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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
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
in or possesse themselves of the Towne know you that we are resolved to force the enemy forth againe and in so doing shall beat downe or fire your Town eaven with the ground we desire to act rather as friends then enemies and doe subscribe according to your behaviours to be your Friends and Servants The Result of a Consultation held on Board the Providence by us whose names are hereunto subscribed for the service of the Parliament occasioned by the enemies beeing in possession of Colchester with Gorings whole Army RESOLVED UPON FIrst That forthwith we write to the Mayor and the rest of the Town of Harwich that if they will stand firme to preserve and defend against the common enemy viz. the Kings Party that then we will stand and act with them with all diligence but if they comply or give way to the enemy to enter and possesse the Town we will use our ●●termost endeavours to beat the enemies forth of the Towne againe though in so doing we beat down or fire the Towne Secondly In order to the service it is agreed that if the Fort shall stand in need of Ammunition or otherwise we will supply them Thirdly For the best advantage of service it is thought fit that the ships shall be thus disposed of viz. the Adventure and Tyger shall birth upon the South-west of the Town as neare as with safety to flank the passage to the Town upon that side the Providence lie neare within Pistoll shot of the Rode of the Town upon the North-side to sway that part the Recovery to birth as near to Langer Fort as with convenience that the Dolphin ride upon the West side Musket shot off the Fort of Harwich the Grey-hound to be upon the North-east side of the Town to flank that side Fourthly That care be taken to draw off all the boats from the shore upon Harwich side save only such necessary boats as may be especially usefull To the premises aforesaid we joyntly consent and subscribe Gentlemen and our worthy good Friends WE have received by Captain Mildmay the result of your consultation for the good and defence of this Town in answer whereunto we thought good to send these few lines to intimate our thankfulnesse and withall our resolutions faithfully to adhere and joyne with you for the preservation of this Town for King and Parliament and in pursuance of interest of the Parliament for the prosperity of this Kingdome against the Forces now under the Command of the Lord Goring or Sir Charles Lucas now in or about Colchester and upon this resolution we are ready to adventure both our lives and Estates desiring that upon any emergent occasion you will be pleased to furnish us with such men and ammunition as may with convenience be spared by you and so we rest Your very loving Friends Robert Pascall Jo. Hunter Roger Coleman Richard Hankin May it please your Excellencie VVE whose names are subscribed being Inhabitants in the Towne of Manningtree have intercepted a letter which was sent from Master Robert Veysey to his wife and a Warrant to the high Constable we keep the Originals and have sent you a true Copy of them as is our duty that your Excellency may deale and proceed therein as in your wisdome you shall think fit and remaine in all humblenesse praying for your health and safety with good and prosperous successe in Gods cause Your humble Servants To command Joseph Burnish Henry Hayes John Micklefield Nicholas Wollvet Edward Chauntrellers Manningtree the 15th of June 1648. Deare Heart MY Love prefixt My Suite to thee is to further my ingagement under Sir Charles Lucas Generall of His Majesties Forces now at Colchester with such money and linnen as upon the suddaine may be provided for me and to send the same to me to my Cosen Buxstoves where I have quartered this two nights I earnestly desire thee not to be dismayed for we trust in God we shall be able to make good our cause against the fury of the enemy I cannot send thee the particulars of what hath happened since my coming forth I being now in haste to send for my souldiers that are gone home the next I hope shall give thee a full relation in the meant time committing thee and thine to the protection of the Almighty I remaine Thy loving Husband Robert Vesey Colchester 14th 1648. To my very loving Wife Mrs Anne Vesey Those present Mr. Taylor I Have received Order from the Right Honourable the Lord Norwich and Sir Charles Lueas Generall of His Majesties Forces now at Colchester do hereby straightly charge and command you forthwith upon sight hereof to issue out your Warrants to the Constables of every severall Parish within my division straightly charging them to warne all my trained souldiers to repaire with all speed to ingage in the Service against the Parliaments Forces and to let every souldier have foure dayes pay hereof faile not Colchester 14th 1648. Your loving Friend Robert Vesey My Lord I Am come hither with the Parliamenss forces to reduce those under your command to the obedience of the Parliament if your Lordship and those under you will instantly lay down your Armes there may be a prevention of much blood that is like to be spilt and the Town preserved from plunder and ruine the evill must lie upon you if you refuse I expect your present Answer and remaine Your Servant Tho. Fairfax Lexton Heath June 13th 1648. They sleighted this summons and the Earl of Norwich askt the Trumpeter how the Generall did telling him That he heard he was ill of the Gout but he would cure him of all diseases This scornefull Answer hath much enraged the Souldiers Afterwards upon a Letter from the Committee at Darby House concerning their ill usage of Sir William Massam c. His Excellencie wrote as followeth SIR I Vnderstand you have in custody Sir William Massam a Parliament man and some other Gentlemen prisoners I desire you to permit this Bearer to go and see in what condition they are and what necessaries they want that care may be taken for the supplying of them I have about five hundred prisoners of yours if you have any 〈◊〉 my Souldiers prisoners I desire to know the number and qualitie of them and shall send you as many in exchange which shall be performed by me Thomas Fairfax For the Commander in chief of the forces in Colchester these Yesterday there came this ensuing letter to his Excellencie viz. My Lord WE desire you will by this Trumpeter send us a List of all those Gentlemen Officers and Souldiers of our partie and under our Command that are now Prisoners in your Army we shall upon the like occasion shew the same respect to you and we desire this Trumpeter may speak with the best of qualitie of our Prisoners to let them know our endeavours for their inlargement we have detained your Trumpeter longer by reason our hourly motion and action My Lord we rest