Innocencie Vindicated. Or, a brief ANSWER To part of A Scandalous Paper, Entituled A true Narrative of the Occasion and Causes of the late Lord Ge­neral Cromwel's anger against. Lieutenant Colonel JOYCE, &c. AND His proceedings against him, to cashier him from the Army.

By Jo. Rix, once Lieutenant to the said Lt. Colonel Joyce.

Prov. 8. 17.

He that is first in his own cause seemeth just, but his neighbour cometh and searcheth him.

Printed at London, by J. C. 1659.

Innocencie Vindicated.

A Mans good name being as pretious ointment, which once spilt causeth diligent gathering together again, but not ac­complished without some loss, which is easier to be dispensed withal then the whole; the which being my present Case, I shall without further Apologie, address my self to make answer to that part of the premised Paper that concerns me, viz.

That in pag. 3. of the said Paper, line 28. the said Lieutenant Co­lonel Joyce saith, That upon his bearing Testimony in the publike meetings of the Officers, against the Armies Apostacie at that time, who were then concur­ring to make the said Lord General Lord Protector, Indeavours were used to ruine him. To which it is answered, That that could be no cause of his ruine, because the effects of a thing ever followeth after, and never go before the cause: and if no such discourse as is premised was debated before, nor on foot when Lt. Colonel Joyce was cashiered the Army, then he could bear no Testimony against the Armies Apostacie, in that which was not, nor against their concurring to make the Lord General Lord Protector, seeing no debate in order thereunto was amongst them; nei­ther could his bearing testimony (as falsly declared by him) be a cause of his ruine, his being either in prison or cashiered some months before the General was made Protector. And that there was no such discourse, much less a concurring therein by the Officers of the Army, one month before the Protector was so made, not one Officer that I can speak withal doth remember, but declare the contrary. My self also (until after Lt. Colonel Joyce was cashiered) being in commission, was conversant in the Councils, and with the Officers, but never heard one word of such a thing: therefore that which was not of one months being, cannot be the cause of that which was some months before, and so no cause of his mine. Next,

The Lt. Colonel saith, That I was sent for from Portland, by General Cromwel, as an effect of the Premises. This is also false: I never was sent for by General Cromwel, for the cause premised, nor for any other, be­cause 1. I was in London neer fourteen weeks before the Lt Colonel's Articles were exhibited to the Court Martial. 2. The cause of my com­ing to London was as followeth: I being through the malignity of the said Lt. Colonel sequestred from my command, came up upon my own account, to seek for Justice against the arbitrary and unjust proceeding [Page 2] of the said Lt. Colonel George Joyce, who now the second time had got­ten eleven false Articles against me, I having been acquitted of six by Judgement of a Court-Martial, but the 17th of January before, and sent to my command by an Order of the Lord General Cromwel: I say, in August following, Eleven Articles being again by Lt. Colonel Joyce and his Emissaries, gotten against me, and brought to London, lest the report of them should have render'd me so great a Transgressor, as to have been accounted a favour in him to have put me away privately, as some others have been served, when innocent, as to matters of Fact; to prevent this (being first sequestered from my Command, by him, as not fit to be longer trusted) I hasted to London, and applied my self to the Court-Martial for Justice; at which, my Lt. Colonel being filled with fear, would have with-drawn my Articles: Nay, he intreated me to let them be withdrawn: to which I replyed, If he would declare in open Court, that all and every part of them were false and scandalous, I would consent to it; but if not, they should be judged of by the Court. The Court asked the Lt. Colonel what he said to it; his answer was, That there was many Aggravations, but he could not say they were all false: whereupon I humbly desired the Court to proceed to Judgement; which accordingly was done Some of his Articles being as followeth: vizt For endeavouring to raise Forts against the Army and Commonwealth, For Mutiny, for false Musters, and wronging Souldiers of their pay, &c. which if proved, I should have counted it a favour to have had my life given me: but through grace, I had so behaved my self both as a Christian, and as a Souldier, that upon the Examination of the said e­leven Articles, they found me not guilty of any faults, disorders or of­fences mentioned in the Articles of War, but for misdemeanour, not mentioned in the Articles of War; for which I had a milde Re­proof, and was so acquitted by the Court-Martial, held the 29 and 30 day of August, 1653. Thus have I given a true account of my com­ing to London, with the cause thereof, which was not as premised by Lt. Colonel Joyce, whom I had now hopes would rather have printed his Repentance for his unparallell'd cruelty against me, without a cause; as also, his then and since endeavours to wound me in the house of my Brethren, as well as amongst all my acquaintance, where he had oppor­tunity, with lies guilded over with hypocrisie, which caused them that loved me to have hard thoughts against me, as if I had done the wrong, that received so much from him, as declared in the premises: yea, as if I had been a malicious envious person, as some its possible (ignorant­ly) will say of me, for writing this paper, though nothing less then necessity have put me upon it, I not wishing him any harm, but hoped a change had been wrought in him; but contrary, now at last, to fill up his cup, having printed lies and falshoods against me, should I now keep silent, every one would take me to be like himself. The wise Man saith, An hypocrite with his mouth destroyeth his neighbour, but through know­ledge shall the Just be delivered. But the next Charge is,

[Page 3] That I was not onely sent for by General Cromwel, but by him incouraged to prosecute my Lieutenant Colonel again. That I was not sent for, I have already declared, with the true cause of my coming to London, and my being acquitted by the Court-Martial, from that false charge, which (if proved) would, by the Articles of War, have taken away my life: I say, being acquitted then, Lt. Colonel Joyce became a mournful suiter to me, with tears begging me to return to my command: at which my heart was turned within me; & upon his desire of forgiveness, I was not intended to meddle more or less with the Articles against him, if not ne­cessitated thereunto: upon which I went to General Cromwel, acquain­ting him that I was acquitted by a Court-Martial, and desiring to know his Excellencies pleasure, as to my returning to my command: at which the General said, where is Joyce 's Articles? I said, In the Advocates hand: the General then said, I will have them prosecuted; saying, Lieutenant, you shall fare never the worse for Joyce 's wickedness. This I do declare to the best of my knowledge, to be the first, and all the encouragement I e­ver received from General Cromwel. Now first, considering the evil in­tended towards me by Lt. Colonel Joyce, with what expence he had put me to, without cause; whether now was the greater evil in General Cromwel, to make such a promise, or having made it, not to perform it, I never receiving a penny or penny's-worth from him; and I having sign­ed to the Articles, as a Witness when called, could not do less then wit­ness to what I knew to be truth; and my conscience bears me testimony that I did it, to the best of my remembrance, without respect to any Re­ward promised: and as for my prosecuting him, it is false; for Serjeant Tho. Knight was his prosecutor: and whereas he saith, I was encouraged again, whenas before I could make nothing of it: I answer, That my evi­dences was before offered to the Commissioners in the Country, but be­cause I would not sign to the Articles, as Prosecutor, the Commissioners were so much Lt Colonel Joyce's friends, that they would not receive a­ny testimony to the Articles against him: and I did refuse to signe them as Prosecutor, because then my evidences would not have been valid, be­ing the chief Witness to make his false Musters appear, and how he wronged the souldiers of their pay. I say, for that cause the Commis­sioners would not receive evidence to the Articles against the Lieut. Colonel, though Serjeant Knight offered to signe them as Prosecutor; no marvel therefore, that the said Commissioners could make nothing of it, as premised by Lt Colonel Joyce.

The next thing he charged upon me, is, That I should falsly swear, That I should hear the Lt. Colonel say, in Adistors in Portland, about the death of Lockyer, That he was sorry that Lockyer had not pistoled Crom­wel. In answer to this, I first offer a Query: 1. If the testimony of two honest Witnesses to one thing shall be accounted false swearing, what testimony in our Age, shall be accounted true swearing? And that there was so in this case, I do affirm, and know the contrary cannot be proved. 2. I reply by way of Reason, why my Evidences could not be false. [Page 4] 1. Because by my testimony the Court-Martial found Lt. Colonel Joyce a guilty person. 2. Because the Court-Martial cast out the Evidences of some persons, who by the means of Lt. Col. Joyce did swear against me, as of persons forsworn; but did not do so to my Evidence against Lt. Col. Joyce. 3. Because the Court-Martial, which did consist of many faithful men (as I judge) and many of them Lt. Colonel Joyce's great friends, did upon the several Evidences by me produced, &c. judge him so guilty, as to cashier him the Army.

And whereas the said Lt. Colonel declares, That when he could not be perswaded out of his Commission, during his imprisonment, the which also he declares to be an effect of his bearing Testimony against the Armies Apostacy, he still placing that in the Van of his sufferings, which I am confident was in the Rear, as hath already been declared.

And whereas he said, That THEN Articles were drawn against him: that was also false, his own conscience knowing that Articles were drawn up against him, and proof offered thereunto, a month at least, be­fore his being imprisoned; so no effect of his being imprisoned, or re­fusing to lay down his Commission, as declared by him, nor of his boa­sting that he bare testimony against the Apostacie of the Army, in the matter premised, which was some months after. In these things Lt. Co­lonel Joyce hath verified the use of an old Proverb, viz. That a Lyer had need have a good memory, otherwise he will contradict himself.

Again, he saith, That by the false and double swearing, &c. As to that of false swearing, I have already made such answer, as I hope hath gi­ven full satisfaction to every impartial Reader, of my innocencie from that great sinne: as also to believe, that if Lt. Col. Joyce had either been a true man, or a wise man, he would not have published so false an accu­sation with so many known lies in print.

But whereas he accuses me with double swearing, it is matter of sor­row in me, to consider that his wicked actions should be so many, as that I should be called upon to swear to more then one Article against him, it not being reasonable to believe that I sware twice to one particu­lar : and as for my prosecuting him, it was Serjeant Tho Knight, as I have already declared: and as for my being thereto incouraged, (as falsly suggested by him) hath been replyed unto already, in order, as they stand in his paper.

Next, the Lt. Col. saith, That in his own Conscience he was clear of any crime, or offence, as his paper said, unstable by Law. Ah poor unstable soul! didst thou mourn for thy wickedness almost 6 years ago? hadst thou then so much sence of guilt as to use both lawful & unlawful means to pre­vent thy coming to a Tryal, the innocent and righteous man being bold as a Lyon? I say, what wast thou afraid of, if thy conscience were clear, as thou now seemest to have the confidence to affirm? Sure it may be said to Lt. Colonel Joyce as it was to Simon Magus, Thou art still in the gall of bitterness, and in the bond of iniquity; thy heart is not right in the [Page 5] sight of God: repent therefore of this thy wickedness.

The next Charge is, That after this, I moved the General, then called Protector, for his promised Preferment. 2. For my charges in prosecution. It's false that ever I made any motion to the Protector, in any business relating to my self, after the Protector was made Protector, I not being free in my judgement and conscience, to serve him either by Sea or Land. But I gather by this Charge, that his design is, to render me to be a lo­ver of the Protector as Protector, and so unamiable as to the present Authority: but the contrary to this, is known unto my acquaintance, whether Officers of the Army, or others, that I have still upon all oc­casions born a sober Testimony against the Government of this Nation to be by a single Person, as Lord Protector, or otherwise: I having of­ten jeoparded my life in the high places of the field, in the service of the Commonwealth, first under his Excellencie the Earl of Essex, then some years in the Troop of the Right Honourable Colonel Nathaniel Rich, and in the Troop and Regiment of Colonel Reynolds, as Corporal and Quarter-master, and after that I was Lieutenant to a Militia Troop in Norfolk; and lastly, some years Lieutenant to Lt. Colonel Joyce, the last service that I was upon, being the reducement of the Island of Jersey. But secondly, Lt. Colonel Joyce would be taken now for an enemy to the Protector, and therefore his ruine sought, and thereby himself amiable to the present authority: but sure he hath not taken the right way to accomplish his desire of vindication, and appear as he says, an honest man.

But whereas he falsly saith, That I not onely went to the Protector, but also claimed my promised Preferment; The promise was, That I should fare never the worse for Joyce 's wickedness, as is already declared: now for the word Preferment, it was not in my promise from the General; but it doth appear that Lt. Colonel Joyce concludes, That if General Crom­wel did perform his promise, that then I must have some Preferment, or else this consequence will follow, That I must needs fare the worse for Joyce's wickedness; which I must confess I did do, to the great impairing of my Estate, he putting me to great expences or charges, as he calls it, but not as Prosecutor. But whilst Cromwel was General, I did several times after Joyce was cashiered, and the Company reduced, wait upon him, who still said, He would take care for me: but having onely good words, I resolved to wait no longer, having several invitations from o­thers; one from Lt. Colonel Mason, who being in Scotland, and sen­sible of my Estate, sent for me to come to him, giving me some encou­ragement thereunto; which was great refreshment at that time unto me. But another friend, whose name was John Mouldam, then a Lieutenant of one of the States Ships, but a little before a Chaplain of the same Ship, prevailed with me to take his place; which I promised to do, and was accepted of by the Captain: but presently after this, the Lord Ge­neral was made Protector: I then upon the account of conscience deser­ted that service at Sea, to which, as premised, I was engaged: presently [Page 6] after taking the house where I now through mercie live, and the fifth of February following, opened the shop that I now keep; where through the blessing of GOD, I have ever since lived comfortably with my Family, and kept my soul clean from that Apostacie the Army in general, and many precious souls in it, as I judge, through many temptations fell in­to, and in whose return my soul hath much rejoyced.

But lastly, whereas he saith, The Protector should say, That I had not dealt like a Christian with Lt. Colonel Joyce; and that he thrust me out of his Chamber, and bid me go, like a Knave as I was; I answer, That Cap­tain Horsington, who Lt. Colonel Joyce said he had these words from, hath denied it before witness, that ever he heard the words, or declared them; and there being no other proof, judge whether Joyce be an honest-man or a—to print such lies as I do affirm they are.

Thus having discharged my duty, and declared the naked truth of things as acted by me, whether relating to my own defence against his unrighteous proceedings towards me, or for the discovering the falseness of those several particulars laid to my charge by him, in his late printed Paper, knowing that both of us one day must give an account for the deeds done in the flesh, be they good, or be they evil, to GOD the righteous Judge of all men; it being the desire of my soul to do nothing out of strife or vain glory: I shall onely recommend such as shall still abide dis-satisfied, as to the cause for which Lt. Colo­nel Joyce was cashiered the Army, to the Judgement of the then Court-Martial, to justifie their proceedings against him, upon the several Ar­ticles exhibited by Serjeant Tho. Knight; as also of the verity of what I have here declared. And if Lt. Colonel Joyce ever intends his Vindi­cation, it must either be by his discovering his not being guilty of those many Articles to which Evidence was given against him, and so the in­justice of the Court-Martial, in cashiering of him without a cause; or if guilty, his hearty and unfeigned repentance, and return; through means of which, scarlet sins may be made as white as Snow, and he thereby once more appear an honest man, as he desireth in his paper.

Thus leaving what is declared to the blessing of Him who is able to make these lines effectual, for the true satisfaction of every sober man, that is dis-satisfied with the integrity of him, who is a lover of Justice, and a cordial well-wisher to the prosperous state of this Commonwealth,

Jo Rix.

Post script.

REader, whereas this paper is intituled Innocencie Vindicated, it is not without just cause, since two several meetings were appointed for Lt. Colonel Joyce to prove what he had charged against his Lt. viz. false swearing, and other evil behaviours, but could not make any such thing appear. This I thought good to certifie (being present at the said meetings) lest any should say, That the Author of this Vindication hath risen too early in his own praise.

Jer. Ives.

Whereas Lt. Rix is charged by his late Lt. Colonel George Joyce, as guilty of false swearing, in a payer lately printed by his Order; upon and after twice hearing what could be alleadged by the said Lt. Colonel by way of proof to the said Charge, I do here­by declare, that what was urged by the said Lt. Colonel did not evince to my consci­ence that the said Lt. Rix is guilty of that detestable abomination.

Edw. Harrison.

Ʋnto a crime of false swearing, imputed unto, and charged upon Lt. Rix, in a cer­tain printed paper, He may plead, Not guilty, and ought to be cleared, notwithstanding any testimony that I did hear brought against him, at the meeting, or elsewhere.

H. Denne
FINIS.

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