To his Highness the Lord Protector of
England, Scotland, and Ireland, &c.
The humble petition of Capt.
John Bernard now prisoner in Newgate,
LONDON,
THat Collonel Wenthrop being under some dangerous delusion and temptation, hath with others continued a Conspiracy to destroy your Petitioner ever since December 1651. and did Justifie three false witnesses the 13. of this instant August in open Court: and whispered with the Magistrates upon the Bench, and so surprised both Magistrates, and Jurors; that they would not suffer all the persons who were in Col. Wenthrops family when the pretended Robbery was committed to bee sent for, and examined; nor would they suffer the three false witnesses to bee kept at a distance from each other, and examined a part, whereby your innocent Petitioner hath sentence of death pronounced upon him, and hath his just Rights and Priviledges apparently taken from him by the aforesaid proceedings, contrary to Law, which your Highness hath bound your self by oath to maintain and preserve.
In tender Consideration of the premises and for the reasons following, viz.
1. Collonel Wenthrop hath made your Petitioner odious unto your Highness, designedly to prevent your Highnesses promised hearing of him, and your Petitioner face to face, upon a Christian-like charge presented by Doctor Wells, against the said Collonel and others, for most apparent partiality and injustice: before the pretended Robbery was committed.
2. Before sentence was passed, your Petitioner importuned the Court to suspend the same at present, and to re-examine the said witnesses; your Petitioner having found out the ground of their malice against him, and also four persons of Col. Wenthrop's family, who were in the house the same night that the Robbery, was said to be committed, whose Information upon oath wilfully clear the truth for your Petititioners Vindication.
May it therefore please your Highness to grant your Petitioner a Reprieve, and to call Collonel Wenthrop and the persons which were in his house the 15 of May last before your Highness; and examine them against your Petitioner face to face, that truth may be brought to light, and that your Petitioners innocent blood may not be brought upon your Highnesses head, through want of your Highnesses mainteining the Just Rights, and Priviledges of your Petitioner according to your Oath; your inferiour Magistrates having greatly failed; and your Petioner desires no mercy but the extremity of Justice from your Highness, if in the spirit of meekness he doth not make all this good before your Highness.
To the right Honourable, the Lord Maior, and the rest of the Bench, at the Old-Baily: The Humble Petition of Capt. John Bernard,
THat Collonel Wenthrop, and many other great Officers of the Army, have maliciously conspired to destroy your Petitioner ever since December, 1651. And have damnified him already, far above 10000 l And upon your Petitioners Appeal to his Highnesse, presented by one Doctor Wells, about 10 a Clock, on Friday 15. May last, (being the day before Col. Wenthrops Robbery was named,) His Highnesse graciously promised to heare Col. Wenthrop, and any other accuser, and your Petitioner face to face But the said Collonel hath made your Petitioner odious unto his Highnesse, and other good men, by accusing him falsly, and producing false witnesses to take away your Petitioners Life apparently, and designedly to prevent his Highnesses promised hearing.
Moreover, divers of Col. Winthrops false witnesses did desperately swear against one Bryan Harpur Gent. for the same pretended Robbery: and though M r. Harpur did presently cleer his Innocency, and cloath the faces of Col. Wenthrop, and his false witnesses with shame, so that he was constrained to get M r. Harpur discharged at the last sessions at Hicks's Hall. Yet he doth still keep the same false witnesses to swear against your Petitioner.
In tender Consideration of the premises: and that your Petitioner is utterly ignorant of the Law, and of the proceeding in this Honourable Court:
May it therefore please your Honours to Plead your Petitioners cause: and Order that Col. Wenthrops whole Family (who are Capable of an Oath, and were in the House when the pretended Robbery was committed) may all appear before your Honours, to give Testimony against your Petitioner, and that those witnesses who are here present, may be kept a part out of the Court, and from each other, and then be examined apart, for your better finding out of truth for your Petitioners Vindication or Condemnation.
To every Minister of the Gospel, and Officer and Souldier of the Army, and Citizen of London or Westminster, and all other Men and Women who fear God, and love righteousnesse.
I Do earnestly and humbly beseech you, and every one of you, as you will answer it at the great day of Account, forthwith to pray fervently to the Lord, that he would vindicate his truth from forged lies, and false testimony in this case concerning my life, related in the enclosed Petitions: And then forthwith move five or six of the chiefest Speakers out of the several Congregations you belong unto, forthwith to go to Hampton-court unto the Protector, to procure me a Reprieve, and an Order for his Highnesses speedy Examination of this horrid intended murther of me under colour of a Legal-trial which I had not, both magistrates and Jurors being surprised, as a cloud of witnesses then present at the trial; some of the Life-guard, others of the City are ready to prove upon his Highnesses hearing who is now the proper Judge thereof, and must preserve or murder me; and you will be accessary to the murther, if you do not improve your utmost Interest to have the truth brought to light, which is all that is desired by
Monday morning next is appointed the time when I must be murthered, unlesse the Lord be seen in the Mount: Pray therefore with faith, and act with patience while there is any time, and wait to see the salvation of God, unto whom belong the issues from death.