THE CASE OF THE ARMY SOBERLY DISCUSSED.  
LONDON: Written and Printed by Friends to Religion, and Wellwishers to the Army. July 1647.   

Worthy Friend:  
YOu have asked of me, Upon what Grounds I have adhered, and do adhere still, unto the Parliament in their late War; and yet disavow the Army in their behaviour towards the Parliament; which many well-meaning people think warranted by the aforegoing example: as also how I can answer that other Allegation, viz: that they are for the Liberty of the Subject, and are sellicited by sundry Petitions of the Countries; and some go so high as to say, That as the Parliament is above the King, so the people is above the Parliament; and that the Army does but act in the Name and Right of the People.  
To all this I shall answer as distinctly as I can (though a man can hardly speak or write of so confused a business, without some confusion in his own mind) and clearly give you an account of my thoughts in the matter, and the grounds upon which I go.  
First, The Parliament has an undoubted legal Authority, during their Sitting, to impeach, and judge, and punish Delinquents in the highest rank of Subjects; and to prevent, and suppress the Power of Tyranny; as is abundantly showed in Declarations and Treatises, and is Confessed by the King Himself in his Answer to the 19 Propositions. But the Army hath no kind of Right, as an Army, to do any thing but to obey their Officers under the Parliament.  
Secondly, The Parliaments Authority was, and is ratified by a Law, agreed to by the King; that it should not be dissolved, not adjourned but at the pleasure of the Houses. But the Army was Voted to be disbanded, and the times and places nominated for their disbanding their several Cegiments; and Commissioners from both Houses sent down to the first Rendezvous, with Money to pay, and disband them; and so to go on to the rest.  
Thirdly, The Parliament never did pretend to be above the King, but only to have a Power to endeavour to save the Kingdom in time of Danger, in case the King would not consent to the means of it; for which they often Petitioned him; and He acknowledging the Danger, yet refused to consent to the necessary way of ceiling of it. But the Army, when they first refused to disband, did not so much as pretend any other reason for it, but only their own not being satisfied in their Demands as Soldiers: and what they have since presented for Justice, and the People's Rights, do more and more appear pretended to conseal such Designs as are not yet ready for Discovery.  
Fourthly, the Parliament never offered to seize on the Person of the King (or of the Prince) though they might have easily done it, before he went to York, but only followed Him with Petitions after Water proclaimed, until he would receive no more. But the Army have dared to seize on the King being quiet at H●lden●y according to the Order of both Houses, and agreement of both Kingdoms, and attended by Commissioners from both Kingdoms; and to carry him away by force, and the Parliaments Commissioners also as prisoners unto the Army. And though the General and chief Officers disclaimed the knowledge of it, yet they detain him still, and have expressed so great discontent at the Houses demanding him to be conveyed to Richmond, as amounts to an absolute denial; so as the Houses have been constrained to insist no longer upon His coming thither.  
Fifthly, The Parliament are without all contradiction the Representative Body of the Kingdom, specially the. House of Commons, being chosen by the Freeholders of the several Countries, and Inhabitants of the several Towns and Cities; and the House of Peers have an undeniable Right of Judicature by the Laws of the Kingdom. And withal, for the settling of the Militia, a great part of the Counties of the Kingdom did Petition them, with thousands of hands out of every County. But the Army has no tolerable pretence at all to call themselves the Kingdom's Army, or to Represent them; for the people chose them not, but the Parliament chose them, not to say with the discontents of multitudes of the people, and for the Petitions of some Countries to the Army, as if they did make them their Representees. First, the Army was in actual disobedience against the Parliaments Votes for their disbanding before any one Petition was brought them. Secondly, no other County has yet petitioned them, but those amongst whom they were: whereas the Parliament sitting quietly at Westminster, the Countries took long journeys to come up in great multitudes with their Petitions to them. Thirdly, the Petitioners out of the several Counties are very few (as is very well known, especially for Essex, Suffolk, and Norfolk) in comparison of them that joined not with them. And certainly, the lesser part of a County cannot represent the whole County; much less four or five Counties represent the whole Kingdom. Fourthly, there would be found, I believe, if they were counted aright, many more Petitioners out of the City of London (although they now seem to have forgotten it) for the disbanding of this Army, and take in with them some of those Counties that are now said to Perition to the Army for their Rights, than all the Armies Petitioners can amount too again.  
Sixtly, For the People's being above the Parliament, and the Armies representing the people (to speak somewhat more of that which with some is the Great Plea for the Army) I believe this will never be made good by Religion, or Reason, or the Laws of Nature, or of any Nation, especially in the sense of some, whose Books talk of our Sovereign Lord the people. First for Religion, there is not a shadow of it in all the Word of God, to make the people (even the lowest of them) the higher Fowers: God says, By me King's reign, and Princes decree justice: By me Princes rule, and Nobles, even all the Judges of the Earth. But he says no where, by me the People reign, and they are all Judges. He says to the Princes and Judges, I have said ye are gods: He never says so of, or to the people. Secondly, For Reason, who can imagine, that so many millions as are in our Nation can agree to any Acts of Rule or Government, more than to choose in their several places Rulers and Governors (as a King, or a Parliament) who when they are once chosen, cannot be, upon any pretence of Reason, put from their Rule by the People, unless they do in like manner agree to their putting out, as they did to their choosing, where there is no Law to guide in it. Much less can the whole people in reason be competent Judges of the fitness to put them out, if they had any such power; unless the abominable wickedness of such trusties be altogether undeniably manifest by the facts, or by uncontrollable proofs; which how far the whole people of a Nation is capable to take, and to judge of, so as to exercise such rule, may easily appear to any one's reason that will exercise it. And least of all can they judge of the fitness of particular things to be done, when they have never heard them debated, or any reasons against their own conceits resented; or judge of the fitness of a whole Army of above 20000. men to be their new Representees to awe and Command their Parliament, and legal Representees. Thirdly, for the Law of Nature, that gives all Authority originally to the father of a family, and where many of them agree to make a City, or Commonwealth, the residue of the family cannot avoid the Government agreed upon by their Fathers and Masters, and have nothing to do to overrule it in the least, though they be ever more in numbers then the Fathers or Masters of families. Yet the new Doctrine of the People's Sovereignty extends to give power to all servants and children grown up, as well as to their parents and masters. And I am very much deceived, if very many in the Army (the pretended Representees of the people) be not servants and Prentices not yet free, and children unmarried, whose parents are yet living, who but in obedience to the Parliament, and for the Public service would never have suffered them to go from them to be Soldiers, and do not new allow of any of their deal. Fourthly, for the Laws of Nations, there is no Story or Record of any Nation that I could ever read or hear of, where the whole multitude of the people without exception or distinction, had the Sovereign Power in their hands by way of exercise; no, not at Rome, or Athens, or the most democratical and popular Cities, but certain Tribes only, and the Freemen of those Tribes: and much less in large countries' and Nations. Fiftly, I would be contented (for my part) as to my outward condition to acknowledge the people's sovereignty (it I might not be judged as an offendor, though accused by the Army) till the major part of the whole people of this Nation did or could rationally take notice of my offence, and sentence me for it. For to do this, they must either meet together all in one place (and will Salisbury-plain or any other larger place suffice for the meeting?) and all heat the proofs, and what witnesses voice can reach them all? or else if they meet but in several Counties, what place will suffice for the major part of most Counties in England? if you take in all the people, servants, and children, and labourers, and beggars, and all? And then again, unless they at last derive their power to Representees, how long time will the trial of the offence last what ever it be supposed, till all the Countries of England one after another have heard the proofs, and given their sentences. And then if my Case have but any difficulty in it, and some of the Countries acquit me, and others condemn me; how then must the matter go? by the greater part of the Countries? or rather by the greater number of the whole Nation summoned up together? and what if the sums be questioned as not right? (as when the Pole is denied in Elections) who shall judge whether the major part are against me or for me? unless every where they pole, and all that pole subscribe to a writing showing their number. And then at the last, who shall be trusted to gather the Votes of all the Countries, and give assurances to the Nation that they deal faithfully in the sum, and neither acquit not condemn at their own pleasure, but according to the Votes of the whole Nation certainly and plainly? If I might be secure till all this were rationally resolved for practice, I would not fear any accusation amongst men. And how then can this Army with any colour pretend, that the whole Kingdom of England has Entrusted them to urge the Parliament to do them right? (which is an implicit sentence against the Parliament as guilty of great Injustice) or demand in the name of the People of England Justice upon the accused Members of the House of Commons? There are but five Counties at the most, out of which any have brought Petitions; and in none of those Petitions (for they are Printed) are those Members accused; not yet is the Army Authorized in them to accuse whom they please: Much less is it said, that those Petitions were from the major part of those Counties met together, or subscribing severally. And then how far is it (I beseech you) from the major part of the Kingdom? and by what Authority derived from our Sovereign Lord the People, (if they will still have them to called) can they show their Warrant to accuse those Membe a in the name of the Army? or of the People of England, as the House of Commons hath by the known Law, and constant Custom, to accuse any in their own Name, and in the Name of all the Commons of England?  
Thus far I have given you an account of part of my Grounds on the one side, and the other: You may be weary of reading thus much; for I am sure I am weary of thinking so long together of so strange a business; though I desire to think of it with as great quietness of mind as the business will bear: of which my moderate Language will to you at least (I hope) bear witness. Another time, if you desire it, I may tell you the Remainder of my thoughts of this matter. Mean time, and ever, I Rest  
Your faithful Friend.   
FINIS.