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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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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
town so we all at once ran immediately down to the gate and before that we got down they were past by over the bridge But conceiving that the guard which was at the end of the bridge would have stopt them I immediately ran after them but before that I could gain the sight of the guard they had seased on the guard and taken away the corporall of the guard and two souldiers which two souldiers they stript and sent back again but the corporall they carried away with them and finding that there was no good to be done against them without some horse which we had not any I indeavoured to make good that guard doubting that there might be more of them in the town or that those which were gone might fall back again and staying there a while one brought news that the Collonel was slain by those which past away at this guard So not hearing of any more of them in town I immediately went back to the town where I found it to be so After that I had caused all my company to stand to their arms which were from the guards and had marcht a whiles about the town in a posture of defence and finding no opposition I divided the whole company to the severall guards and then went to Major Wylkes who told me that I was accessary to the Collonels death which accusation seemed very strange to me but I told him that he nor no other could make his words good he told me that he would make it good So I left him and about ten or eleven of the clock a friend came to me and told me that the Major did intend to lay me fast and for that purpose had written unto the Lieu. General So from that time I began to consider with my self that it were better for me to fall into the hands of the Lord Generall and appeal to him rather then to submit my self a prisoner to one who could never abide me nor never bore me any good will So from that time I began to prepare my self for to go unto the Lord Generall and the next day being the 30. of October gave strict charge and command to the Officers of my company to have a speciall care of the company in keeping of them together untill my return and told them that I was minded to go unto the Lord Generall about the death of my Collonel and did likewise write a letter to the Major certifying as much and that I would return again as soon as conveniently I could and so took my journey from Doncaster and really intended to go first unto Saint Albones the head-quarters but before that I could gain it by forty miles my money was almost all spent and would not hold out to bring me thither so was forc'd to make use of my old quarters by the way several times and minded for London but my horse proved so weak and the wayes so bad that I could not gain London till it was the fourth of Nov. by the evening where I continued till the next day at night fully resolving to go to the head-quarters to acquaint the Generall of the carriage of the businesse and to have gotten liberty for some time to have sent about my occasions having never been from the company one day before since I came to the command of them But the next morning being the sixth day at one of the clock in the morning being a bed there came the Serjeant at Arms deputy whom I permitted to come into my chamber who told me that one Major Wylkes had accused me for being accessary to the death of Col. Raynsborough and that I must answer it before the two Houses of Parliament in the morning I told him that I should be ready to answer any thing that should be proved against me Then he demanded how he might be sure of me in the mean time one M. Warder who lived in the house presently past his word for me so the Serjeant at Arms deputy immediately departed And in the morning about nine of the clock he came again and produced his warrant which was that he should apprehend me where ever he found me and all Justices of the peace and other Officers were thereby willed to assist him shewing no cause why nor wherefore and that I should be detained in his custody to answer what should be objected against me I knew not when but rather then I would be troublesome I submitted to the tyrannicall order and so went with him to the Bell-savage below Ludgate where I remained till night having the door lockt on me indeed admitting any one to come and see me that would But at night news was brought me that all company must be debard me and likewise pen ink and paper This order as was told me was ordered by the House which was indevoured but not so strictly as I did expect The next day a Gentleman one Captain Stevens and his Wife and with him a friend and his wife sent in a joynt of mutton to sup with me and my wife But before supper I understood that Master Burr the Serjeant at Arms deputy was in the house whom I immediately sent for up to sup with us and likewise the man of the house who both came up So I demanded of Master Burr whether I should appeare before the House or the Lord Generall to whom the day before being the seventh of November I sent the full relation of my Colonels death as farre as I knew and with it a Petition for my inlargement who answered me That he did believe that if the House should call me before them they would referre me to a Councell of Warre I answered him That I could wish I were at the head Quarters and had beene there before then if not so prevented Being at Supper all together the companie were very chearfull and merry but my Wife and my selfe sat very sad and with much disquieted mindes not knowing but that my innocencie would be made use of by mine adversaries to the taking away of my life About ten of the clock the companie all parted and my Wife and I went to Bed but did sleepe very unquietly In the morning there was a friend who sent me word that the House had taken me into consideration and had past Sentence on me That I should be shot and withall advised me to make my escape with all convenient speed This appeared as usually the messengers of death doth appeare to some truly it did but little take upon me But that which troubled me was that I should be so blockish as to submit to such a Tyrannicall Warrant and that I should be cast into Prison and condemned not knowing why nor wherefore nor receiving any Tryall at all And I conceived further that those that tooke upon them to be such Tyrants as to surprize a man by such an Order might by the same Power take away my life Well hearing this newes and knowing nothing to