THe true, just, and humble Remonstrance, Charge, and Petition of Robert Kindersly Gent. and Trooper in Captain Elsmores Troop, in Colonel Rich's Regiment; on his own behalf, and on the behalf of divers of his fellow-souldiers in the said Troop, in pursuit of his Petition pre­sented unto this honorable Court upon Munday the 22 of this instant Decemb. 1651. against William Stevens, now or late a Constable, and his wife; Iohn Wilton, Gardiner; Ri­chard S [...]nders, Instrument-maker; Maurice Ford, Victualler; Richard Lowther Gent. and William Caldwel an Informer, and Thomas Brown Labourer; all living in or about Spittle­fields in the Parish of Stepnie-heath in the County of Mid­dlesex, inhabitants or members, within, or of, this present Commonwealth, but malignantly affected to the present Government the [...]eof, as may appear by the sequele.

And first, your Petitioner remonstrateth unto this ho­norable Court. That whereas the honorable Parliament of England, being the supreme Judicatory of this Nation, hath been heretofore necessitated, for their defence, and all Powers set up by them; as namely, for the defence of the Council of State; and High Court of Justice, daily threatned by the late Tyrant and his son, and their evil counsellors, and several other traitors and evil affected persons, such as be Papists, Malignants, Delinquents, and other enemies and opposers of the honorable proceedings [Page 2]of Parliament, and the Powers aforesaid, for the preserva­tion of the Keepers of the Liberties of England by authority of Parliament, To raise an Army sometimes under the com­mand of their Excellencies the Earl of Essex and the Lord Fairfax, but now under the command of Oliver Cromwel Esq; Captain General of all the English Force, and Lord Governour of Ireland; and the General Officers of the Army being men of approved wisdom, fidelity, and cou­rage, for their regulating, disciplinating, and commanding of the Souldiery thereof, in their several orders and sta­tions, to the great honour of Almighty God, glory of the Parliament, and State of this Nation, and the good of the present Commonwealth.

And your Petitioner further remonstrateth unto this honorable Court, That whereas not onely all Heathenish but Christian Armies in this present world, have been in all ages, and at this present time be disciplinated, conduct­ed, and commanded (as exigencies of affairs from time to time be incident, unto their motions and stations either in Field or Garison) and have been, and now are, ordered and governed by Military and Civil Law and Govern­ment, not by any Legal, National, or Common Law whatsoever: by means whereof, it hath of late pleased di­vine providence always to go along with them, and own them, and the Parliament of England's just Cause, against all their opposers, maugre all their enemies.

And your Petitioner further remonstrateth, That where­as the honorable Parliament of England, about the 12 of August last past, getting notice of the last Invasion of the Scotish Army, assisted with certain English Fugitives, taking for their Head that Traytor Charles Stewart the younger, were pleased to publish and declare an Act of Parliament to the people of this Nation, to admonish them to be cautious in adhering unto him and his party, [Page 3]or to be any ways deluded by them, under the penalty of High Treason; and for three months time gave power to any Court Martial lawfully authorized by this prefent Army under the now-General's Command, to take cog­nizance thereof, and to proceed with the said persons so offending against the said Act to sentence, by the Rules of a Court Martial (which be Military and Civil, as afore­said) at any time within three months, as by the said Act, hereunto annexed, may appear.

And your Petitioner lastly Remonstrateth unto this Honorable Court, that Col. Rich, a Colonell, and a wor­thy Member of the Parliament, and of this present Ar­my, having about the beginning of October last, recei­ved certain Intelligence from the Souldiery and divers others, well affected Persons unto the Parliament, Army and State, That the said Stevens and his wife, Wilton San­ders, Ford, Caldwel, Brown, and others, had spoken and most maliciously uttered certain Malignant, dangerous, and pernicious words, against the Parliament, Councel of State, and Army, in saying that they were a company of Rogues; And that they the said Malefactors would not submit to their Government by them Established in this present Commonwealth, unless it were under the Tr [...]i­tor Charls Stewart the younger, the King of Scots, whom they called King Charls the Second, or words to that ef­fect: whereupon, the said Colonel Rich, like a wise Senator of the Parliament of England, and Mem­ber of this present Army, did give Order unto your Pe­titioner and his fellow Soldiers, he being their Superior in order to Military Discipline, forthwith to scise and ap­prehend the aforenamed evil affected persons, if they could be found, and to bring them before him, to be proceeded with according to Justice, and to disarm them, and to seise their Arms for the use and benefit of [Page 4]the Parliament, State and Commonwealth, as it was just and Lawfull for him to do; and your Petitioner and his fellow Souldiers in obedience unto their Colonels Lawfull Command being their Superior, did forthwith repair unto the said evil affected persons houses, to make dilligent search for their persons, and where your Peti­tioner and his fellow Souldiers were opposed, they broke open their dores and houses in pursuit of their Lawful Command, and not finding of their persons, did secure such Arms as they found in their houses, for the use and benefit of the Parliament, State and Commonwealth, as they hope it was Lawfull for them to do, under the favor of this Honorable Court; but the said evil affected per­sons with the advice of the said Lowther, altogether ma­chinating and despising the Authority of Military Di­scipline, and of this Honorable Court, did lurk and play at bo-peep from and with your Petitioner and his fellow Soldiers, untill the 3 Months limited in the said Act by Martial Discipline were elapsed; and then to colour their Malefactions and to bring dishonor and an odium upon your Petitioner and his fellow Soldiers, being Members of this present Army, and so consequently upon the whole Army and the Military Discipline thereof; they the said evil affected persons did lately privily repair unto the Sessions House at Hixes Hall, held before the Justi­ces of Peace in the County of Middlesex, this last pre­sent Sessions, and did there maliciously prefer an Indict­ment of Burglary and Felony against your Petitioner and his fellow Souldiers for the Premises to the Grand In­quest, Sworn for the Presentments and Indictments for the County against Malefactors and evil doers; and upon their false Testimony given to the said Grand Inquest, the said evil affected persons procured the said Bill of In­dictment of Burglary and Felony, so presented by them [Page 5]against your Petitioner and his fellow Souldiers, to be found billa vera; and not therewith content, the said evil affected persons caused the said Bill so found, to be trans­mitted from H [...]xes Hall, unto the Sessions House in the Old Bailey, and thereupon procured a Warrant from the Recorder and Bench, and another from the said Louther, directed to all Constables, Head-Burrows, and other Of­ficers of the Common Law of this Land, for the present apprehending of your Petitioner and his fellow Soldiers, in all Quarters of London, Middlesex, or Westminster, And by colour thereof have not only broken open your Peti­tioner Kindersties house in the Parish of St Giles's Cripple­gate, to the great astonishment and affrightment of his Wife and Family; but have also at sundry times since attempted to seise upon your Petitioner and his fellow Soldiers persons by colour of the said Warrant, when they have been upon the Guard of the Honorable Parli­ament of England at Westminster, the Councel of State at White Hall, in their Horse-quarters at the Muse, and in passing through the streets of London, the Armies Garri­son, to the great dishonor of the Parliament, Councel of Sta [...]e and Army, and of this Honorable Court, and of all Military Discipline, and to the terror, discouragement, and amazement of divers of the Soldiery of the Army, who have seriously protested, That rather then they will see the Army so affronted, and the Soldiery thereof so a­bused, they will lay down their Arms, and bear no more for the defence of the Parliament, Councel of State and Commonwealth of England, since they cannot obey the Lawfull Command of their Superiors, but to be reputed Burglars, Felons and theeves of this present Common­wealth, for the advancement whereof they have adven­tured their Lives, Bloods and fortunes. And of the truth of this Charge, your Petitioner as well on his own be­half, [Page 6]as on the behalf of his fellow Soldiers, doth here­by offer to hazard his life to make good by due process, the verity thereof.

‘And therefore he humbly prayeth, as in his Petition upon Monday last he did pray (that is to say) that your Peti­tioners Cause may be duely examined according to Law Military and Civil in this Honorable Court, and that the said evil affected persons may be forthwith sent for, and secured (and that the truth of this appearing) upon due proof, that they may be made exemplary to future Ages, for the Honor of this present Army and Soldiery thereof, by the Justice of this Honerable Court, and that in the mean time, that their malicious proceedings upon their Indict­ment at the Common Law against your Petitioner and his fellow Soldiers, may be staid; and your Petitioner will ever pray for the Justice of this Honorable Court, and remain a faithfull Soldier to the Noble General and Army of the Commonwealth of England, whilst he lives to be’

This is a true Copie of the Originall Charge deliuered upon Saturday night, the 27^th of this instant December 1651. to the Honorable Judge Advocate, and was read upon Wednesday at a Court Marti­al at White Hall the last of December last, and doth remain upon Record to future Ages, and to express to the English Nation, the Au­thority of Military Disciplince, justly and anciently belonging to Armies,