever which belong to them as Corporations, and their Ancient Government as formerly.
26. That no Officers, Souldiers, or other Persons, who by the Articles are to march out of the City or Suburbs, or who are to come in, shall plunder, spoyle, or injure the Inhabitants in their Persons, Goods, or Estates, or carry away any thing that is not properly their owne.
27. That the Cittizens and Inhabitants of the City and Suburbs, shall not be charged with Free Billet or Quarters Souldiers at any time, other then for lodging: and in all publick Taxes and Charges, shall beare only their proportionable part with the County at large, as hath been formerly used, and shall have no other particular Charges imposed upon them: And that any of the said Cittizens or Inhabitants, shall have liberty in [Page 7]remove into the Country, & carry away their goods at any time; And shall in all things enjoy the same Freedome and Protections with other Subjects.
28. That the Commanders, Officers, and Souldiers of the City-Regiment, ruised by His Majesties Command, shall have the full benefit of these Articles in all things, as Cittizens without exception.
29. That if the Garrisons of Faringdon, Radcot, and Bostall, or any of them, depending upon Oxford, having notice of these Articles, shall within one Month desire the benefit of these Articles, they shall have granted unto them the like Conditions.
30. That all Persons comprized within these Articles, shall have upon request, a Certificate under the hand of the Generall Sir Thomas Fairfax, or such as he shall appoint, that such Persons were in the City at the time of the surrendring thereof, and to have the benefit of these Articles.
31. That there may be fourty eight houres space allowed for Additionall Articles to be put in by the Lords and Governour. if they shall think fit.
32. That these Articles, shall extend to the use and benefit of all Strangers of all Conditions without exception, residing within this Garrison, or Prisoners of the same in any place of England, or Wales, together with their Wives, Children, Servants, Horses, Armes, Goods, Monyes, and Debts.
We pray you to proceed upon these Articles, according to your Commission.
- Ri: Lane. C.S.
- Dorset.
- F. Seymour.
- Cottington.
- T. Southampton.
- Ed: Nicholas.
- Hertford.
- Chichester.
- Th: Glemham.
ADDITIONALL ARTICLES.
33. That all Ladies, Gentlewomen, and other Women now resident in Oxford, whose husbands are absent out of the Kingdome, shall have free liberty to remaine in Oxford, or to go to their husbands houses, and there live and enjoy a fourth part of their husbands Estates, during their husbands absence, for the maintenance of themselves and their Children, free from all Sequestrations, Seizures, Penalties, or Fines; without any Composition or Molestation whatsoever, and without having any Oath imposed on them not required by Law.
34. That all His Majesties Chaplaines in Ordinary, And more particularly those who are tyed to dayly attendance, who have been hindred by these troubles from giving their due attendance in course, upon His Majesty, as by Oath they are obliged, shall have the full benefit of these Articles.
35. That in the fift Article after these words, [Both of Horse and Foot] it be added, [Of what Nation or Country soever they be, And notwithstanding they have at any time heretofore served on the Parliament side, and are since come over to His Majesties Service] with their Servants shall march out &c.
36. That all the Officers and Souldiers of Horse and Foot, of this Garrison, shall have three Months Pay truly paid them, within the time limited for free-quarter.
37. That the 28th Article may be altered, and run thus; That the Commanders, Officers, and Souldiers of the Vniversity and City Regiments, raised by His Maiesties Command, shal have the full benefit of these Articles in all things, as Priviledged Persons and Cittizens, without exception.
38. That no Officer, Souldier, or other, shall march out of this City within three weekes from the date of the Conclusion of this Treaty, unlesse His Maiesty command them out in a lesse time, and then to march out upon the former Articles.
- Ri: Lane C.S.
- Dorset.
- F: Seymour.
- Cottington.
- T: Southampton.
- Edw: Nicholas.
- Hertford.
- Chichester.
- Tho: Glemham.