A LETTER From his Excellency the Lord Fairfax General of the PARLIAMENTS FORCES: Concerning the surrender of COLCHESTER, THE Grounds and Reasons of putting to death Sir CHARLES LUCAS and Sir GEORGE lisle; with the Articles and Explanation of the same. Together with a List of all the Prisoners taken, their numbers and qualities therein expressed. Read in the House of Peers upon the 31 of Aug. 1648. And commanded to be printed and published. Imprinted at London, for John Wright at the King's Head in the old Bayley, 2 Septemb. 1648. For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers Pro Tempore. My Lord: I Have herewith sent you the Articles, with the Explanations annexed, upon which it hath pleased God in his best time to deliver the Town of Colchester, and the enemy therein into your hands without further bloodshed, saving that (for some satisfaction to Military Justice, and in part of avenge for the innocent blood they have caused to be spilt, and the trouble, damage, and mischief they have brought upon the Town, this Country, and the Kingdom) I have with the advice of a Counsel of War of the chief Officers both of the Country Forces and the Army, caused two of them who were rendered at mercy to be shot to death before any of them had Quarter assured them. The persons pitched upon for this example were, Sir Charles Lucas, and Sir George Lisle, in whose Military execution I hope your Lordships will not find cause to think your Honour or Justice prejudiced. As for the Lord Goring, Lord Capell, and the rest of the persons rendered to mercy, and now assured of Quarter; of whose names I have sent your Lordships a particular List. I do hereby render to the Parliaments judgement for further public Justice and Mercy to be used as you shall see cause. I desire God may have the glory of his multiplied mercies towards you and the Kingdom in this kind, and in the condition of instruments as to the service here, the Officers and Soldiers of Essex and Suffolk (who in this time of so dangerous defection have adhered constant to yours and the Kingdom's interest) for their faithful demeasnour and patiented endurance in the hardships of this service are not to be forgotten. Hieth 29 Aug. 1648. Your Lordship's most humble Servant T. Fairfax. Articles agreed upon the 27 of Aug. 1648. by and between the Commissioners of his Excellency the Lord General Fairfax on th'one part, and the Commissioners of the Earl of Norwich, Lord Capell, and Sir Charles Lucas on the other part, for and concerning the Rendition of the Town and Garrison of Colchester. I. THat all the horses belonging to the Officers, Soldiers, and Gentlemen engaged in Colohester, with Saddles and Bridles to them, shall be brought into Mary's Churchyard by nine of the Clock to morrow morning, and the spare Saddles and Bridles into that Church, and delivered without wilful spoil to firch as the Lord General shall appoint to take charge of them. II. That all the Arms, Colours, and Drums belonging to any of the persons in Colchester above mentioned, shall be brought into St. James Church by ten of the Clock to morrow morning and delivered without wilful spoil or imbeazlment to such as the Lord General shall appoint to take charge of them. III. That all private Soldiers and Officers under Captains, shall be drawn together into the Friar's yard adjoining to the East Gate by ten of the Clock to morrow morning with their Clothes and Baggage, their persons to be rendered into the custody of such as the Lord General shall appoint to take charge of them, and that they shall have fair Quarter according to the explanation made in the answer to the first Quaere of the Commissioniers from Colchester which is hereunto annexed. iv That the Lords, and all Captains, and superior Officers, and Gentlemen of quality engaged in Colchester, shall be drawn together to the King's Head, with their Clothes and Buggage by eleven of the Clock to morrow morning, and there render themselves to the mercy of the Lord General, into the hands of such as he shall appoint to take charge of them, and that a List of the names of all the general Officers, and Field-Officers now in command in the Town be sent out to the Lord General by nine of the Clock in the morning. V That all the Guards within the Town of Colchester shall be withdrawn from the Line, Forts, and other places by eight of the Clock to morrow morning, and such as the Lord General shall appoint shall thereupon come into their rooms. VI That all the Ammunition shall be preserved in the places where it lies, to be delivered to the controller of his Excellency's Train by ten of the Clock to morrow morning; and all the Wagons belonging to the Souldery, or persons engaged, with the Harness belonging thereunto, shall be brought to some convenient place near the Ammunition, to be delivered to the same person by the same hour. VII. That such as are wounded and sick in the Town shall be there kept and provided for, with accommodation requisite for men in their condition, and not removed thence until they be recovered, or able without prejudice to their healths to remove, and shall have such Chirurgeons allowed to look to them as are now in the Town. VIII. That all Ordnance in the Town, with their appurtinances shall without wilful spoil be left at the several Platforms, or places where they are now planted, and so delivered to his Excellency's Guard that shall take the charge of those places respectively. IX. That from henceforth there shall be a Cessation of Arms on hoth parts, but the Forces within the Town to keep their own Guards, and the Lord Generals to keep theirs until they shall be removed according to the Articles aforegoing. Signed by Us The Commissioners on the behalf of his Excellency the Lord Fairfax. THo. Honywood H. Ireton Tho. Rainsborowe Edward whaley Wil Bloys Bram. Gurdon J. Sparrow Isaac Ewer Tho. Cook G. Barnardiston The Commissioners on the behalf of the E. of Norwich, the L. Capel, and Sir Charles Lucas. WIlliam Compton Ab. Shipman Edw. Hammond. S. Tuke William Ayloffe Heith, August 27. 1648. Queries propounded by the Commissioners from Colchester, to the Commissioners of his Excellency the Lord Fairfax, upon the Conditions sent into the Town. 1. WHat is meant by fair Quarter? 2. What by rendering to Mercy? To the first. BY fair Quarter we understand, That with Quarter for their lives they shall be free from wounding or beating; shall enjoy warm clothes to cover them and keep them warm; shall be maintained with victuals fit for prisoners while they shall be kept prisoners. To the second. By rendering to mercy we understand, That they be rendered or render themselves to the Lord General, or whom he shall appoint, without certain assurance of Quarter, so as the Lord General may be free to put some immediately to the sword (if he see cause) although his Excellency intends chief and for the generality of those under that condition, to surrender them to the mercy of the Parliament and General. There hath been large experience, neither hath his Excellency given cause to doubt of his civility to such as he shall retain prisoners, although by their being rendered to mercy, he stands not engaged thereby. Upon return of these Answers the Commissioners from Colchester propounded these two further Queries. 1. Whether these that were surrendered to mercy, shall enjoy their wearing clothes, as well those on their backs, as what other change they have. 2. Whether the Noblemen and Officers shall have use of their own Horses to the places where they shall be confined. To which was answered by his Excellency's Commissioners. To the first. IT is intended that those who shall be tendered and received to mercy, shall enjoy the wearing clothes on their backs; but for more the General will not be engaged. To the second. It is expected (in case of surrender upon Treaty) That all Horses as well as Arms be delivered up, and for circumstances thereof there is to be an Article yet for the Gentlemen and Officers under this condition in question, (when any of them shall be removed to the places of confinement) his Excellency will take care for Horses to carry them (with respect to their qualities,) but for allowing their own Horses he will not be engaged. A List of the Prisoners taken at the surrender of Colchester the 28 of August. 1648. THe Earl of Norwich Col. The Lord Capell The Lord Loughborow Sir Charles Lucas Col. Sir William Compton Col. Sir George lisle Sir Barnard Gascoigne Sir Abraham Shipman Sir John Watts Sir Lodowick Dyer Sir Hen. Apleton Sir Dennard Strutt Sir Hugh Oriley Sir Richard Maulyverer made an escape, but since taken. Quartermaster General Carter Col. Gilburne Col. Farr escaped and taken Col. Hammond Col. Chester Col. Till Col. Heath Col. Tuke Col. Ayloffe Col. Sawyer. Lieut. Col. Culpepper Lievt. Col. Lancaster Lievt. Col. Gough Lievt. Col. powel Lievt. Col. Ashton Lievt. Col. Baggley Lievt. Col. Wiseman Lievt. Col. Smith. Major Aescot Major Smith Major Armstrong Major Warde Major Bayley Major Read Major Scarrow Major Blyncott Major Gening. Capt. Wicks Capt. Pits Capt. Buley Capt. Burdge Capt. Bartrope Capt. Lynsey Capt. Myldmay Capt. Osbolston Capt. Estwick Capt. Lovel Capt. Cooper Capt. Blunt Capt. Snellgrave Capt. Dynors Capt. Dussen Capt. Lievt. Caninge Capt. Ward Capt. Busbey Capt. pain Capt. Hemor Capt. Smith Capt. Kenington Capt. Heath Capt. Rawson Capt. Bayley Capt. Stephens Capt. genning's Capt. Lodge Capt. Lynn Capt. Lievt. White. Edw. Goodyeare Martial Gen. Commissary General Trouley Fran. Lovelesse Master of the Ordnance Waggonmaster Gen. Gravisden Servants attending upon the Lords and Gentlemen 65. Lieutenants 72. Ensigns and Cornets 69. Sergeants 183. Private Soldiers 3067. FINIS.