Colonel Durand, the commander of the castle, agreed to surrender the fortress along with the town. The conditions were, that the liberties and properties of the inhabitants, and all the privileges of the town, should be preserved inviolate; - that both garrisons on taking an oath not to serve against the house of Stuart for one year, should be allowed to retire, - and that all the arms and ammunition in the castle and the city, and all the horses belonging to the militia, should be delivered up to the prince. This capitulation was signed by the Duke of Perth and Colonel Durand on the night of 14 November 1745.