HAving hitherto acted the duty of Soul­diers and Gentlemen, we must ac­knowledge the truth of what is intimated by your Lordship, that there is a great alte­ration between our conditions and yours since the first overture of a treaty, wherefore according to your Lordships admission, we have sent Sir WILLIAM COMPTON, Sir ABRAHAM SHIPMAN, Colonell HAMOND, Colonell TUKE, and Colo­nell AYLOFF, to treat and conclude upon the circumstances necessary for the clearing, and orderly performance of that which your Lordship by your last hath offred, we bei [...] [Page] resolved to commit our selves your Lord­ships prisoners,

According to your Lordships desire, we have sent you the Committee.

ALthough the Earle of Norwich, the Lord Capell, Sir Charles Lu­cas and the rest of the Officers in Col­chester at the concluding so long a Siege, had the height of spirit to de­mand very high conditions on Friday and Saturday, yet as breathing their last in this their desperate condition, [Page] they now condescend to lower termes then was once offered them, for when our Army came first against the town the Lord-General tendred conditions not onely very good to the private souldiers, but that all Officers under the degree of a Captaine, should have liberty to march away; but since they have shewed so much obstinacy such conditions were refused to be given them, they have now submitted to sorrender the said town with all the Forts, Ordnance, &c. to his Excellen­cy the L. Gen. Fairfax, and such as he shall appoint upon cerraine Articles: the heads of which do here follow.

• Jmprimis, That the E. of Norwich, the L. Goring, the L. Capell, the Lord Loughborough, Sir Charles Lucas, Colonell Lunsford, and the rest of the Commanders and Officers in the said town of Colchester above the degree of a [Page] Corporall shall on Munday at 4. of the clocke in the afternoon being the 28. of this instant August, become prisoners of war at mercy to his Excellency the Lord Fairfax.
• 2. That all the Ordnance, Arms, and Ammunition in the said Towne shall be delivered up to such as his Excellency shall appoint to receive the same at the time aforesaid, except such single Armes as the private souldiers march a mile out of town with, where they are to lay down their Arms and receive passes to go to their homes, with an ingagement to sub­mit to Ordinances of Parliament.
• 3. That the Committee-men and such Officers and Souldiers as they had in the Town of the Parliaments party should be set at libertie without any further pre­judice to their persons.
• 4. That the Jnhabitants of the town should be freed from plunder & violence.
• [Page] 5. That Hostages be delivered for the performance of the Articles, and the Lord Fairfax his men are to march into the Town as the others march out.

In the town are above tweenty pieces of Ordnance, five thousand arms, and ammunition; thus blessed be God, you see how it hath pleased GodJto disperse those many clouds of danger which hung over the heads of the Parliament, and whole Kingdome; for what day hath passed for six or seven daies together, that hath not produced intelligence of some extraor­dinary successe? as to instance some of them, first, the regaining of Tinmouth Castle after the Governour had revolted. Secondly, the routing of the Prince his for­ces landed neer Deale by Col. Rich. Thirdly, the ta­king of Sir Henry Lingen, & dissipating all his strength which would ere this have swelled into a great body, if they had not been dispersed in the nick of time. Fourthly, that most eminent & remarkable victory obtained by Lievt. Gen. Cromwell. Fifthly, the taking of this towne of Colchester, whose standing out thus long was the glory (or rather matter of boast) of the malignant partie. Lastly, the ta­king of Duke Hamilton & 3000. & 500. horse & arms by Ma­jor-Gen. Lambert, and the L. Grey, the particulars whereof are further set down in this insuing Letter,

From the Leaguer, Aug. 28. 1648.

I Can now give you a full account of the utter o­verthrow of that part of the Scots Army which fled Southwards, with Duke Hamilton, which were at their marching over Chester above four thousand, and beside what the County had gleaned of them in their march to Utcester, they were not lesse then [Page] 3500. which being surrounded by the County on Thursday last, came up the Lord Grey of Groby and Major Generall Lambert, they beset the towne, the Duke sued for conditions (having put himselfe into the protection of the Maior of the said towne of Ut­cester) but his condition suited not to granting of his desires; So the Lord Grey with his Leicestershire horse, and Major Generall Lambert with the forces he brought with him out of the North (all well mounted and as resolved as any,) fell in upon the Scots at both ends of the towne, and at their first approach gave fire at some distance, which the Scots answered not but by submission, yeilding themselves prisoners, Colonell Wait a Member of the House of Commons had the honour to take the Duke him­selfe prisoner, and had his sword and skarfe; The Lord of Traquaire and his Sonne, as also Sir Marma­duke Langdale and eight other Commanders were formerly taken, & we hear that 17. of the Scots Lords are taken since they were routed. And at this time (besides the Duke) was taken 7. Colonells divers Lords, about 3. Lieutenant Colonells, 20. Captaines 100. other Officers about 20. Collours 3500. horse and as many prisoners, their horse were exceedingly tired, and the riders (for the most part very poor fel­lowes) having little money or cloathes except what they got since they came into England, neither had their Commanders much money about them, or in their portmantles: six of the Dukes Waggons, in which was thought to be their onely treasure were taken by the County before they came to Utcester; The Duke is in the custody of the Lord Grey, the Colonells, other Officers ond private Souldiers car­ried some to Leicester, some to Nottingham, and o­ther places for safety. 300. of them are brought to this towne.

Stafford 26. August 1648.