ORDER'S AND INSTRVCTIONS FROM The Lords of the Kings Majesties Privie Councell; for the Commissioners appointed to Treat for the surrender of the City of OXFORD, to the Parliament.
WITH Severall Letters and Papers that passed between Sir THOMAS FAIRFAX, and Sir THOMAS GLEMHAM, about the same.
Being examined by the originall Papers; these are appointed to be printed, and are published according to Order of Parliament.
LONDON: Printed for Matthew Walbancke, May 23. 1646.
The Copies of the Papers of the Treaty at Marston, concerning Oxford.
The Summons sent into Oxford.
I do by these summon you to deliver up the City of Oxford into my hands, for the use of the Parliament. I very much desire the preservation of that place (so famous for Learning) from ruine, which inevitably is like to fall upon it, except you concurre. You may have honourable terms for your self, and all within that Garison, if you seasonably accept thereof. I desire the Answer this day, and remain
The Governours Answer.
I have received your Letter, summoning me to surrender the City, which was given me in trust for His Majesties use; but in respect there are many persons of great eminency, I must desire you to receive for answer, a request; That you will be pleased to send a safe-condvct for Sir John Mounson and Mr. Philip Warwick to repair unto you, at such a place and time as you shall appoint, by whom you shall understand what for present is desired. I remain,
For Sir Tho. Fairfax Generall of the Parliaments. Army.
JT is here resolved to treate with you, or with whom you shall appoint for a fair, peaceable, and honourable Accommodation: if therefore you shall be pleased to send a safe Conduct for such persons as shall be named for such Commissioners, and appoint the place, the names shall be sent you to morrow, so as the Treaty may begin on Monday next, Sir,
To this Letter from Sir Thomas Glemhan, His Excellency Sir Thomas Fairfax; (by the advice of a Councell of warre) returned Answer the same day in to Oxford.
For Sir Thomas Glemham Knight, Governour of Oxford.
I Have now received your Answer to my Summons, and thinke Mr. Crookes house in Marston will be a convenient place for the Commissioners intrusted on both sides to treate in: I am contented that the Treaty begin on Munday morning next by nine of the Clock if you please to send me the names of your Commissioners, and their Qualities, I shall send you a safe conduct for them, together with the names and Qualities of my own Commissioners, I remaine, Your Servant.
This Letter being delivered to Sir Thomas Glemhan Governour of Oxford, he acquainted the Lords therewith, who sat in Councell to debate the same, all day on Saturday the 16. of May 1646, and many great debates were amongst them, some desiring that the Treaty might be delayed as long as could be; others fearing that might be of ill consequence; rather thinking the present opportunity best; but many pressed to have the King sent to before any thing was concluded; but the next day viz. Sunday May 17. Sir Thomas Glemham returned Answer to Sir Thomas Fairfax.
For Sir Tho. Fairfax Generall of the Parliaments. Army.
THe place and time mentioned in your Letter for the Treaty, is accepted, and herewithall I send you a List of the names and quality of those who are deputed to Treate with such as you shall appoint, and according you may be pleased to send the safe Conduct desired, together with the names and quality of your Commissioners, Your Servant,
Commissioners names for the City of. Oxford.
- Sir John Mounson Kt. and Baronet.
- Sir John Heydon.
- Sir Thomas Gardiner.
- Sir Geo. Benyon.
- Sir. Richard Willis.
- Sir Stephen Hawkins.
- Coll. Gosnold.
- John Dutton.
- Doctor Zouch.
- Tho. Chicheley Esquire.
- Collonel Tillyer.
- Jeffery Palmer.
- Philip Warwick.
- Capt. Robert. Meade.
The Generalls Excellency having received this Letter and List from Oxford did immediately call a Councell of Warre the same day to consider what Commissioners to choose for the Parliament, who rather would have had a fewer number of Commissioners, that so the Treaty might be the shorter, and nominated only 10. whose names His Excellency sent into Oxford.
Commissioners names for the Parliament.
- Lieutenant Gen Hammond.
- Commissary Gen. Ireton.
- Collonel Rich.
- Collonel Harley.
- Collonel. Lambert.
- Major Desborough.
- Mr. Herbert.
- Major Harrison.
- Scoutmaster Gen. Watson.
- Mr. Waller.
The Lords in Oxford would not by any meanes consent to Treate by lesse then the former number, and consulted about sending of a Letter to Sir Thomas Fairfax about it, and accordingly, on Munday the 18. of May 1646. sent out this Letter to His Excellency.
For Sir Thomas Fairfax, Generall of the Parliaments Army.
BY reason the Names of your Commissioners are not sent, I desire your excuse of not sending our Commissioners this morning, and shall expect the compleat numbers from you by three a clock, and at four our Commissioners shall be with you.
The Lords also desiring that a Secretary might be present at the Treaty from Oxford, both for to take accompt of such passages as hapned in the Treaty, and from the Commissioners to give an accompt to the Lords, as also to acquaint the Commissioners with the mindes of the Lords from time to time; concluded that a Letter should be sent to Sir Thomas Fairfax, to grant a safe conduct for Mr. Davison for that purpose.
For Sir Thomas Fairfax, Generall of the Parliaments Army.
IT hath been the use of other Treaties, that a Secretary of either party should be present at the Treaty, for the better expediting the businesse thereof: I desire therefore your Passe and Safe-conduct for my Secretary (whose name is Davison) to be present there, and that he may have liberty at any time, with a Trumpet to passe to, and from Marston, during this Treaty, as occasion shall require.
The Oxford Lords also consulted about Instructions to be drawn up for their Commissioners to treat by.
The Instructions for the Oxford Commissioners.
THe Lords and others of His Majesties most Honourable Privie Councell, and Sir Thomas Glemham Knight, Governour [Page 5] of the Garison of Oxon; do hereby require and authorize you Sir Thomas Gardner Knight His Majesties Solicitor, Sir John Mounson Knight and Baronet, Sir John Heyden Knight, Sir Richard Willis Knight and Baronet, Sir George Binion Knight, Sir Stephen Hawkins Knight, Collonel Gosnold, Jeffery Palmor, Philip Warwick Esquire, Captain Robert Meade, or any two or more of you, to repair to the Village of Marston, in this County of Oxford, this present Munday the 18. of May, and there to meet and treat for us and in our Names, with Sir Thomas Fairfax Knight, Generall of the Forces now before Oxford, or with such persons as he shall appoint, upon his Summons for the surrender of this Garison of Oxon, and concerning the rendring thereof, upon a fair Accommodation, with the safety of the University and City of Oxon, and all that are in the same: And to this end, you are required and authorized to compound and deliver such Articles and demands, as now are, or hereafter shall be given unto you, and debate and treat upon the same, for obtaining a full consent thereunto, and establishment thereof,: And further, you are to continue the said Treaty and debate, from time to time upon such further directions and instructions, as shall be thought sitting upon the severall reports that you shall make unto us, and your proceedings and Progresse of the said Treaty.
- Richard Lane Custos sig.
- Cottington.
- Hartford.
- Dorset.
- Chichester.
- Southampton.
- Seymor.
- E. Nicholas.
- Thomas Glemham,
- Governour.
Sir Thomas Fairfax excepted against Sir George Binion, and so they were to treat 13. on a side; and his Excellency sent a Letter to Sir Thomas Glemham as followeth.
I Have sent you the Names of the rest of my Commissioners, and a Safe-conduct for Mr. Davison your Secretary, and have given power to my Commissioners to grant him a Passe, with a Trumpet to go as often as occasion shall be, betwixt Oxford and Marston, [Page 6] during the Treaty my Commissioners shall be ready at the power appointed in the afternoone: I remaine,
The Commssioners added.
- Collonel Boulstred.
- John Mills Esq. Judge Advocate.
- Mr. Hales.
The Copy of a Letter from the Generalls head quarters at Haddington.
THe Commissioners met at Marston Munday May the 18. 1646. to treate, and made an entrance; but it was late that afternoone before they met, so that much was not done, and yesterday they came to treate; I have sent you here inclosed, the Copyes of severall papers concerning the Treaty; there is such lumbering at Oxford that their own Commissioners know not how to please all, and you may see by their own instructions how they are bound up, that they can not worke on their own grounds neither, they are to meete us againe this day, but God knowes when we shall have Oxford by Treaty if they come on no better then hitherto they have seemed; but however the Generall goes on to be in a readinesse to take it another way; for we do not desire to drall here but do the work we are sent about, Sir I am
On Friday the 15. of May, 1646. Sir Thomas Glenham (by the directions of the Lords and others of His Majesties Privie-Councell now in Oxford) sent a Letter out to his Excellency Sir [Page 2] Thomas Fairfax, certifying his consent to treate for the delivering up of Oxford to the Parliament.