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B21661 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. Kinderslie, Robert.; Elslyott, Thomas. 1652 (1652) Wing E640A 3,586 10

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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 White-hall 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 Robert Kinderslie This is a true Copie of the Originall Charge deliuered upon Saturday night the 27th 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 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 labore Apium Vipere is quoque per se Captis carnibus almet Corpus vique Dei Odonta Luposque rapit Hic est Armiger Armorum Conquestor Causidicorum FINIS