THE Innocent cleared: OR, The Vindication of captain John Smith, Capt. Lieutenant under colonel Rainsborough.  
Against those false Aspersions raised against him by one Major Wylkes: Who most falsely, and without any grounds or proof, hath accused him for being accessary to the death of colonel Rainsborough.  
Whereunto are annexed two several Petitions; The one unto the High Court of Parliament, and the other unto the Lord general. Wherein he desires to answer for himself face to face in the presence of his Accusers. Amsterdam, November 13th 1648.  
LONDON, Printed for a general satisfaction. MDCXLVIII.   

To the freeborn People OF England.  
My dear friends and Fellow-Commoners of England:  
IT cannot but make sad the hearts of all English men, that rightly understand or know their own liberty, whereunto they were borne, and have just right and propriety to, considering how great pains and charges hath been extended toward the regaining of our lost freedom; and what an infinite of lives and blood have been lost and spilled for the gaining of the same, and what small fruits are as yet enjoyed indeed: In stead of a freedom sought for, and expected to be enjoyed, we now enjoy nothing but tyranny and oppression in the highest nature; and from whom flows cruelty more from, then from those who would have the world to believe, that they only are the people that aim at purity of Religion, and the freedom of the Subject, and alas they must needs act contrary. 'Tis most certain, that all hypocrites shall be made known, even their own ways 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 believe, 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 himself to be; For dear 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, than the Word of God must needs be a lie. I shall speak no more at this present, but shall refer you, and all that know me, to what follows in the ensuing discourse. And when you have weighed in the right balance of juctice, than censure of me as you please. The just and righteous judge judge between me and those mine adversaries: And if it be his will, look in mercy upon this miserable kingdom of England, in relieving it from tyranny and oppression: which is the constant prayer of him who is dear friends,  
Yours to stand for truth, equity and justice, till death, John Smith. Amsterdam, Nov. 13. 1648.   

The Vindication of Captain John Smith, &c.  
Dear Friends,  
IT was the will and pleasure of the Lord general, to give me the Command of the company which was once colonel Tichburnhams, Coll. Needham being then Elected colonel of the said Regiment, to whom I remained Captain Lieutenant until 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 colonels pleasure, that there should be a guard kept in the town, and for that service he did allot his own company, and one Captain Gray's 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 fixed; and out of these eight files of men, I was to make good five several guards, and to these several 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 several guards, and continued with them till 'twas 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 several guards can testify; there was with me when I was so ill, one Master Wats, and one Master Flexney a corporal to my Coll. company, and my man, they finding me so ill, did persuade me to go into some house to a fire; the hind being an inn 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 profess before all the world, that I knew not the house any otherwise then any other inn 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 lawful occasion. Well, being at this house, and having a fire made for me, I remained by it about an hour, being still worse and worse; so finding myself not able to continue up all night, I sent my man immediately to my Coll. eldest sergeant, who was to continue with me all night upon the main guard, for my assistant, with express command and charge, that he should have a special care of the several 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 less observed; as soon as the messenger returned and had told me the sergeants answer, which was, that he would be as careful 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 several beds, in one chamber: In the morning I found myself 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 real intent to have visited the several guards; but as soon as I was going down the stairs, I heard a great noise of horses and men; so immediately conceiving them to be an enemy by the noise that they made, and hearing them cry out for the King, for the King, I called 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 stopped them, I immediately ran after them, but before that I could gain the sight of the guard, they had seized on the guard, and taken away the corporal of the guard, and two soldiers, which two soldiers they stripped and sent back again, but the corporal 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 endeavoured 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 colonel was slain by those which passed 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 Marched a while about the town in a posture of defence, and finding no opposition, I divided the whole company to the several guards, and then went to Major Wylkes, who told me that I was accessary to the colonels 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 myself, that it were better for me to fall into the hands of the Lord general, and appeal to him, rather than to submit myself a prisoner, to one who could never abide me, nor never bore me any good will: So from that time I began to prepare myself, for to go unto the Lord general, and the next day, being the 30. of October, gave strict charge and command to the Officers of my company, to have a special care of the company, in keeping of them together until my return; and told them, that I was minded to go unto the Lord general, about the death of my colonel, 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 Alban's the headquarters; 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 forced to make use of my old quarters, by the way several times, and minded for London, but my horse proved so weak, and the ways 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 headquarters to acquaint the general of the carriage of the business, 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 sergeant 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 sergeant 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, showing 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 than I would be troublesome, I submitted to the tyrannical order, and so went with him to the Bell-savage below Ludgate, where I remained till night, having the door locked 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 debarred me, and likewise pen ink and paper. This order as was told me, was ordered by the House, which was endeavoured, 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 joint of mutton to sup with me and my wife; But before supper, I understood that Master Burr the sergeant 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 appear before the House, or the Lord general; to whom the day before, being the seventh of November, I sent the full relation of my colonel's death, as far as I knew, and with it, a Petition for my enlargement? who answered me, That he did believe, that if the House should call me before them, they would refer me to a council of war: I answered him, That I could wish I were at the head Quarters; and had been there before then, if not so prevented. Being at Supper all together, the company were very cheerful and merry, but my Wife and myself sat very sad, and with much disquieted minds; not knowing, but that my innocency would be made use of by mine adversaries, to the taking away of my life. About ten of the clock the company all parted, and my Wife and I went to Bed, but did sleep 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 withal, advised me to make my escape with all convenient speed. This appeared, as usually the messengers of death doth appear 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 tyrannical Warrant, and that I should be cast into Prison, and condemned, not knowing why, nor wherefore, nor receiving any trial at all: And I conceived further, that those that took upon them to be such Tyrants, as to surprise a man by such an Order, might by the same Power take away my life.  
Well, hearing this news, and knowing nothing to the contrary, I immediately desired of God to direct me what course to take; as for friends, I had very few in town, or none at all: and that he would further be pleased, to strengthen me against the fear of man's power, or what ever they could do unto me; and that he would direct me in what ever I did undertake in this business. Having called upon God in this manner for about half an hour, it was clearly discovered to me, that my adversaries did privately seek my life, and as it were all at once the means and way was set before me for my escape; questioning not, but that God would in time vindicate me, although that for the present he gave them liberty to open their mouths against me; which, indeed, they have done to the full. But this I know, that when the measure of hypocrites hypocrisy and wickedness 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 difficulty, or the least discovery; and am now far enough from the reach of their tyranny, 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 poor Revenge, and a poor Accusation, to say, That I was in a Whore-house when my Colonel was slain. Truly, if it were a Whore-house, it was more than I knew on, or ever did discover, in the time whilst I knew the house. I suppose, that those who raised that language on me, were better acquainted with Whores, and such houses, than I ever was; or their actings in that house, made them so to style 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 company, and with Gentlemen so civil, whose minds bear a hatred to any such actions. And as for my being there that night when my Colonel was slain, you have at large heard the truth, and the occasion of it.  
Truly, I had thought that the Moderate Intelligencer had been 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 known the truth. Sirrah, I suppose if thou hadst known me, thou wouldst not have been so unadvised: but prithee take notice by the way, that I am a Gentleman borne and bred, and did in they year 1643 receive Commission from the Earl of Essex, than Lord general, as captain of Horse, and have for the kingdom's freedom raised two several troops of Horse, without any charge or trouble to the Parliament, or Country: and further take notice, that I never had any correspondence with any enemy that ever opposed the Parliament, or Armies: and further take notice, that I never acted the part of a Coward, but have showed myself where thou never didst, nor durst; not for any of mine own ends in the least, but really to serve the kingdom. And as for thy Author, I shall desire all the army and kingdom to take notice. That upon the storming of Maydstone in Kent, when he should have led on his men to the Gate of the town, he puts a sergeant of mine to lead on the Regiment, and falls back himself into the rear, or some place that was more safe for him. This sergeant is a Gentleman, who is somewhat allied to me by kin, who like a valiant soldier ran on violently to the Gate of the town, and with main force, with some small help, got passage clear for the whole Regiment to follow him, and beating down before him all that opposed, was the first that got into the Church: and there taking a very good Horse, which stood ready 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 sorrel Chestnut-coloured Nag, about fifteen or sixteen hands high, his Crest being very high.  
But to let that pass, this Major minds his Horse more than fighting, and that Gentleman, sergeant Stevens, minds his fighting, or his business, more than his Horse: He immediately ascends the Tower, or Steeple of the Church, where he finds eight of the enemy; he being all alone, yet sets on them, and overcomes them, and brings them all down prisoners before him.  
Now by the way pray take notice, that before any part of the Body engaged against the town, I was commanded with a small party of musketeers to fall on jome Boats which were attempting to land against the left wing of the army; and when that by the providence we had overcome them, and taken many of them prisoners, I sent this Gentleman, sergeant Stevens, for further Orders, and to acquaint Colonel Barkstead of what was done▪ but this Major, as you have heard at large, employs him to do the business which he should have done himself. But 'twas most strange to hear, after that the fight was over, how this Major did attribute this gentleman's valour to himself; indeed, 'tis the part of Cowards to brag.  
Well, to proceed: From thence coming to Colchester, it was the pleasure of the Lord general, that our Regiment should make the first attempt on the East side of the town, called East street, or East Bridge, which was gained; but I am sure, the tailor was not seen till the time of gaining of it, or at least never engaged in that business: indeed, that truly valiant and religious Lieutenant Colonel Shambrooke showed himself very gallant in that business.  
But about a fortnight after that we were possessed of the East street, the enemy made a violent attempt upon our Regiment, we having two several Guards upon both sides of the Bridge, of about sixty men apiece; one of those Guards was commanded by that worthy Gentleman, captain Walker, who most valiantly fought with the enemy, and made good his Retreat unto the Body of the Regiment: but the other Guard, being commanded by one Lieutenant Tomson, than Lieutenant to Lieutenant Colonel Shambrooke, who was taken asleep on his Guard, and most of his men, many of his men being at nine Holes, and at Cards: by whose carelessness all may judge, the Lieutenant Colonel was then slain; but this Lieutenant was never questioned in the least for his carelessness.  
But to proceed, the enemy advanced; which frightened the country forces so much, that they left a very considerable Guard, called the turnpike, and never shot one shot; which encouraged the enemy to advance upon our Regiment, it being then the forlorn Regiment: we being then but five Companies, were enforced to stand the burnt of the fight; but the tailor, Major Wylkes, even like a man ready to give up the ghost, and knowing not what to do, he and many of his confederates, of his own Trade, who were Officers in the same Regiment, get them into the hedges, and there couch like the trembling Hare, whilst captain Walker, captain Price, captain Tomlins, and myself, drew down our men into the mouths of the enemy, and by the assistance of a small party of Horse, through God's mercy, we overcame them, as no question but you have heard at large before now; but I suppose you never heard of our tailor's valour till now, who all the whiles we and our men were engaged, lay close in a hedge.  
Well, having now told you of this vallant gentleman's valour at two several fights, as at Maydstone and at Colchester, I will now tell you of his courage and most desperate valour at Doncaster.  
The enemy being in the town of Doncaster, and coming with a pretended Letter from the Lieutenant general to Colonel Raynsborough, as they pretended, before that ever the Colonel was touched; this Major, by his own confession, in my hearing, and in the hearing of divers others, said, that he locked himself up into his chamber, and did not stir, until 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 soldier, might through God's assistance, given such an alarum, as might have protected our colonel's 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 general, 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: 'tis 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 always 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 believed 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 read this book, thoroughly to weigh my condition, and justly to weigh all proceedings against me in the right balance. But, is it not a very sad thing, that a man's 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 cashiered 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 child 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 colonels death, or using any whorehouses.  
What I have written in the defence of myself, or in impeaching Major Wylkes for being a coward, I shall when time serves, produce more witnesses than will be desired.  
I have spent all my time, ever since the beginning of England's wars, in the defence of this Parliament, and have undone myself and my friends, for my too much forwardness in this service. But never did I receive any more than two months' pay, as Captain, since I first received my Commission from the Lord general, 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 trial; 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 banished 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 general; 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 do know my birth and breeding. As  
First, Unto my Lord Roberts, who is near of kin unto me.  
Also to Master Smith, one of the House of Commons, and one of the six clerks, who is allied 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 army; But these are sufficient.  
FINIS.   

To the honourable the Lords and Commons Assembled in the High Court of Parliament: The humble Petition of John Smith Captain,  
Humbly showeth,  
THat whereas your Petitioner, from the beginning of this Parliament, hath continued faithful for the defence thereof, laying aside all private ends and by respects, and solely putting himself forth to his utmost power and ability, for the procurement of the kingdom's freedom. And for that purpose hath raised two several 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 colonel's 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 legal trial, without being surprised; being of late most illegally dealt withal, 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 general of all the forces within the Kingdom of England and dominion of Wales: The humble Petition of John Smith Captain.  
Humbly showeth,  
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 sergeant at Arms deputy, with a warrant from the House, and being detained 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 lawful for me to make my escape, than it was for them to condemn me, not knowing why, nor bringing your Petitioner to any trial.  
May it therefore please your Excellency to grant, that your Petitioner may have the freedom, to come to a legal trial, 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.