The Articles of Exeter made on the rendition thereof : with the vote of the Honourable House of Commons in the approbation of them of the 6 of May, 1646 : with 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 [sic] others concerned in them of the 4 of this instant Novemb, 1647. Exeter (England) This text is an enriched version of the TCP digital transcription A25927 of text R28305 in the English Short Title Catalog (Wing A3840). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 16 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25927 Wing A3840 ESTC R28305 10521781 ocm 10521781 45181 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25927) Transcribed from: (Early English Books Online ; image set 45181) Images scanned from microfilm: (Early English books, 1641-1700 ; 1394:11) The Articles of Exeter made on the rendition thereof : with the vote of the Honourable House of Commons in the approbation of them of the 6 of May, 1646 : with 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 [sic] others concerned in them of the 4 of this instant Novemb, 1647. Exeter (England) Fairfax, Thomas Fairfax, Baron, 1612-1671. Berkeley, John, Sir, d. 1678. 10, [2] p. [s.n.], London : 1647. "The articles made and agreed upon between Sir Thomas Fairfax, Generall, and Sir Iohn Berkley, Governour of Exeter ... "-- P. [1]. Reproduction of original in the Harvard University Library. eng Exeter (England) England and Wales. -- Parliament. Great Britain -- History -- Civil War, 1642-1649 -- Treaties. A25927 R28305 (Wing A3840). civilwar no The Articles of Exeter made on the rendition thereof : with the vote of the Honourable House of Commons in the approbation of them of the 6 England and Wales. Army 1647 2915 12 0 0 0 0 0 41 D The rate of 41 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-09 TCP Assigned for keying and markup 2004-10 Apex CoVantage Keyed and coded from ProQuest page images 2004-11 Mona Logarbo Sampled and proofread 2004-11 Mona Logarbo Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion 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 , and others concerned in them , of the 4. of this instant Novemb , 1647. LONDON , Printed in the year , 1647. Dated at Exeter the 8. day of April , at 10. of the clock at night . 1646. 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 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 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 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 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 , Clergie-men , 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 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 . 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 . 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 . 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 . 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 . Given under my hand the 9. day of April . 1646. FAIRFAX . Ex ' Et concordat cum Original ' . H. Elsynge , Cler. Parl. D. Com. Die Mercurii 6. Maii. 1646. 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. Die Jovis 4. Novemb. 1647. 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.