The MARTIAL HORSE, OR Power of a COURT-MARTIAL.  
Being the GENERAL CHARGE OF ROBERT KINDERSLIE Gent. Against STEVENS, and others. 1651.  
BY THO. ELSLYOT, Armig. Arm. Conq.  
Imprinted at LONDON. 1652.   

To the honourable Judge-Advocate and Court-Martial, now sitting at Whitehall.  
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-soldiers in the said Troop, in pursuit of his Petition presented unto this honourable Court upon Monday the 22 of this instant Decemb. 1651. against William Stevens, now or late a Constable, and his wife; john 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 Spittle-fields 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 thereof, as may appear by the sequel.  
And first, your Petitioner remonstrateth unto this honourable Court. That whereas the honourable 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 threatened 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 honourable proceed 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 Cromwell Esq; Captain General of all the English Force, and Lord Governor 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 Soldiery 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 honourable Court, That whereas not only 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 Garrison) 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 honourable Parliament of England, about the 12 of August last passed, getting notice of the last Invasion of the Scotish Army, assisted with certain English Fugitives, taking for their Head that Traitor 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, 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 Honourable Court, that Col. Rich, a Colonel, and a worthy Member of the Parliament, and of this present Army, having about the beginning of October last, received certain Intelligence from the Soldiery 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, Council 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 Traitor Charles Stewart the younger, the King of Scots, whom they called King Charles 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 seize their Arms for the use and benefit of the Parliament, State and Commonwealth, as it was just and Lawful for him to do; and your Petitioner and his fellow Soldiers in obedience unto their Colonels Lawful Command being their Superior, did forthwith repair unto the said evil affected persons houses, to make diligent search for their persons, and where your Petitioner and his fellow Soldiers were opposed, they broke open their doors 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 Lawful for them to do, under the favour of this Honourable 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 Honourable Court, did lurk and play at bopeep from and with your Petitioner and his fellow Soldiers, until the 3 Months limited in the said Act by Martial Discipline were elapsed; and then to colour their Malefactions and to bring dishonour 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 Session's 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 Soldiers 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 against your Petitioner and his fellow Soldiers, 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 Session's 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 Saint Giles' Cripplegate, to the great astonishment and affrightment of his Wife and Family; but have also at sundry times since attempted to seize upon your Petitioner and his fellow Soldiers persons by colour of the said Warrant, when they have been upon the Guard of the Honourable Parliament of England at Westminster, the Council of State at White Hall, in their Horse-quarters at the Muse, and in passing through the streets of London, the Army's Garrison, to the great dishonour of the Parliament, Council of Sta●e and Army, and of this Honourable 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 than 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, Council of State and Commonwealth of England, since they cannot obey the Lawful Command of their Superiors, but to be reputed Burglars, Felons and thiefs 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, 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 duly examined according to Law Military and Civil in this Honourable 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 Honour of this present Army and Soldiery thereof, by the Justice of this Honerable Court, and that in the mean time, that their malicious proceed upon their Indictment at the Common Law against your Petitioner and his fellow Soldiers, may be stayed; and your Petitioner will ever pray for the Justice of this Honourable Court, and remain a faithful Soldier to the Noble General and Army of the Commonwealth of England, whilst he lives to be  
Robert Kinderslie.  
This is a true Copy of the Original Charge delivered upon Saturday night, the 27th of this instant December 1651. to the Honourable 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,  
By Tho. Elslyot Ar. Ar. Conq.  

De Vita Thomae Elslyott, Ar. Ar. Conque  
Armiger Armorum, brumali vixit in aevo;  
Proque Cibo est, rarò, nectare, aqua, inque fumo,  
Est Lac concretum mistum cum sanguine Gervi, &  
Mel Condensum actum, (Vere) labour Apium  
Vipere is quoque (per se) Captis carnibus, almet  
Corpus, vique Dei, Odonta Luposque rapit:  
(Hic est) 
 Armiger Armorum Conquestor Causidicorum.   
FINIS.