1. THat the Garrison of Oxford, with the Castle, Forts, Mounts, and pla­ces of Defence whatsoever, With all the Ordnance, Arms, Ammunition, and Provisions of War, with all Ma­gazines and Stores thereunto belonging, excepting [Page 4]what is allowed in the ensuing Articles, shall be de­livered to the General Sir Thomas Fairfax, or whom he shall appoint, without wilful spoil or embezlement, upon Wednesday the 24. day of this instant June, 1646. at Ten of the Clock in the Morning, or thereabouts.

2. That His Highnesse the Duke of York shall have an Honorable Convoy to London, where other of His Majesties Children are, attended by His Officers and Servants, and fitting accommodation for the removal of His Houshold and goods thither; And shall have an Honorable provision befitting His Dignity, ap­pointed for Him by the Parliament, and to remain there until His Majesties pleasure be known, touching His setling there, or elsewhere, and then to be disposed accordingly to any place within fourscore miles of London, and shall have such Officers and Servants to continue about Him as the Parliament shall approve.

3. That their Highnesses Pr: Rupert & Pr: Maurice, shall have liberty and Passes for themselves, with their Servants, Horses, Arms and Goods (the number of their Horses for them and their Train not exceeding seventy) to repair 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 Moneths after the Rendring, free from any molestation by im­position of Oaths, or otherwise; and shall have Passes to go beyond the Seas at any time within the said six Moneths, with their said Servants, Horses, Arms and Goods, they engaging themselves upon their Honors, not to use the liberty hereby granted in the mean time to any Hostility against the Parliament of England sit­ting [Page 5]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 concern them.

4. That the Seals, called the Great Seal, Privy Seal, the Signet, and the Seals of the Kings Bench, Exchequer, Court of Wards, Dutchy, Admiralty, and Prerogative, as also the Sword of State, shall at such time, and in the presence of two such persons as the General Sir Thomas Fairfax shall appoint, be lockt up in a Chest, and left in the publike 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 detain or em­bezle the same.

5. That Sir Thomas Glemham Knight, &c. Gover­nor of Oxford, with his Servants, and all that to him belongs, and all Officers and Souldiers of Horse and Foot, and of the Train of Artillery (as well Reformed Officers and Souldiers as others) with their Servants, and all that pertains unto them, shall march out of the City of Oxon with their Horses and compleat Arms 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, Match and Bullet proportionable, and with Bag and Baggage, to any place within fifteen miles of Oxford, which the Governor shall choose, where such of the common Souldiers as desire to go to their own homes, or Friends, shall lay down their Arms, which shall be [Page 6]delivered up to such as the General Sit Thomas Pairfax shall appoint to receive them. And all Officers and Souldiers, as well Reformed as others, that shall de­sire to go to their homes or Friends, shall have the Generals Passe and Protection for their peaceable re­pair to, & abode at the several places they shal so desire to go unto, and shall have Free-quarter allowed them in all their March from Oxon to those several places; The Officers, as well Reformed as other, to passe with equipage of Horses, and compleat Arms, 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 Solders (in case there be any such) that shall desire to take Entertainment from any Forraign Kingdom or State, shall have free Quar­ter allowed them for Twenty eight dayes from their march out of Oxon, and shall have Passes for their Officers not exceeding Ten, with their Horses and Two Servants a piece to go to London to Treat with any Foreign Ambassador or Agent, for Enter­tainment: And all of them shall have liberty and Pas­ses to march (the Officers with their complete Arms and Horses proportionable to their present or past Commands, and the Common Souldiers with their Arms, and all with Bag and Baggage) to the Quarters near to Harwich or Pertsmouth, or to any Port between them to be transported; Which Arms (except Offi­cers complete Arms and Horses, and Swords for the Common Souldiers, which they may transport) they shall there lay down and deliver to such as the General shall appoint, or unto the Governor of the next Gar­rison [Page 7]belonging unto the Parliament, who shall take care for their safety during their abode there, and until shipping can be provided, and weather seasonable, they paying for their Quarter after the said Twenty eight dayes expired, and shall assist them for procuring Ves­sels and shipping for their transportation at the usual Rates accustomed for Fraight, The Officers and Soul­diers, and others, before transportation engaging them­selves by promise not to return into this Kingdom in Hostility against Parliament in Bodies as they go, or in conjunction with other Forces, or in com­mand of any Forces invading this Kingdom: And no Oath or any other engagements 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 do any Act of Hostility, or of wilful prejudice against the Parliament, during their said stay in England. And it is declaed, That those of the three Auxiliary Regiments consisting of Gentlemen and their Servants, Scholers, Citizens 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 re­main in Oxford, and in all things else which may con­cern them; And those also who shall march forth, shall have the benefit of th'ensuing Articles in all things, except for remaining in Oxford.

6. That the Governor shall be allowed, and assisted in the procuring a sufficient number of Carts, Teems, and Boats and other necessaries for the carrying away [Page 8]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 Moneths for the disposing thereof.

7. That no Officer or Souldier, nor any person whatsoever comprized in this Capitulation, shall be reproached, or have any disgraceful Speeches, or Affronts offered to them, or be stopped, plundred, or injur'd 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 equal in number of each party; Nor shall the persons aforesaid, nor any of them be inticed, or com­pelled to take up Arms against the King; Nor be im­prisoned, restrained, sued, or molested for any matter or cause whatsoever before the rendring of the Garri­son, be it of publike or private Interest, during six Moneths 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 until they be recovered, and fit accommodation and subsistence shall be provided for them during their stay, and then to enjoy the benefit of these Articles.

8. That all Horses, Arms, Money, and other Goods whatsoever taken as lawful Prize of War, before or during the Siege, and now remaining in the City, be continued in the possession of the present possessors.

[Page 9]9. That these Articles shall extend to the use and benefit of all Strangers of any forraign Kingdom or State residing within this Garison, together with their Wives, Children, Servants, Horses, Arms, Goods, Mo­ney and Debts.

10. That all persons included within these Articles, without exception of any (other then the Souldiers, that are to march out upon the fifth Article) shall have liberty during the space of three months after the ren­dring of the Garison, either to remain in Oxford, or to remove themselves with their Families, Goods, Hor­ses, and all things that properly belong to them, or to their disposition: And all Noble-men, Gentlemen, and persons of quality, with their Arms and other equi­page, to their Houses, or Friends, without any preju­dice to their Friends for receiving them.

11. That all Lords, Gentlemen, Clergie men, Offi­cers, Souldiers, and all other persons in Oxon, or com­prised within this Capitulation, who have Estates real or personal under or liable 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 Garison of Oxford, be admitted to compound for their Estates: which Composition shall not exceed two yeers Reve­nue for Estates of Inheritance: and for Estates for Lives, yeers, and other real and personal Estates, shall not exceed the proportion aforesaid for Inheritances, according to the value of them. And that all persons aforesaid, whose dwelling-houses are sequestrated (ex­cept before excepted) may after the rendring of the Ga­rison, repair to them, and there abide, convenient time [Page 10]being allowed to such as are placed there under the Se­questrations for their removal: 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 remain 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 Generals Passe and Protection for their peaceable repair to, and abode at their several Houses or Friends, and to go to London to attend their Compositions, or elsewhere upon their ne­cessary occasions, with freedom of their persons from Oaths, Ingagements and Molestations, during the space of six Moneths, and after, so long as they prosecute their Compositions, without wilful default or neglect on their part, except an Engagement by promise not to bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain 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 their Rents and Profits, from the time of entring their Names, discharged of Sequestrations, and from fifth and twen­tieth parts, and other Payments and Impositions, except such as shall be general and common to them with others.

12. That no Lords, Gentlemen, Clergy-men, Scho­lars, Officers, Souldiers, Citizens, 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 [Page 11]differences between His Majesty and the Parliament, they submitting to Composition as in the preceding) Ar­ticle; And that the persons beforementioned to be ex­cepted from Pardon, shall have the benefit of this Ar­ticle, during the space of fix Moneths, 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 own Houses or their Friends, for the space of six Moneths after the Rendring of the Garrison, and within that time to repair unto London to endeavour Compositi­ons for their Estates, and indemnity of their persons, and to make their peace, and if they cannot obtain it, shall have Passes to go beyond the seas at any time with­in the said six months; and that no other Engagement shall be put upon them, save by promise, not to bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain in their Quarters.

14. That the Chancellor, Masters and Scholars of the University of Oxon, and the Governours and Stu­dents of Christs Church of King H. 8. his Foundation, and all other Heads and Governours, Masters, Fellows and Scholars of the Colledges, Halls, and Bodies Cor­porate, and Societies of the same University, and the publike Professors, and Readers, and the Orator there­of, and all other persons belonging to the said Univer­sity, or to any Colledges or Halls therein, shall and may, according to their Statutes, Charters and Customs, en­joy [Page 12]their ancient form 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, Libraries, Debts, Goods and Chattels be­longing to the said University, or to Christs Church, or to any Colledges or Halls in the said University (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 whatsoever, for, or under colour of any thing whatso­ever relating to this present War, or to the unhappy dif­ferences between His Majestie and the Parliament: And that all Churches, Chappels, Colledges, Halls, Libra­ries, Schools, and publike Buildings, within, or belong­ing to the City or University, or to Christs Church, or the several Colledges or Halls thereof, shall be preser­ved from defacing and spoil: And if any removal shall be made by the Parliament of any Head, or other Mem­bers of the University, Christs Church, Colledges or Halls, that those so removed shall enjoy their profits during the space of six months after the rendring of Oxon, and shall have convenient time allowed them for removal of themselves and their Goods from their lodgings: Provided that this shall not extend to re­tard any Reformation there intended by the Parlia­ment, or give them any liberty to intermeddle in the Government.

15. That the Maior, Bayliff and Commonalty, and all Corporations within the City, shall enjoy their anci­ent Government, and their Charters, Customs, Fran­chises, Liberties, Lands, Goods and Debts, and all things [Page 13]else whatsoever which belong to them as Corporations subordinate to the immediate authority and power of Parliament, and shall not be molested or questioned by colour of any thing before the rendring of this Gari­son, done, or ordered by them in the capacity of Cor­porations, relating to the differences between His Ma­jestie and the Parliament.

16. That the Citizens 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 Maior, or his Deputy; and that in all Publike Taxes they shall be charged proportionably with the County: And that no Scholar, Citizen, or In­habitant in the University and City of Oxford, shall be troubled or questioned for taking up Arms in the Gari­rison by expresse Command during the time it was a Garison, for the defence thereof: And that the Scho­lars, Citizens, and Inhabitants shall have the benefit of this Capitulation, in all things that may concern 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, spoil or injure any Scholar, Citizen, or Inhabitant, or other person in Ox­ford, in their persons, goods or estates, or carry away any thing that is properly belonging to any of them.

18. That all Ladies, Gentlewomen, and other wo­men now in Oxon, whose husbands or friends are absent from thence, may have Passes and Protections for them­selves, servants and goods to go to and remain at the houses of their husbands, or at their friends, as they shall desire; and to go or send to London, or elsewhere, [Page 14]to obtain the Allowances 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 go to His Majestie, may have free li­berty and Passes to go accordingly, at any time within one month next after the rendring of the Garison. And that His Majesties Houshold-stuff, 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 custodie any of them are, shall be allowed and assisted in the procuring of Carts, Boats, and Carriages for the removal of them thither, and there to remain till His Majesty shall otherwise dispose of them, and then to be sent or disposed accordingly. And that such of His Majesties Servants who are not able for the present to go to Him, shall have liberty, Passes and Protections, to go to and remain at His Ma­jesties said House at Hampton-Court, and have liberty to attend the Committee for His Majesties Revenue, to procure a competent Allowance out of His Majesties Revenues for their subsistance, until His Majesty shall otherwise provide for, or dispose of them.

20. That all Clergy-men now in Oxford, who shall not upon Composition or otherwise, be restored to their Church-Livings, shall have liberty to go to London, to obtain some fitting allowance for the Lively hood of themselves 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 Moneths after Rendring the Garrison: And that they shall be free from all Oaths, Engagements and [Page 15]Molestations, except an Engagement by promise not to bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain in their Quarters. And that they shall have liberty within the space of six Moneths (in case they shall be resolved to go beyond Seas) to dispose of their Goods, Debts and Moveables allowed by these Articles, and depart the Kingdom if they shall think fit, And to have Passes for their Transportation, or otherwise to stay in the Kingdom.

22. That if any of these Articles shall in any point be broken or violated by any person or persons in Oxford, or comprized within this Capitulation, the fault and pu­nishment 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 Earl of Lindsey, and their Servants that came forth with them, shall en­joy the benefit of these Articles m whatsoever may concern them.

24. That the Garrisons of Farringdon shall be ren­dred to His Excellency Sir Thomas Fairfax, and the Go­vernor, Gentlemen, Souldiers, and all other of what quality soever within those Garisons, shall enjoy the benefit of these Articles in every particular which may concern them, they Rendring the Garison accord­ingly as Oxford.

25. That all persons comprized in these Articles shall (upon request) have a Certificate under the hand of His Excellency Sir Thomas Fairfax, or the future Go­vernor of the City, That such persons were in the Ci­ty at the time of the Surrender thereof, and are to have [Page 16]the benefit of these Articles.

26. That the General Sir Thomas Fairfax shall give a Passe to one or two Messengers, with their Servants, to go unto the King, to give Him an accompt of the proceedings upon this Treaty, and conclusion thereof, and to return, and receive the benefit of these Articles.