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. This text is an enriched version of the TCP digital transcription A93369 of text R203581 in the English Short Title Catalog (Thomason E472_25). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 31 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A93369 Wing S4094 Thomason E472_25 ESTC R203581 99863497 99863497 115701 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A93369) Transcribed from: (Early English Books Online ; image set 115701) Images scanned from microfilm: (Thomason Tracts ; 75:E472[25]) 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. [4], 10, [2] p. Printed for a general satisfaction, London : MDCXLVIII. [1648] The last leaf contains the petition of John Smith. Annotation on Thomason copy: "Nouemb: 20th.". Reproduction of the original in the British Library. eng Rainborow, Thomas, d. 1648. Smith, John, -- Captain. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Pontefract (England) -- History -- Siege, 1645 -- Early works to 1800. A93369 R203581 (Thomason E472_25). civilwar no The innocent cleared: or, The vindication of Captaine John Smith, Capt. Lieutenant under Colonell Rainsborough.: Against those false aspers Smith, John, Captain, lieutenant under Col. Rainsborough 1648 5971 1 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion 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 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 the contrarie , I immediately desired of God to direct me what course to take ; as for friends , I had very few in Towne , or none at all : and that he would further be pleased , to strengthen me against the feare of mans power , or what ever they could doe unto me ; and that he would direct me in what ever I did undertake in this businesse . Having called upon God in this manner for about halfe an houre , it was clearely discovered to me , that my adversaries did privately seek my life , and as it were all at once the meanes and way was set before me for my escape ; questioning not , but that God would in time vindicate me , although that for the present hee gave them libertie to open their mouthes against me ; which , indeed , they have done to the full . But this I know , that when the measure of hypocrites hypocrisie and wickednesse is at the full , then is their destruction nigh at hand . About three of the clock , next morning , being the ninth of November , I attempted my escape , and went away without any difficultie , or the least discoverie ; and am now far enough from the reach of their tyrannie , who thirsted after my life . I am not ignorant , how mine adversaries have set my Name forth in Print , to make me odious to the world : A poore Revenge , and a poore Accusation , to say , That I was in a Whore-house when my Colonel was slaine . Truly , if it were a Whore-house , it was more then I knew on , or ever did discover , in the time whilest I knew the house . I suppose , that those who raysed that language on me , were better acquainted with Whores , and such houses , then I ever was ; or their actings in that house , made them so to stile the house . For my part , I never did any thing in that house but what I did not care if all the world might know ; neither went I ever to that house without honest companie , and with Gentlemen so civill , whose mindes beare a hatred to any such actions . And as for my being there that night when my Colonel was slaine , you have at large heard the truth , and the occasion of it . Truly , I had thought that the Moderate Intelligencer had bin so moderate a man , that he would not have so much wronged his Title as now he hath done , by being so rash , as to Print me so odious to the world , before he had knowne the truth . Sirrah , I suppose if thou hadst knowne me , thou wouldst not have bin so unadvised : but prethee take notice by the way , that I am a Gentleman borne and bred , and did in they yeare 1643 receive Commission from the Earle of Essex , then Lord Generall , as Captaine of Horse , and have for the Kingdomes freedome raysed two severall Troupes of Horse , without any charge or trouble to the Parliament , or Country : and further take notice , that I never had any correspondence with any enemie that ever opposed the Parliament , or Armies : and further take notice , that I never acted the part of a Coward , but have shewed my selfe where thou never didst , nor durst ; not for any of mine owne ends in the least , but really to serve the Kingdome . And as for thy Author , I shall desire all the Armie and Kingdome to take notice . That upon the storming of Maydstone in Kent , when he should have led on his men to the Gate of the Towne , he puts a Serjeant of mine to lead on the Regiment , and falls back himselfe into the Reare , or some place that was more safe for him . This Serjeant is a Gentleman , who is somewhat allyed to me by kinne , who like a valiant souldier ran on violently to the Gate of the Towne , and with maine force , with some small helpe , got passage cleare for the whole Regiment to follow him , and beating downe before him all that opposed , was the first that got into the Church : and there taking a very good Horse , which stood readie for him , when he had him in his possession , as a free Prize , this Major Wylkes comes in , and by violence , with the assistance of some that were with him , takes away the Horse from the right owner , and hath it at this time , and most commonly rides on him : You may know the Nag by his colour ; it is a Sorrell Chestnut-coloured Nag , about fifteene or sixteene hands high , his Crest being very high . But to let that passe , this Major mindes his Horse more then fighting , and that Gentleman , Serjeant Stevens , mindes his fighting , or his businesse , more then his Horse : He immediately ascends the Tower , or Steeple of the Church , where he findes eight of the enemie ; he being all alone , yet sets on them , and overcomes them , and brings them all downe prisoners before him . Now by the way pray take notice , that before any part of the Body ingaged against the Towne , I was commanded with a small partie of Muskettiers to fall on Iome Boats which were attempting to land against the left wing of the Armie ; and when that by the providence we had overcome them , and taken many of them prisoners , I sent this Gentleman , Serjeant Stevens , for further Orders , and to acquaint Colonel Barkstead of what was done ▪ but this Major , as you have heard at large , imployes him to doe the businesse which he should have done himselfe . But 't was most strange to heare , after that the fight was over , how this Major did attribute this Gentlemans valour to himselfe ; indeed , 't is the part of Cowards to brag . Well , to proceed : From thence comming to Colchester , it was the pleasure of the Lord Generall , that our Regiment should make the first attempt on the East side of the Towne , called East street , or East Bridge , which was gayned ; but I am sure , the Taylor was not seene till the time of gaining of it , or at least never ingaged in that businesse : indeed , that truly valiant and religious Lieutenant Colonel Shambrooke shewed himselfe very gallant in that businesse . But about a fortnight after that we were possest of the East street , the enemie made a violent attempt upon our Regiment , we having two severall Guards upon both sides of the Bridge , of about sixtie men apiece ; one of those Guards was commanded by that worthie Gentleman , Captaine Walker , who most valiantly fought with the enemie , and made good his Retreat unto the Body of the Regiment : but the other Guard , being commanded by one Lieutenant Tomson , then Lieutenant to Lieutenant Colonel Shambrooke , who was taken asleepe on his Guard , and most of his men , many of his men being at nine Holes , and at Cards : by whose carelesnesse all may judge , the Lieutenant Colonel was then slaine ; but this Lieutenant was never questioned in the least for his carelesnesse . But to proceed , the enemie advanced ; which frightned the Countrie forces so much , that they left a very considerable Guard , called the Turne-Pike , and never shot one shot ; which encouraged the enemie to advance upon our Regiment , it being then the forlorne Regiment : we being then but five Companies , were inforced to stand the burnt of the fight ; but the Taylor , Major 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 .