The passage of the TREATY For the Surrender of OXFORD TO SIR THOMAS FAIRFAX. And a LIST of the Names of the Commissioners on both sides, both upon the former and later Treaties, and how fare they have proceeded in the same for the delivering up of OXFORD. Also the Copy of a Summons sent into Hartlebury Castle by Colonel Morgan, and Colonel Sandys his Answer. These being examined by the original Copies, are printed and published according to Order of Parliament. LONDON: Printed by Elizabeth Purslow, May 20. 1646. The Copy of a Letter from the Leaguer before OXFORD. SIR, ACcording as it was desired by Sir Thomas Glemham, the Governor of Oxford, (as I certified in my last, and then sent you the General's summons, and the Answer from Oxford) Passes were granted on Monday last, May the 11. instant, for Sir John Munson and Mr. Philip Warwick to come out of Oxford, and to repair unto us that day, and meet our Commissioners at the place agreed, to receive from Oxford what they should bring, to be communicated to the Generals on our side; there were Colonel Rainsborough, Colonel Harlow, and Colonel Lambert, who met with Sir john Munson and Mr. Philip warwick at the time and place appointed, by whom we understood, that (at present) it was desired by the Governor (in the behalf of himself, with the Nobility, Gentry, and Inhabitants) that they might have liberty granted to send to the King, and to know his Majesty's pleasure, and upon return from his Majesty there should be a speedy Answer given to the Generals. Our Commissioners acquainted theirs, how vain a thing it was to desire any such thing, neither would the General admit of any such delays, and therefore they were desired to give some speedy answer, with Arguments used to them to show them the vanity of their standing out, and how much better it is to take the opportunity whilst it is offered, lest by their wilful stubbornness they be forced to fare worse terms. But (it seems) that Sir john Mounson and Mr. Warwick were so bound up and limited in their Commissions, that they could not give that answer to ours which was expected, and therefore promised the next day to procure a fuller power, and more satisfactory Answer, and so they returned into Oxford, and took leave of us that night, and one of the General's Trumpeters was appointed to go into Oxford with them that night, and to return with an answer the next morning. On Tuesday, May the 12 instant, our Trumpeter, returned (but not their Cmissioners) with a desire from Sir Thomas Glemham, that because there are many of eminency, Lords, with the Duke of York, and the two Princes there, as also divers Knights, and Oxford. Parliament Juncto men, and other Gentry and Clergy, with the Inhabitants, and others that he means; he desired that the General would grant them a longer time, because so many were concerned in it, that they could not possibly present things (in a formidable way) in so short a time. So we went on hasting the dispatch of the Line, and order was given for the drawing up of the Batteries, resolving to lose no time, but preparing all we can to assault them, and be in a condition to storm if they shall not surrender; the latter, to spare as much blood as may be, being most desired by us, yet confident they will not be advantaged within by delaying us, but by thrusting themselves into harder straits, will be forced to worse terms by standing out, if they shall be so wilful. On that day Prince Rupert and some horse, all under an hundred, came out of Oxford to take the air, on Colonel Rainsboroughs side, Rupert himself being in his white hose, and rid without boots in his shoes and stockings, a party of our men marched up very near them, and had a short skirmish, in which it so happened that a bullet from one of our men hit Prince Rupert, and wounded him on the right shoulder, but we hear that it hath not broke or hurt any bone, being only a fleshy wound, and we forced them to retreat into Oxford, where we heard they were very busy that day, and also Wednesday and Thursday, the Lords debating▪ the Council of war consulting, the juncto plotting, the Clergy prating, the Townsmen meeting, and the Soldiers enquiring what to do, each in their several capacities labouring in what concerned their own faculties. Yesterday we received farther from Oxford, that the Governor would treat by Commissioners, which was accepted of and a Council of war being called, it was concluded that Mr. Crooks house at Marston where the General quartered the last year, should be the place, and Monday next the time, and that in the mean time the said Commissioners to be nominated on both sides which will be done to morrow, concerning which I shall certify you more at large by the next Messenger. They sallied out of Oxford again this day, and we had a small skirmish with them, and lost some two men. We have received the Copy of a Summons that was sent into Hartlebury Castle by Colonel Morgan, with the Governors Answer thereunto, which I have sent you here enclosed, and rest Your humble servant, N. T. Dated at the Fort before Oxford, May 15.1646. The Copy of the Summons sent into Hartleburie Castle, by Colonel MORGAN. SIR, I Am commanded by the Committee of both Kingdoms, to require you immediately to deliver unto me, for the use of King and Parliament, the Castle of Hartleburie, with all the Arms, Ammunition, Artillery, and all manner of provisions therein, without any spoil or imbezlement being made thereof, which I conceive you have no reason to hold, being out of all hopes of relief, and fare stronger Garrisons than this Castle is, or can be made, are delivered up for the aforesaid use; (witness those two later Garrisons than I suppose you can know are, viz. Newarke and Banbury) which if you refuse to do, the world will witness against you to be the cause of the effusion of all the blood which shall be spilt in the reducing of this place, and exclude yourself from having such honourable terms as you may now receive from your servant, Tho. Morgan. Hartleburie, the 9 of May, 1646. From the Governor of Hartlebury, these. The Copy of the Governor of Hartlebury Castle his Answer. SIR, I Have received your Summons, which I must profess to be sent with all civil circumstances, and therefore have applied myself to give you such an Answer, as (preserving my honour and trust reposed in me by his Majesty) may not be altogether unsatisfiable to you: I am inclined to believe with you, that in case Newarke be taken, we cannot probably expect relief from any place; But (Sir) though I must acknowledge you a person of honour, yet in regard of the distance we now stand in, I cannot justify myself to the world, in taking your report barely: My desire therefore is, you would but allow me so much time as can be but imaginably sufficient to inform myself of the certainty thereof, and if I shall find it accordingly, I will forthwith treat with you upon such conditions as may with honour and loyalty be admitted of by, Sir, Hartlebury Castle the 9 of May, 1646. Your Servant, WIL SANDI●. For Colonel Morgan. The Copy of a Letter from the General's Head▪ Quarters, dated May 17, at Heddington. SIR, THis day the Governor of Oxford sent forth the names of those persons whom he hath apppointed to be Commissioners to Treat for surrender of the City, desiring the like number of ours might be returned; They are to meet to morrow, or on Tuesday (at farthest) at Marston, so that I hope a few days will produce the surrender thereof, and that by Treaty; but if not in case they shall stand upon high terms, I doubt not but the same omnipotent power of God, which hath led us into the Gates of many strong places will assist us to possess this too: After which, if the Northern cloud dispel, as I hope it will (God willing) I shall have opportunity to see you. Sir, I remain Heddington the 17 of May, 1646. Your assured servant W. C. The Commissioners for Oxford are. Sir John Mounson. Sir John Heyden. Sir Thomas Gardner: Sir George Bynion. Sir Richard Willis. Sir Stephen Hawkins. Colonel Gosnold. Colonel Tyllier. Doctor Zouch. Thomas Chisley Esquire. M. John Dutton. M. Jeffrey Palmer. M. Philip Warwick. Capt. Robert Mead. Commissioners for the Parliament. Lieut. General Hammond. Colonel Ireton. Colonel Lambert. Colonel Rich. Colonel Harley. Scout-master Gen. Watson. Major Harison. M. Herbert. M. Waller. Four more to be named afterwards. FINIS.