But here it is fit to say something for my own vindication about my Lord Capel, Sir Charles Lucas, and Sir George Lisle; who were prisoners at mercy upon the rendition of Colchester: seeing some have questioned the just performance of those Articles [of Surrender].
I (having laid siege to the town, and several assaults being made upon it) finding their forces within [to be] much more numerous than those I had without, forced me to take another course: blocking them up; and so, by cutting off all supplies, to bring them to a surrender. Which, after [a] four months' siege, they were necessitated to; and that upon mercy: they being between 3,000 and 4,000 men.
Now by Delivering upon mercy is to be understood, that some are to suffer, and the rest to go free.
So those forementioned persons only were to suffer; and all the rest freed.
So immediately after our entrance into the town [on 26th August 1648], a Council of War being called; those persons were sentenced to die, the rest to be quit.
Yet, on they being so resolved, I thought fit to manumit the Lord Capel, the Lord Norwich, &c. over to the Parliament (being the Civil Judicature of the Kingdom, consisting then of Lords and Commons) as the most proper Judges of their cases: being considerable for estates and families.
But Sir Charles Lucas and Sir George Lisle being mere Soldiers of Fortune; and falling into our hands by the chance of war, execution was done upon them. And in this distribution of Justice I did nothing but according to my Commission, and the trust reposed in me.
But it may be objected that I went into the Court during the Trial.
To this, I answer. It was upon the earnest entreaties of my Lord Capel's friends; who desired me to explain there, what I meant by Surrendering to mercy: otherwise I had not gone, being always unsatisfied with the Court.