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A83934 Orders and instructions 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 published according to order of Parliament. Fairfax, Thomas, Baron, 1612-1671.; Glemham, Thomas, Sir, d. 1649.; England and Wales. Privy Council. 1646 (1646) Wing E2914; Thomason E338_2; ESTC R200838 3,340 8

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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 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 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 Your Servant THO FAIRFAX May 11. 1646. The Governours Answer SIR 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 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 Majesties Privie-Councell now in Oxford sent a Letter out to his Excellency Sir Thomas Fairfax certifying his consent to treate for the delivering up of Oxford to the Parliament For Sir Tho. Fairfax Generall of the Parliaments Army SIR 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 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 Councell of warre returned Answer the same day in to Oxford For Sir Thomas Glemham Knight Governour of Oxford SIR 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 THO FAIRFAX May 15. 1646. 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 SIR 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 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 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 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 compleat 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 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 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 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 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 Majesties most Honourable Privie Councell and Sir Thomas Glemham Knight Governour 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 SIR 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 during the Treaty my Commissioners shall be ready at the power appointed in the afternoone I remaine Your Servant THOMAS FAIRFAX May 18. 1646. The Commssioners added Collonel Boulstred John Mills Esq Judge Advocate Mr. Hales The Copy of a Letter from the Generalls head quarters at Haddington SIR 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 Your Servant N. T. Marston the 20. of May 1646. FINIS