Upon the return of the said messengers with the Lord Fairfax’s terms, the Lord Goring, &c., sent out a letter declaring they would die with their swords in their hands rather than yield without quarter for life, and sent a paper of articles on which they were willing to surrender. But in the very interim of this treaty news came that the Scots army, under Duke Hamilton, which was entered into Lancashire, and was joined by the Royalists in that country, making 21,000 men, were entirely defeated. After this the Lord Fairfax would not grant any abatement of articles—viz., to have all above lieutenants surrender at mercy. Upon this the Lord Goring and the General refused to submit again, and proposed a general sally, and to break through or die, but found upon preparing for it that the soldiers, who had their lives offered them, declined it, fearing the gentlemen would escape, and they should be left to the mercy of the Parliament soldiers; and that upon this they began to mutiny and talk of surrendering the town and their officers too. Things being brought to this pass, the Lords and General laid aside that design, and found themselves obliged to submit; and so the town was surrendered the 28th of August, 1648, upon conditions as follows:— The Lords and gentlemen all prisoners at mercy. The common soldiers had passes to go home to their several dwellings, but without arms, and an oath not to serve against the Parliament. The town to be preserved from pillage, paying £14,000 ready money. The same day a council of war being called about the prisoners of war, it was resolved that the Lords should be left to the disposal of the Parliament. That Sir Charles Lucas, Sir George Lisle, and Sir Marmaduke Gascoigne should be shot to death, and the other officers prisoners to remain in custody till further order. The two first of the three gentlemen were shot to death, and the third respited. Thus ended the siege of Colchester. N.B.—Notwithstanding the number killed in the siege, and dead of the flux, and other distempers occasioned by bad diet, which were very many, and notwithstanding the number which deserted and escaped in the time of their hardships, yet there remained at the time of the surrender: Earl of Norwich (Goring). Lord Capell. Lord Loughbro’. 11 Knights. 9 Colonels. 8 Lieut.-Colonels. 9 Majors. 30 Captains. 72 Lieutenants. 69 Ensigns. 183 Serjeants and Corporals. 3,067 Private Soldiers. 65 Servants to the Lords and General Officers and Gentlemen. 3,526 in all.