ORDERS AND INSTRUCTIONS FROM The Lords of the King's Majesties Privy Council; for the Commissioners appointed to Treat for the surrender of the City of OXFORD, to the Parliament. WITH Several Letters and Papers that passed between Sir THOMAS FAIRFAX, and Sir THOMAS GLEMHAM, about the same. Being examined by the original 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. SIR, 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 ruin, which inevitably is like to fall upon it, except you concur. You may have honourable terms for yourself, and all within that Garrison, if you seasonably accept thereof. I desire the Answer this day, and remain Your Servant, THO: FAIRFAX. May 11. 1646. The Governors Answer. SIR, I have received your Letter, summoning me to surrender the City, which was given me in trust for His Majesty's 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 safeconduct 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, Your humble Servant, THO: GLEMHAM. On Friday the 15. of May, 1646. Sir Thomas Glenham (by the directions of the Lords and others of His Majesty's Privie-Councell now in Oxford) sent a Letter out to his Excellency Sir Thomas Fairfax, certifying his consent to treat for the delivering up of Oxford to the Parliament. For Sir Tho. Fairfax General of the Parliaments. Army. SIR, IT is here resolved to treat 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, Your Servant. Tho. Glemhan. Oxford May 15. 1646. To this Letter from Sir Thomas Glemhan, His Excellency Sir Thomas Fairfax; (by the advice of a Council of war) returned Answer the same day in to Oxford. For Sir Thomas Glemham Knight, Governor of Oxford. SIR, I Have now received your Answer to my Summons, and think Mr. Crookes house in Marston will be a convenient place for the Commissioners entrusted on both sides to treat in: I am contented that the Treaty begin on Monday 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 remain, Your Servant. THO: FAIRFAX. May 15. 1646. This Letter being delivered to Sir Thomas Glemhan Governor of Oxford, he acquainted the Lords therewith, who sat in Council 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 General of the Parliaments. Army. SIR, THe place and time mentioned in your Letter for the Treaty, is accepted, and herewithal I send you a List of the names and quality of those who are deputed to Treat 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, Tho. Glemham, Oxford May 17. 1646. 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. Colonel Tillyer. Jeffery Palmer. Philip Warwick. Capt. Robert. Meade. The General's Excellency having received this Letter and List from Oxford did immediately call a Council of War 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. Colonel Rich. Colonel Harley. Colonel. Lambert. Major Desborough. Mr. Herbert. Major Harrison. Scoutmaster Gen. Watson. Mr. Waller. The Lords in Oxford would not by any means consent to Treat by less than the former number, and consulted about sending of a Letter to Sir Thomas Fairfax about it, and accordingly, on Monday the 18. of May 1646. sent out this Letter to His Excellency. For Sir Thomas Fairfax, General of the Parliaments Army. SIR, 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 complete numbers from you by three a clock, and at four our Commissioners shall be with you. Sir, Your Servant; THO: GLEMHAM. The Lords also desiring that a Secretary might be present at the Treaty from Oxford, both for to take account of such passages as happened in the Treaty, and from the Commissioners to give an account to the Lords, as also to acquaint the Commissioners with the minds 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, General of the Parliaments Army. SIR, 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 business thereof: I desire therefore your Pass and Safeconduct for my Secretary (whose name is Davison) to be present there, and that he may have liberty at any time, with a Trumpet to pass to, and from Marston, during this Treaty, as occasion shall require. Sir, Your humble Servant; THO: GLEMHAM. Oxon May 18. 1646. 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 Majesty's most Honourable Privy Council, and Sir Thomas Glemham Knight, Governor of the Garrison of Oxon; do hereby require and authorise you Sir Thomas Gardner Knight His Majesty's 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, Colonel 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 Monday the 18. of May, and there to meet and treat for us and in our Names, with Sir Thomas Fairfax Knight, General of the Forces now before Oxford, or with such persons as he shall appoint, upon his Summons for the surrender of this Garrison of Oxon, and concerning the rendering 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 several reports that you shall make unto us, and your proceed and Progress of the said Treaty. Richard Lane Custos sig. Cottington. Hartford. Dorset. Chichester. Southampton. Seymor. E. Nicholas. Thomas Glemham, Governor. 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. SIR, I Have sent you the Names of the rest of my Commissioners, and a Safeconduct for Mr. Davison your Secretary, and have given power to my Commissioners to grant him a Pass, with a Trumpet to go as often as occasion shall be, betwixt Oxford and Marston, during the Treaty my Commissioners shall be ready at the power appointed in the afternoon: I remain, Your Servant. THOMAS FAIRFAX. May 18. 1646. The Commssioners added. Colonel Boulstred. John Mills Esq. Judge Advocate. Mr. Hales. The Copy of a Letter from the General's head quarters at Haddington. SIR, THe Commissioners met at Marston Monday May the 18. 1646. to treat, and made an entrance; but it was late that afternoon before they met, so that much was not done, and yesterday they came to treat; I have sent you here enclosed, the Copies of several 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 work on their own grounds neither, they are to meet us again this day, but God knows when we shall have Oxford by Treaty if they come on no better than hitherto they have seemed; but however the General goes on to be in a readiness to take it another way; for we do not desire to drall here but do the work we are sent about, Sir I am Your Servant N. T. Marston the 20. of May 1646. FINIS