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A89745 The Earl of Norwich, Lord Capel, & Sir Charls Lucas, their peremptory answer, in refusing to surrender Colchester, upon the Lord Generalls conditions. With his Excellencies summons, and articles offered them. Also his repyl to the enemies last answer. And all the summons, articles, letters, and answers between his excellencie, and the enemie, in Kent and Essex. Published by speciall command, and for generall satisfaction to the kingdome. Norwich, George Goring, Earl of, 1583?-1663.; Capel of Hadham, Arthur Capel, Baron, 1610?-1649.; Lucas, Charles, Sir, 1613-1648.; Fairfax, Thomas Fairfax, Baron, 1612-1671. 1648 (1648) Wing N1337; Thomason E449_30 10,634 16

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THE EARL OF NORWICH Lord CAPEL Sir CHARLS LUCAS their Peremptory Answer In refusing to Surrender Colchester upon the Lord Generalls Conditions WITH His EXCELLENCIES Summons and Articles offered them ALSO His Reply to the Enemies last ANSWER AND All the Summons Articles Letters and Answers Between his Excellencie and the Enemie in KENT and ESSEX Published by speciall Command and for generall satisfaction to the Kingdome LONDON Printed for Robert White 1648. A Letter to the Gentlemen of KENT and others aboard the Ships in the DOWNS Gentlemen HAving by my Letter of the 7 th of June 1648. declared to all Seamen and others who have been instruments in the seizing and carrying away of divers ships set forth by the Parliament for the securitie of the Kingdom that if for the future they do so improve their indeavours as to regain the said ships and bring them in to the obedience of the Parliament that then they shall receive not only pardon for what they have done but likewise what pay shall be due unto them All which I am still ready to make good unto them if forthwith they shall comply and in persuance thereof bring their respective ships into Chattham there to receive their pay and being informed that your selves being on board the ships whereof at writing of my former Letters I had no notice are sencible of your own danger which you have the more reason to be considering the continued successe which it hath pleased God to give the forces of the Parliament under my Command in this Countie my Self being here at Canterburie as by the inclosed Articles delivered Dover Castle relieved the two Forts of Dover taken Sandwich possest by some of my Forces and the rest of my Forces now marching to reduce Deale Castle and the other two Castles of which by Gods blessing I doubt not but to have a speedie and good account To testifie the desires I have of your preservation so far as you will make your selves capable thereof by your being instrumentall to bring the said ships under obedience of the Parliament and for that purpose to deliver them up to the charge of these Gentlemen hereafter named intrusted for that purpose to be by them immediatly brought into Chattham which done by you do declare and hereby tender unto you Indempnitie for your by-past errors in relation to the revolting of the ships and Kentish commotions for which I have warrant from the Parliament as by the inclosed Papers will appear The Gentlemen I have intrusted to come unto you about this businesse are Col. Rich and another Officer of the Army Capt. Benjamin Craulie Capt. Phineas Pett Thomas Arkinstall and Henrie Coodall If you do readily comply herein I shall not only be carefull to observe what is promised but be ready on any occasion To be Yours Rochester June the 10th 1648. To the Gentlemen of the Countie of Kent and Seamen aboard the Ships in the Downes Gentlemen I Thought fit to let you know I am here by the Command of the Generall for the preservation of the peace of this County and that by the blessing of God according to his Excellencies Letter to you on that behalf the late troubles of these parts are very well alayed that according to the Generals directions I have sent you his Excellencies Declaration to whom the Parliament hath referred the Composure of these distractions I hope you will deeme your selves so far concerned in the peace of this County and Kingdom as that nothing being wanting in what is tendred to render you capable of injoying all that is desirable notwithstanding the late clouds you have been under you will not now be enemies to your own peace and happinesse but imbrace and not reject what is offered lest the Parliament by this large tender having so clearly washed their hands of that blood and misery which may ensue by your refusall It lies now at your doore if you accept of what is here sent I desire a speedy returne that you may have a safe conduct from me for such as you shall think fit to come on shore to treat the purport of what you have inclosed with the Gentlemen here Your humble Servant Nath. Rich. To this no other Answer was returned then that they owed not him the Parliament or Generall so much service as to return him a word in writing but if he would produce a Commission from His Majesty they were his servants Deale the 11th of June 1648. Mr. SPEAKER I Had not been thus long out of Essex had there not been a necessity for my stay in these parts till this County be totally reduced which now by Gods blessing it is except Deale-Castle and the other two Castles upon that Coast before which there are now forces lying and doubt not but very shortly to give a good account of them Those forces that besieged Dover-Castle upon the approach of Colonell Rich and Colonell Hewson retreated to Canterbury where they made a considerable strength with other forces of the County that had sled thither together with the Towns-men being above two thousand Horse and Foot whereupon I sent a good Party of Horse Foot and Artillery from Rochester to come on this side the Towne whilest Colonell Rich and those with him came on the other side The Gentry in the Towne sent forth for a Parley whereupon these inclosed Articles being the Copie of the Originall were agreed upon which I humbly offer to the consideration of the House Vpon which the Towne was yesterday delivered and neare three thousand Armes brought in to the Cathedrall Commissary Generall Ireton staies there a while to dismantle some part of the wall by the strength whereof they have been so incouraged to hold out I likewise send you inclosed the Demands of the Towne of Dover and Colonell Rich his answer thereunto the Fort there yeelded presently after the Towne was possest wherein there were seventy barrels of powder which they had gotten in thither for the better supply of their Army in Kent I have sent two Companies to quarter at Sandwich and intend this night God willing to quarter at Graves-end and to lose no time in prosecuting the businesse in Essex I have writ to the Committee of the Army to send a Morter-Peece downe by water to Sandwich which I desire may be bastened in case the Castles hold out I remaine Your faithfull and Humble Servant THOMAS FAIRFAX Rochester June 11th 1648. Gentlemen and others of the Town of Harwich WE whose names are hereunto subscribed send greeting and shew unto you that whereas the Forces of the Lord Goring are in Colchester and probably may attempt the Towne of Harwich we therefore declare and resolve that if you will stand joyntly together and keep out the enemy aforesaid and preserve the Towne for King and Parliament we will stand firme with you using our utmost diligence to assist but if you shall through treachery or cowardise admit or suffer the enemy to enter
of War I shall offer viz. That if your selves and the rest with you in Colchester shall within 24. houres 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 engaged with you in the Town shall have liberty and Passes to go beyond Sea with Equipage befitting their qualities engaging themselves not to return 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 Arms Ammunition and furniture of War within the Town and also their borses imployed in Militarie 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 entrance 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 Concealment Your Servant Thomas Fairfax To the Earl of Norwich and Lord Capell Gentlemen I Have herewith sent an Answer to the Paper sent me yesterday from Lord Norwich Lord Capell and Sir Charles Lucas as from your selves or at your request which I presume will be imparted to you by them and I have likewise sent a Copy thereof by this bearer to be delivered to you if those Lords shall so admit June 20. 1648. To Sir William Rowe Sir William Masham and the rest of the Committee of Parliament now under restraint at Colchester My Lord WE 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 Publique Peace of the Kingdome and we againe owne that sence and no other as befitting the duty of English Men And we believe 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 Conditions in particular to us we understand not nor can it be supposed without strayning and offering violence to our manner of proceeding I hose Conditions you proffer to the Officers and souldiers on our part we doe hereby make offer of to the Officers and souldiers on your part We shall in this occasion deale frankly and plainly We doe not without evident reason conceive our selves to be in a Condition able to entertaine all the force you can make and thereby to give courage and opportunity to all true hearted Englishmen 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 I estimony of our force and courage at how high a rate we value the Generall peace of the Kingdome You doe with more then usuall earnestnesse desire that your Answer should be communicated to the Committee and whom else it may concerne we apprehend you cheifly intend the Inhabitants of Colchester we were very unworthy persons if any thould exceed us in our Care for this good Towne and we doubt 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 knowne Lawes of the Kingdome and because you apprehend it so important and necessary to divulge the proceedings in this affaire we 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 subsigned the answer of your Lordship to us of the 20. 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 Country under our power and to each person of the Committee one Colchester 21 Iune 1648. Norwich Arthur Capell Charles Lucas My Lord we doe also hereby returne you many thanks for your honorable Civilities in the businesse of Sir William Leyton WHereas in answer to a Letter sent out from Colchester concerning a Treatie I have offered libertie to all private Souldiers and persons of that ranke laying downe Armes to depart to their severall homes and to be free from the plunder or violence of the Souldiers Together with other Conditions to Persons of other Qualities I doe therefore require and Command all Officers Souldiers and others whom it may concerne That in Case before acceptance of or Agreement upon the Conditions tendred to all of the Enemies partie for the surrender of the Towne any private Souldiers or Persons of that ranke shall come away from the Enemy with their Armes or without and shall peaceably come into the guards rendring such Armes as they bring with them That in such case no plunder or violence being committed upon any such persons but that they be quietlie brought to the Head Quarters there to receive Passes for their repair to their Homes Given under my hand and seale at the Leaguer before Colchester the 21. day of June 1648. Thomas Fairfax To the Marshall Gen. or his Deputy to be published by beate of Drlim and sound of Trumpet in each Regiment and Troop This was Proclaimed in the head of every Troop and Regiment of he Army of his Excellenency the Lord Fairfax before Colchester June 21. 1648. My Lords I Have read your Lettter of the second Instant As to the unheard of motion of free trade to be admitted to a besieged Town the imharring whereof they have by their admission of your forces drawn upon themselves I have yet sent here inclosed an Answer to the Mayor and the rest which I expect to be communicated to them For the rest of your Letter being of that nature as it is I shall for bear either to retort or answer Your Servant Tho. Fairfax June 23. 1648. For the E. of Norwich L. Capell Sir Charles Lucas thesse Gentlemen WE who are now in Colchester in a posture of Arms but still in Order to the generall Peace of the Kingdom understand that you have assembled your selves also in a warlike posture upon the Confines of your County of Suffolk whether to joyn with us in the same just undertakings which become true lovers of their country or to adhere to those who oppose our common Peace or to stand in a cold Newtrality to both we yet know not We well hope any distance you at present think fit to keep from us proceeds not from any difference of opinion or designe but want of a mutual understanding of one another Our intents on our part are so much leveled at the restoring of the known Laws of the Land the proper interest both of King and subjects and a well-grounded Peace without any by interest whatsover as we doubt not if you will please to send some few persons among you in the name of the rest to communicate to us your thoughts and desires and freely understand ours we shall be found so agreeing with you in our ends as you will after that with more confidence concur and joyn with us in our proceedings which union will not only strengthen one another but give both accesse and incouragement to others more remoter to ingage in the same undertaking You may be confident such persons as you shall depute for this purpose shall have a safe passage to us and return to you and such a Cordiall Reception here as shall evidence us to be Your real Friends and Servants Norwich Arth Capell Char Lucas Colchester Iune 23. To the Gent or chief Officers at Cattaway bridge and Stretford Gentlemen WE are willing so far to answer your desires as to let you know our forces are come hither to preserve the County of Suffolk from the injuryous oppressions and illegall proceedings of the L Goring Sir Charles Lucas and their party and are further resolved by Gods assistance to helpe o●● neighbours in Essex in removing such just causes of their complaint and if you were as sensible of them as we and not seduced by some old and know he enemies of the Kingdome into a second unnaturall difference if the goodnesse of God prevent it not you would cleerly see we are freinds and no enemies to you further then you are enemies to the State and to the peace of the Kingdome and of these Associated Counties and whereas we understand you have drawne nigh to us and seised upon Sir Harbottle Grimstons house and plundred those parts which you pretend to secure we desire you would prevent those causes of Jealousy by a present removing of the forces till which be done we shall take you for enemies and cannot as we otherwise gladly would subscribe our selves Cattaway bridg June 23 1648. Your freinds Ioh. Brandlinge Peter Fisher Rich. Gooding Jacob Caley To the Commander of the party at Bradfeild-Hall
Your Servants Norwich Arthur Capell Charles Lucas For the Lord Fairfax Colchester June 15th 1648. In Answer to this the ensuing List was sent back this day A List of the Prisoners remaining in custody with the Marshall Generall Lexton June 15th 1648. Sir William Leiton Collonell Lieut Col. Roberts Capt. Gregorie Baker Capt. Christmas George Rawlins Esquire Lieut. Thomas Outing Lieut. Francis Bland and sixteen Gentlemen more Sir John Dorrell Col. Francis Clark George May Gent. these three taken before the fight with three hundred and twentie private Souldiers Articles agreed upon by and betwixt the Commissioners whose Names are hereunder written intrusted by Commissarie Generall Ireton in the behalf of his Excellencie the Lord Gen. Fairfax on the one part and the Commissioners whose names are here under written in the behalf of the Gentlemen and others now in Arms in the Citie and Suburbs of Canterburie 1. THat the Forces now under the Command of Commissarie Gen. Ireton or such of them as he shall appoint shall have peaceable entrance into the City and Countie of Canterburie by 11th of the clock to morrow morning 2. That all Armes Ammunition and Ordnance within the said City Countie and Suburbs shall be without imbezlement brought in by the said ●●ure into the Cathedrall Church of Canterburie and there laid up and delivered to the custodie of such persons as the Commissarie Gen. shall appoint for the use of the Parliament and all horses saddles and furniture imployed there in Militarie service shall likewise be delivered to such as he shall appoint in the Castle yard to morrow by two of the clock in the afternoone or sooner except to the number of eightie of the Countrie Gentlemens horses with their saddles and bridles to be allowed for the carrying of them to their houses and there to continue them to their own proper uses 3. That all other furniture of warre within the said Citie County and Suburbs shall likewise be delivered up to such as the said Commissary Generall shall appoint by to morrow at noone or sooner 4. That in consideration hereof no souldier shall offer any violence or plunder or to their power suffer to be plundred any the persons Inhabitants in the County of Kent or in the County and City of Canterbury comprised within these Articles and that all of them shall or may with sasety and freedome returne to their severall habitations and there quietly abide they submitting to the authority of Parliament except such as have served the King against the Parliament in the late warre unlesse they shall within ten dayes next ensuing give sufficient security to the Lord Generall for their peaceable residence in the Kingdome and not to beare or raise Armes against the Parliament or the forces by them imployed or otherwise doe in one Moneth depart the Kingdom and not to return without leave first had and obtained from the Parliament or the Lord Generall and every such person upon request shall have a Passe from the Lord Generall for his transportation and except also such other persons as are not Inhabitants within this County of Kent County and City of Canterbury and yet have borne Anmes in the late Insurrections in this County 5. That for what Fine or further punishment shall be imposed upon any of the persons within this Capitulation for Delinquency in the late Insurrections in order to reparation of damages occasioned thereby and the further security and quiet of this County the Generall so ferre as it is or shall be left to him by the Parliament will set downe some moderate and reasonable tearmes and for what shall not be in his power properly to determine will earnestly recommend their conditions to the Parliament for moderation and gentlenesse to be used and it is the intentions of this Agreement 〈◊〉 no penalty be imposed as aforesaid upon any person within this Capitulation except such as stand excepted in the last preceding Article shall extend to corporall punishment 6. That all persons comprised within this Capitulation that are to Live the benefit thereof shall ingage themselves unlesse within three layes they declare the contrary to the Generall or Commissary Generall Ireton shall be understood hereby to be ingaged not to raise or beare Armes any more against the Parliament or their forces by them imployed or to act any thing wilfully to the prejudice of their affaires or to the disturbance of the Publique Peace and when they or any of them shall be required by the Generall or such other 〈◊〉 he shall appoint such persons so required shall subscribe to the same Dated at Feversham this 8th of June 1648. Signed by us the Commissioners on the behalf of his Excellencie the Lord Generall Fairfax Jo. Barkstead Q. Gravener Hen. Whaley Signed on the behalf of the Gentlemen and others now in Arms in Canterburie Robert Wilkinson James Kent Rochester 9th of June 1648. I do approve of these Articles and for my part do ratifie and confirme the same Thomas Fairfax My Lord WEE have sent the inclosed to your perusall and shall need to say no more then what the inclosed speaks we rest Your Servants Norwich Arthur Capell Charles Lucas June 19. 1648. Iune 19. 1648. THE Committee of Parliament now under restraint at Colchester upon their humble request for it to the Lord Norwich Lord Capell and Sir Charles Lucas have obtained leave of them that they the said Committee may make it their humble Proposall to the Lord Fairfax that there may be a Treaty between both Armies for a Peace W. Rowe W. Masham Io Edm. Samuell Sheffeld I. Langley T. Midleton Tho. Ayloff Robert Smith I. Barnardiston Robert Crane IT is the generall Peace of the Kingdome we contend for and therefore we are content that the Commitee shall send their above-written Proposall to the Lord Fairfax according unto their Request made unto us Norwich Arth Capel Charles Lucas For my Lord Fairfax 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 kinde of Treaty or for what Peace it meant But the latter part underwritten by your Lordships and Sir Charles Lucas seemes to explain your own meaning so as if you meant a Treaty betwixt the Armies for the generall Peace of the Kingdom 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 self 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 Kingdom without more bloodshed and for the saving of so eminent a Town from the chance