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A93369 The innocent cleared: or, The vindication of Captaine John Smith, Capt. Lieutenant under Colonell Rainsborough. Against those false aspersions raised against him by one Major Wylkes: who most falsly, and without any grounds or proofe, hath accused him for being accessary to the death of Colonell Rainsborough. Whereunto are annexed two severall petitions; the one unto the High Court of Parliament, and the other unto the Lord Generall. Wherein he desires to answer for himselfe face to face in the presence of his accusers. Amsterdam, November 13th 1648. Smith, John, Captain, lieutenant under Col. Rainsborough. 1648 (1648) Wing S4094; Thomason E472_25; ESTC R203581 10,475 15

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THE Innocent cleared OR The Vindication of Captaine John Smith Capt. Lieutenant under Colonell RAINSBOROVGH Against those false Aspersions raised against him by one Major Wylkes Who most falsly and without any grounds or proofe hath accused him for being accessary to the death of Colonell Rainsborough Whereunto are annexed two severall Petitions The one unto the High Court of Parliament and the other unto the Lord Generall Wherein he desires to answer for himselfe face to face in the presence of his Accusers Amsterdam November 13th 1648. LONDON Printed for a generall satisfaction MDCXLVIII To the Free-borne People OF England My deare friends and Fellow-Commoners of England IT cannot but make sad the hearts of all English men that rightly understand or know their owne liberty whereunto they were borne and have just right and propriety to considering how great paines and charges hath been extended toward the regaining of our lost freedome and what an infinite of lives and bloud have been lost and spilt for the gaining of the same and what small fruits are as yet enjoyed indeed In stead of a freedome sought for and expected to be enjoyed we now enjoy nothing but tyranny and oppression in the highest nature and from whom flowes cruelty more from then from those who would have the world to beleeve that they only are the people that aime at purity of Religion and the freedome of the Subject and alas they must needs act contrary 'T is most certaine that all hypocrites shall be made knowne even their owne wayes and doings shall discover them Who would have thought that such a one as Major Wylkes who can take upon him to preach and as he would have the world to beleeve preach the mind of God Certainly God goes contrary to his Word if he dwell in an hypocrites heart as this Major hath plainly discovered himselfe to be For deare friends pray take notice that this man never could nor did reprove me of any one fault but privately went about to take away my life and good name and if this be the acting of those in whom God doth dwell then the Word of God must needs be a lye I shall speake no more at this present but shall refer you and all that know me to what followes in the ensuing discourse And when you have weighed in the right ballance of juctice then censure of me as you please The just and righteous Iudge judge between me and those mine adversaries And if it be his will looke in mercy upon this miserable Kingdome of England in relieving it from tyranny and oppression which is the constant prayer of him who is deare friends Yours to stand for truth equity and justice till death Iohn Smith Amsterdam Nov. 13. 1648. The Vindication of Captain Iohn Smith c. Dear Friends IT was the will and pleasure of the Lord Generall to give me the Command of the company which was once Collonel Tichburnhams Coll. Needham being then Elected Collonel of the said Regiment to whom I remained Captain Lieutenant untill he was slain After him succeeded Coll. Raynsborough to whom I remained in the same Command and being in Yorkshire at a town called Doncaster within ten miles of Pontefract Castle It was the Collonels pleasure that there should be a guard kept in the town and for that service he did allot his own company and one Captain Grays company for that service and for the ease of the said two companies he ordered that his own company should be divided into two divisions the one half to watch one night and the other half the other night and Captain Grays the third night Upon the 28. of Octob. 1648. it was my lot to have the guard with eight files of men about six of these files armed men with pike and musket and of these six files of arms not above four files that had their arms fixt and out of these eight files of men I was to make good five several guards and to these severall guards was not allowed above five shots of powder and bullet and not match that continued till the morn the ammunition was in the custody of the Major Wylkes who had the ordering of it and would not deliver any more as the corporal who went for it told me about four of the clock in the after noon being the 28 of Octob I mounted the guard with these few men and equally divided them to their severall guards and continued with them till t was nigh about nine or ten of the clock in the evening going from guard to guard at what time I was very ill as many of the severall guards can testifie there was with me when I was so ill one Master Wats and one Master Flexney a corporall to my Coll. company and my man they finding me so ill did perswade me to go into some house to a fier the Hinde being an Inne that once or twice before I had drank in and being nigh to it we went in all together into that house for my part God knows my heart that I write nothing but the truth and I really professe before all the world that I knew not the house any otherwise then any other Inne that a man might go into upon his journey when he comes into a town that he knows not nor was ever in before For my part I was never in that town before our Regiment came thither neither had I been in three houses in the town before and went to no house without lawfull occasion Well being at this house and having a fier made for me I remained by it about an hour being still worse and worse so finding my self not able to continue up all night I sent my man immediately to my Coll. eldest serjeant who was to continue with me all night upon the main guard for my assistant with expresse command and charge that he should have a speciall care of the severall guards that night and likewise sent him word of my being not well which command by his own confession was delivered unto him and as far as I know no lesse observed as soon as the messenger returned and had told me the serjeants answer which was that he would be as carefull as I if were present I went to a chamber and the two other Gentlemen with me and also my man and we all lay down upon two severall beds in one chamber In the morning I found my self reasonable well and did arise at the beating of the drum it being the time of the travally which was betwixt seven and eight of the clock with a reall intent to have visited the severall guards but as soon as I was going down the stairs I heard a great noyse of horses and men so immediately conceiving them to be an enemy by the noyse that they made and hearing them cry out for the King for the King I calld to those that were with me in the chamber and told them that sure the enemy was in the
Wylkes even like a man readie to give up the ghost and knowing not what to doe he and many of his confederates of his owne Trade who were Officers in the same Regiment get them into the hedges and there couch like the trembling Hare whilest Captaine Walker Captaine Price Captaine Tomlins and my selfe drew downe our men into the mouthes of the enemie and by the assistance of a small partie of Horse through Gods mercie we overcame them as no question but you have heard at large before now but I suppose you never heard of our Taylors valour till now who all the whiles we and our men were ingaged lay close in a hedge Well having now told you of this vallant Gentlemans valour at two severall fights as at Maydstone and at Colchester I will now tell you of his courage and most desperate valour at Doncaster The enemie being in the Towne of Doncaster and comming with a pretended Letter from the Lieutenant Generall to Colonel Raynsborough as they pretended before that ever the Colonel was toucht this Major by his owne confession in my hearing and in the hearing of divers others said that he lockt himself up into his chamber and did not stir untill that the enemy were all gone out of the town Pray take notice further that this Major lay not far from the Col. quarters and hard by the main guard which if he had done as a souldier might through Gods assistance given such an alarum as might have protected our Colonels life He being dead and slain by the enemy I must be accessary to his death because that the good Gentleman would have it so and must be accused to the two Houses of Parliament and the Lord Generall so to be upon his bare word and so put in print to the view of the whole world and my life must be disposed of for I know not what T is to be admired how privately my life was sought after but the good God having delivered me forth out of their hands I question not but that he will make me to appear clear to all the world and free from any such aspersion as is laid to my charge And although that they have caused Ballads and Songs to be made of me and sung up and down London streets Yet this I know that the rod of the wicked shall not alwayes rest on the back of the righteous and though they may drive from England yet they shall never drive me from that God which hath protected me hitherto neither will the providence ever the sooner leave me I could not have beleeved it but that by experience I feel and see that those who have as they say fought for the subjects liberty had been such private tyrants as now they have approved themselves to be Well to conclude I shall desire all that reade this booke thorowly to weigh my condition and justly to weigh all proceedings against me in the right ballance But is it not a very sad thing that a mans good name shall be taken away for a bare report or a bare letter written from one that hath a long time bore me a private grudge and sought by all the means possible that he could invent to have me cashier'd out of the Regiment and now would have nothing but my life for what reason the Lord knows I am altogether ignorant I am sure as for being guilty of Col. Raynsboroughs death I am as clear from it as the childe that is unborn I suppose that the Moderate intelligencer and those that have written against me shall discharge a very good conscience to recall what they have written against me as in relation of being accessary to my Collonels death or using any whore-houses What I have written in the defence of my self or in impeaching Major Wylkes for being a coward I shall when time serves produce more witnesses then will be desired I have spent all my time ever since the beginning of Englands wars in the defence of this Parliament and have undone my selfe and my friends for my too much forwardnesse in this service But never did I receive any more then two moneths pay as Captain since I first received my Commission from the Lord Generall Earl of Essex And now upon a bare false accusation must be cast into prison and be condemned to be shot being never brought to any tryall And can any moderate man condemn me for making my escape And now as far as I know for satisfaction for my dear yearnd pay and charges that I have been at for the service of this Kingdom must for ever be banisht the Kingdom But before I will give up the ghost I shall proceed by way of Petition unto the Houses of Parliament and to the Lord Generall not knowing but that God may work on their hearts to clear up this false accusation and lay it on the back of the right horse And further before I shall conclude I shall refer all those that know me not to some particular worthy Gentlemen of this Kingdom who have known my carriage for a long time and doe know my birth and breeding As First Unto my Lord Roberts who is neer of kin unto me Also to Master Smith one of the House of Commons and one of the six Clearks who is alied to me also by kin As also to Sir Edward Hungerford Sir Francis Piles and to Col. Ludlow Esquire I could nominate many in the City of London and likewise many worthy Gentlemen in the Armie But these are sufficient FINIS To the Honorable the Lords and Commons Assembled in the High Court of Parliament The humble Petition of Iohn Smith Captain Humbly sheweth THat whereas your Petitioner from the beginning of this Parliament hath continued faithfull for the defence thereof laying aside all private ends and by respects and soly putting himself forth to his utmost power and ability for the procurement of the Kingdoms freedom And for that purpose hath raised two severall Troops of Horse One under the command of Colonel Ludlow and the other under the command of Col. Henry Martin And since the last rising in Kent and Essex hath continued as Captain Lieu. to the Colonels company being in the Regiment that was some times belonging to the town And now of late hath been most falsely accused by one Major Wylkes for being accessary to the death of Col. Raynsborough Therefore your Petitioner doth most humbly pray that he may have free liberty to come to a legall tryall without being surprised being of late most illegally dealt withall which inforc'd your Petitioner to make his escape And he doth further pray that he may have some time of warning to appear he being at present a good distance from England and further he prayeth that all those that have any thing to say against your Petitioner as in relation to Colonel Raynsborough's death may have warning to appear and speak face to face And your Petitioner shall ever pray c. To his Excellency the Lord Fairfax Lord Generall of all the forces within the Kingdom of England and dominion of Wales The humble Petition of Iohn Smith Captain Humbly sheweth THat your Petitioner being Captain Lieu. to Col. Raynsborough did really intend upon the death of his Colonel to have appealed unto your Excellency to have cleared himself from those false calumnies raised by Major Wylkes and some others that your Petitioner should be guilty of the death of his Colonel But your Petitioner being surprised by the Serjeant at Arms deputy with a warrant from the House and being deteined in his custody without knowing the just reason or grounds of your Petitioners deteinment Your Petitioner did make bold to present unto your Excellency a Petition by the hands of Colonel Harrison but before any answer came from your Excellency your Petitioner was informed that the House of Commons had past sentence of death on me which caused your Petitioner to make his escape it being as I conceived more lawfull for me to make my escape then it was for them to condemn me not knowing why nor bringing your Petitioner to any tryall May it therefore please your Excellency to grant that your Petitioner may have the freedom to come to a legall tryall without any interruption And that your Petitioners adversaries may appear face to face to object and prove what they have against your Petitiner where ever it shall please your Excellency or the Parliament to order And your Petitioner shall ever pray c. FINIS