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 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 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 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 , 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 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 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 Common-wealth , 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 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