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A92992 Severall papers and letters betwixt his Excellency the Lord Fairfax the Earle of Norvvich, Lord Capell, Sir Charles Lucas, about the surrender of Colchester. His Excellencies last summons and articles offered upon the surrender thereof with the answer in reply to the same also a letter from his Excellency the Lord Fairfax to the mayor, aldermen, and inhabitants of the towne of Colchester in answer to their desires for a free trade and commerce with the City of London during the siege. Fairfax, Thomas Fairfax, Baron, 1612-1671. 1648 (1648) Wing S2791; Thomason E449_43 5,042 8

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SEVERALL PAPERS AND LETTERS Betwixt his Excellency the Lord FAIRFAX The Earle of Norwich Lord Capell Sir Charles Lucas about the surrender of Colchester His Excellencies last Summons and Articles offered upon the Surrender thereof With the Answer in reply to the same Also a Letter from his Excellency the Lord Fairfax To the Mayor Aldermen and Inhabitants of the Towne of Colchester in answer to their desires for a free trade and commerce with the City of London during the Seige LONDON Printed for F. L. Iune 27 Anno Dom. 1648. The Generals Letter and Propositions to the Earl of Norwich Lord Capell Sir Charles Lucas for the Surrender of COLCHESTER MY LORDS THe Paper sent to me inclosed in the Letter from your Lordships and Sir Charles Lucas of the 19. instant seemes in the first part of it so drawn as that I could not well understand it what kind of Treaty or for what Peace it meant But the latter part under-written by your Lordships and Sir Charles Lucas seemes to explaine your owne meaning so as if you meant a Treaty betwixt the Armies for the generall Peace of the Kingdome and not otherwise for your selves or your Garrison And to the contents of it in that sence I can only say That such a Treaty and for such a Peace is not the proper work of my selfe or the Army but theirs that have imployed us But if the English be to make way for conditions to your Garrison I shall without the trouble of a Treaty let you know what your selves and those under you may expect from me which for the restoring of quiet to this County and the Kingdome without more blood shed and for the saving of so eminent a Town from the chance of War I shall offer viz. that if your selves and the rest with you in Colchester shall within 24 hours after notice hereof lay down Armes the common Souldiers and men of that rank shall have liberty to depart to their severall homes and there quietly to remain submitting unto the Authority of Parliament and this I shall make good however to so many of that sort respectively as shall accept thereof and do accordingly Your selves and the Officers and Gentlemen ingaged with you in the Town shall have liberty and Passes to go beyond Sea with equipage befitting their qualities engaging themselves not to returne into this Kingdom without leave from the Parliament And all of both sorts with the Inhabitants of the Town shall be free from plunder or violence of the Souldiers their Armes Ammunition and furniture of War with in the Town and also their horses imployed in Military service except such horses and swords as shall be fit to be allowed to Captaines or superior Officers and Gentlemen of quality for their removall being first delivered up without imbezlement in an orderly manner as shall be further set down and the forces under my command or such as I shall appoint being admitted a peaceable enterance into the Town I desire the Gentlemen of the Committee of Parliament now in your hands who by their Subscriptions to part of the paper and by your sending of it as from them or at their request are concerned to know what my Answer is may be acquainted herewith and indeed if it be concealed from any that are concerned in it The blame thereof from God and Man is like to fall on their heads who shall be the authors of such concealement Your Servant Tho. Fairfax To the Earle of Norwich and Lord Capell The Answer to the Generalls Letter My Lord VVE have received yours of the 20. which takes notice of the Paper of the 19 subscribed by the Committee and of our permission to have it delivered to you You have very justly apprehended our intentions to be the publike peace of the Kingdome and we againe owne that sence and no other as befitting the duty of English men and we beleeve if both Armies were accorded in such an indeavour it were the most pious easie and honourable action wherein they could be ingaged but why you have taken occasion by that act of ours to offer ronditions in particular to us we understand not nor can it be supposed without straining and offering violence to our manner of proceeding Those conditions you proffer to the Officers and Souldiers on our part we do hereby make offer of to the Officers and Souldiers on your part We shall in this occasion deale frankly and plainly we do not without evident reason conceive our selves to be in a condition able to entertain all the force you can make and thereby to give courage and opportunity to all true hearted English men to recover their ancient and knowne Lawes or if you shall adventure to attaque us we doubt not but by the mercy and assistance of almighty God to give you such a repulse as shall give testimony of our force and courage and as how high a rate we value the Generall peace of the Kingdome You do with more then usual earnestnesse desire that your Answer should be communicated tothe Committee and whom else it may concerne we apprehend you chiefly intend the Inhabitants of Colchester we were very unworthy persons if any should exceed us in our care for this good Town and we dobut not but God will recompence the kindnesse we have received from them and that he hath a reward in store for them sutable to the loyalty and fidelity they have hitherto in this occasion manifested toward the King and known Lawes of the Kingdome and because you apprehended it so important and necessary to divulge the proceedings in this affaire wee will therefore put it into your power And therefore we desire your Lordship to cause the Paper signed by the Committee of the 19. and our answer sub signed the answer of your Lordship to us of the twentieth and this our reply of the 21 to be all printed and as many of the prints as you shall send to us we will disperse in Colchester and those parts of the County under our power and to each person of the Committee one Colchester 21 June 1648. Norwich Arthur Capell Charles Lucas My Lord we doe also hereby returne many thanks for your honourable civilities in the businesse of Sir William Leyton My Lord VVE have herewith sent you inclosed a petition delivered unto us from the Bay and Say Makers of Colchester and are so inclinable on our parts to satisfie their desires as there shall want nothing thereto but your lordships equall concurrence for our undertakings being to have the known lawes and properties of free-subjects enjoyed by every one in this Kingdom we cannot but hold it our duty asmuch as we may to encourage and assist all free Trades which is the Subjects right and the sinewes of the Common wealth And therefore if your Lordship shall on your part be of the same mind and good inclination towards the Petitioners upon signification thereof to us wee shall be ready to concurre
with you in agreeing upon such a way to satisfie their desires as may be an assurance to them for the free passage of their Goods through both our Guards without any inconvenience or advantage to be thereby drawn upon the Guards on either part Expecting your answer herein we rest Colchester Iune 21 1648. Your Servants Norwich Arthur Capell Charles Lucas For the Lord Fairfax To the Right Honourable the Lords and others of the Councell of Warre fitting at Colchester The humble Petition of the Bay and Say makers of Colchester Sheweth THat your Petitioners haveing formerly impl●yed Thousands of poore people in this Towne in Making of Bayes and Sayes which they have weekly vended at LONDON for this three weekes past the passage thither being embarred they are now no wayes enabled for the continuing of the same Except they may have li●ense from your honors and from the Lord Generall the Lord Fairfax to convey their said Manufactures to the said City of London Your Petitioners therefore humbly pray That they may have a free passe from your Honours to convey their Bayes and Sayes and Perpetuanies to London by Waggons And that your Honours would be pleased to recommend their humble desires to the Lord Gen. Fairfax for the like free passage with convoy through his Quarters And your Petitioners shall humbly pray c. Right Honourable The Petition of the Bay and Say makers of this Towne to the councell of Warre here accompanied with their Letters to your Honour comming to our view and the Petitioners humble desires to us to second the Petition and Letters together with our own knowledge and sence of the dammage that will accrue not only to this Towne but to the Kingdome in Generall by reason of an embarment and stand of trade hath moved us to be humble suitors to your Excellency for your concurrence with the Councell of Warre here in granting the desires of the Petitioners For which we shal remaine Colchester Iune 21. 1648. Sir Your humble Servants William Cooke Major Iohn Lucy Gentlemen IT had bin good that the unavoydable consequence of War of that of restraining trade to a town beseiged is one had bin considered of by the Inhabitants of your Town before Their admittance of those forces which have necessarily drawen it upon them and which indeed first began the new disturbances upon this county and the Kingdome and that interruption to your Trade which is complayned off You cannot but remember that even during the first war raised against the Parliament while you had none but the Parliaments forces among you both your Towne and this whole County had as free trading with London and the parts adjacent as if there had been no warre And after that by the blessing of God the adverse forces were in all parts subdued the whole Kingdome injoyed for some time universall quiet there was againe all freedome of trade and commerce throughout all parts the forces of the Parliament disbanded and lessened by degrees and therewith taxes abated all plunder and abuse of the Souldiery restrained and at last free-quarter also taken off and there was no doubt but with the blessing of God the kingdome might have beene speedily setled and eased of its burthens by degrees as the safety thereof would admitt had it not bin for the new disturbances raised cheefle by that party whom your towne hath afforded harbour and shelter unto for the present where had they not been admitted and through the advantage of the place gayned some present breathing there was little doubt but by Gods blessing they might e're this time have bin broken or driven far enough off and your town had enjoyed without interruption the same freedome of Trade and all things else as formerly they had done as the present interuption thereto is thus drawn upon your towne not by my default but theirs and the townes mens So the first beginning thereof which the petition alleages to have been for 3. weeks past was singly by them there being at that time none of any forces entered into this county nor any that stopt your trade but the Lord Goring those in conjunction with him who then lay at Bow and afterward at other places upon the London road which so soone as by their diverting another way it was cleared there was no stop of trade by the forces under my command either to other parts of this county or your Towne untill by their admittance thereinto J was necessarily drawne downe hither to beseige them now to allow freedom of Trade to a besieged towne imployes so much disadvantage or prejudice to the beseegers and such advantages to the beseeged as the like motion was never yet granted nor I think made elsewhere therefore as to your and the inhabitants desire thereof their hopefullest and surest wayes to a ful freedom therein will be such as tend to the restitution of the Towne and County as farre as may be into the same condition wherein they werebefore those forces which occasioned the interruption came in and as in order thereunto I lately offered fair conditions in a letter to the Lord Goring Lord Capell and Sir Charles Lucas though perhaps conceal'd from you though they be rejected by them yet I shall still be ready to make good the same to all that shal timely imbrace them except those 3. persons themselves and for the meane time here are many Gentlemen and others of known Estates in this County and divers inhabitants of your towns-men eminent in trade who declare themselves willing to take of all the bayes and Sayes made in the towne at such prises as they are usually sold for and give good security for payment within a fortnight after the towne of Colchester shall be taken surrendered or quitted which I hope would be readier payment by many moneths then those commodities are usually vended for or else to take them off upon such cerraine dayes of payment as Merchants ordinarily doe in that Trade And though it be a favour without an example to a besieged towne yet in order hereunto I shall give way for those commodityes to be freely brought to Stanaway-Heath There to be either sold upon the Termes aforesaid or else to be returned into the towne if they cannot bargaine and shall give passage to and from that place to the persons goods of those tradesmen at such times as I shal find most convenient to be set apart for that purpose Iune 24. 1648. Your assured freind THO. FAIRFAX For the Major Aldermen and Inhabitants of the Town of Colchester Sir Saturday last a Trumpeter came from the Lord Capell to desire that Abraham Harsdon and Iohn Rayner Deputed by the Bay and Say makers of Colchester might come and treat with his Excelency about a free Trade The Lord Capells trumpeter and Col Panton's and divers souldiers are this day come from the Enemy and many have come since the Generalls Letter into the Towne promising liberty to souldiers and others of that rank to go and live quietly at their homes Colonell Slingsby col Beale Col Tuke Col. Champnes and divers other Colonells are very active in the Towne The Lord Goring and the rest of the Officers keep up the Spirits of their Souldiers with lies when they ask't what our Trumpeters came so often about they told the souldiers That it was about a Treaty and that the General offerd fifty thousand pounds if he would let him draw off quietly with his Army but that he would not grant it Your servant From the Leagure before Colchester 26. Iune 1648. FINIS