I.

The troops under Lieutenant-general Burgoyne, to march out of their camp with the honours of war, and the artillery of the entrenchments, to the verge of the river where the old fort stood, where the arms and artillery are to be left; the arms to be piled by word of command from their own officers.

II.

A free passage to be granted to the army under Lieutenant-general Burgoyne to Great Britain, on condition of not serving again in North America during the present contest; and the port of Boston is assigned for the entry of transports to receive the troops, whenever General Howe shall so order.

III.

Should any cartel take place, by which the army under General Burgoyne, or any part of it, may be exchanged, the foregoing article to be void as far as such exchange shall be made.

IV.

The army under Lieutenant-general Burgoyne, to march to Massachusetts Bay, by the easiest, most expeditious, and convenient route; and to be quartered in, near, or as covenient as possible to Boston, that the march of the troops may not be delayed, when transports arrive to receive them.

V.

The troops to be supplied on their march, and during their being in quarters, with provisions, by General Gates's orders, at the same rate of rations as the troops of his own army; and if possible the officers' horses and cattle are to be supplied with forage at the usual rates.

VI.

All officers to retain their carriages, batt-horses and other cattle, and no baggage to be molested or searched; Lieutenant-general Burgoyne giving his honour that there are no public stores secreted therein. Major-general Gates will of course take the necessary measures for the due performance of this article. Should any carriages be wanted during the march for the transportation of officers' baggage, they are if possible, to be supplied by the country at the usual rates.

VII.

Upon the march, and during the time the army shall remain in quarters in Massachusetts Bay, the officers are not, as far as circumstances will admit, to be separated from their men. The officers are to be quartered according to rank, and are not to be hindered from assembling their men for roll call, and other necessary purposes of regularity.

VIII.

All corps whatever, of General Burgoyne's army, whether composed of sailors, batteaumen, artificers, drivers, independent companies, and followers of the army, of whatever country, shall be included in the fullest sense and utmost extent of the above articles, and comprehended in every respect as British subjects.

IX.

All Canadians, and persons belonging to the Canadian establishment, consisting of sailors, batteaumen, artificers, drivers, independent companies, and many other followers of the army, who come under no particular description, are to be permitted to return there; they are to be conducted immediately by the shortest route to the first British port on Lake George, are to be supplied with provisions in the same manner as other troops, and are to be bound by the same condition of not serving during the present contest in North America.

X.

Passports to be immediately greanted for three officers, not exceeding the rank of captains, who shall be appointed by Lieutenat-general Burgoyne, to carry despatches to Sir William Howe, Sir Guy Carleton, and to Great Britain, by the way of New York; and Major-general Gates engages the public faith, that these despatches shall not be opened. These officers are to set out immediately after receiving their despatches, and are to travel the shortest route and in the most expeditious manner.

XI.

During the stay of the troops in Massachusetts Bay, the officers are to be admitted on parole, and are to be allowed to wear their side arms.

XII.

Should the army under Lieutenant-general Burgoyne find it necessary to send for their clothing and other baggage to Canada, they are to be permited to do it in the most convenient manner, and the necessary passports granted for that purpose.

XIII.

These articles are to be mutually signed and exchanged to-morrow morning at 9 o'clock, and the troops under Lieutenant-general Burgoyne are to march out of their entrenchments at three o'clock in the afternoon.

[signed] Horatio Gates, Major-general

[signed] J. Burgoyne, Lieutenant-general

Saratoga, Oct. 16th, 1777

To prevent any doubts that might arise from Lieutenant-general Burgoyne's name not being mentioned in the above treaty, Major-general Gates hereby declares, that he is understood to be comprehended in it, as fully as if his name had been specifically mentioned.

Horatio Gates