D.: Documents Relating to the Putney Debates

I. That, the things, hereafter proposed, being provided for by this Parliament, a certain period may by Act of Parliament be set for the ending of this Parliament; such period to be put within a year at most. And in the same Act provision to be made for the succession and constitution of Parliaments in future, as followeth:

1. That Parliaments may biennially be called and meet at a certain day, with such provision for the certainty thereof, as in the late Act was made for triennial Parliaments, and what further or other provision shall be found needful by the Parliament to reduce it to more certainty; and upon the passing of this, the said Act for triennial Parliaments to be repealed.

2. Each biennial Parliament to sit 120 days certain (unless adjourned or dissolved sooner by their own consent); afterwards to be adjournable or dissolvable by the King, and no Parliament to sit past 240 days from their first meeting, or some other limited number of days now to be agreed on; upon the expiration whereof each Parliament to dissolve of course, if not otherwise dissolved sooner.

3. The King, upon advice of the Council of State, in the intervals betwixt biennial Parliaments, to call a Parliament extraordinary, provided to meet above 70 days before the next biennial day, and be dissolved at least 60 days before the same; so as the course of biennial elections may never be interrupted.

4. That this Parliament and each succeeding biennial Parliament, at or before adjournment or dissolution thereof, may appoint committees to continue during the interval for such purposes as are in any of these Proposals referred to such committees.

5. That the elections of the Commons for succeeding Parliaments may be distributed to all counties, or other parts or divisions of the kingdom, according to some rule of equality or proportion, so as all counties may have a number of Parliament-members allowed to their choice, proportionable to the respective rates they bear in the common charges and burdens of the kingdom, [or] according to some other rule of equality or proportion, to render the House of Commons (as near as may be) an equal representative of the whole; and in order thereunto, that a present consideration be had to take off the elections of burgesses for poor, decayed, or inconsiderable towns, and to give some present addition to the number of Parliament-members for great counties that have now less than their due proportion, to bring all (at present) as near as may be to such a rule of proportion as aforesaid.

6. That effectual provision be made for future freedom of elections, and certainty of due returns.

7. That the House of Commons alone have the power from time to time to set down further orders and rules for the ends expressed in the two last preceding articles, so as to reduce the elections of members for that House to more and more perfection of equality in the distribution, freedom in the election, order in the proceeding thereto, and certainty in the returns, which orders and rules (in that case) to be as laws.

8. That there be a liberty for entering dissents in the House of Commons, with provision that no member be censurable for aught said or voted in the House further than to exclusion from that trust; and that only by the judgment of the House itself.

9. That the judicial power, or power of final judgment in the Lords and Commons, and their power of exposition and application of law, without further appeal, may be cleared; and that no officer of justice, minister of state, or other person adjudged by them, may be capable of protection or pardon from the King without their advice and consent.

10. That the right and liberty of the Commons of England may be cleared and vindicated as to a due exemption from any judgment, trial, or other proceeding against them by the House of Peers, without the concurring judgment of the House of Commons; as also from any other judgment, sentence or proceeding against them, other than by their equals, or according to the law of the land.

11. The same Act to provide that grand jurymen may be chosen by and for several parts or divisions of each county respectively, in some equal way (and not remain, as now, at the discretion of an undersheriff to be put on or off); and that such grand jurymen for their respective counties may at each assize present the names of persons to be made justices of the peace from time to time as the country hath need for any to be added to the Commission, and at the summer assize to present the names of three persons, out of whom the King may prick one to be sheriff for the next year.

[II vests the power of the militia in the Lords and Commons in Parliament for ten years (to be administered in the intervals of Parliaments by a committee or council of their appointment); and thereafter in the King, only as he acts with their advice and consent.

III provides for a Council of State and defines its powers.

IV—X provide for a series of necessary Acts of Parliament: for appointment to the great offices of state by the Lords and Commons for ten years, and thereafter by the King from their nominees; for restraining all peers created since 21st May 1642 from parliamentary functions, unless with the consent of both Houses; for recalling all declarations against the Parliament, &c. &c.]

XI. An Act to be passed to take away all coercive power, authority, and jurisdiction of bishops and all other ecclesiastical officers whatsoever, extending to any civil penalties upon any; and to repeal all laws whereby the civil magistracy hath been or is bound, upon any ecclesiastical censure to proceed (ex officio) unto any civil penalties against any persons so censured.

XII. That there be a repeal of all Acts, or clauses in any Act, enjoining the use of the Book of Common Prayer and imposing any penalties for neglect thereof; as also of all Acts, or clauses in any Act, imposing any penalty for not coming to church, or for meetings elsewhere for prayer or other religious duties, exercises, or ordinances; and some other provision to be made for discovering of Papists and Popish recusants, and for disabling of them, and of all Jesuits or priests, from disturbing the state.

XIII. That the taking of the Covenant be not enforced upon any, nor any penalties imposed on the refusers, whereby men might be constrained to take it against their judgments or consciences; but all orders or ordinances tending to that purpose to be repealed.

XIV. That, the things here before proposed being provided, for settling and securing the rights, liberties, peace, and safety of the kingdom, His Majesty’s person, his Queen, and royal issue, may be restored to a condition of safety, honour and freedom in this nation, without diminution to their personal rights, or further limitation to the exercise of the regal power than according to the particulars aforegoing.

[XV provides for exclusions from the Act of Oblivion, and for composition on terms not to exceed a fixed rate set forth.]

XVI. That there may be a general Act of Oblivion to extend unto all (except the persons to be continued in exception as before), to absolve from all trespasses, misdemeanours, &c., done in prosecution of the war; and from all trouble or prejudice for or concerning the same (after their compositions passed), and to restore them to all privileges, &c., belonging to other subjects, provided as in the fourth particular under the second general head aforegoing concerning security. * * *

Next to the Proposals aforesaid for the present settling of a peace, we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare, ease, and just satisfaction of the kingdom, and in special manner:

I. That the just and necessary liberty of the people to represent their grievances and desires by way of petition, may be cleared and vindicated, according to the fifth head in the late Representation or Declaration of the Army sent from St. Albans.

II. That (in pursuance of the same head in the said Declartion) the common grievances of the people may be speedily considered of, and effectually redressed, and in particular:

1. That the excise may be taken off from such commodities whereon the poor people of the land do ordinarily live, and a certain time to be limited for taking off the whole;

2. That the oppressions and encroachments of forest laws may be prevented for the future;

3. All monopolies, old or new, and restraints to the freedom of trade to be taken off;

4. That a course may be taken, and commissioners appointed, to remedy and rectify the inequality of rates lying upon several counties, and several parts of each county in respect of others, and to settle the proportions for land-rates to more equality throughout the kingdoms; in order to which we shall offer some further particulars, which we hope may be useful;

5. The present unequal troublesome and contentious way of ministers’ maintenance by tithes to be considered of, and some remedy applied;

6. That the rules and course of law, and the officers of it, may be so reduced and reformed as that all suits and questions of right may be more clear and certain in the issues, and not so tedious nor chargeable in the proceedings as now; in order to which we shall offer some further particulars hereafter;

7. That prisoners for debt or other creditors (who have estates to discharge them) may not by embracing imprisonment, or any other ways, have advantage to defraud their creditors, but that the estates of all men may be some way made liable to their debts (as well as tradesmen are by commissions of bankrupt), whether they be imprisoned for it or not; and that such prisoners for debt who have not wherewith to pay, or at least do yield up what they have to their creditors, may be freed from imprisonment, or some way provided for, so as neither they nor their families may perish by their imprisonments.

8. Some provision to be made, that none may be compelled by penalties, or otherwise, to answer unto questions tending to the accusing of themselves or their nearest relations in criminal causes; and no man’s life to be taken away under two witnesses.

9. That consideration may be had of all statutes, and the laws or customs of corporations, imposing any oaths either to repeal or else to qualify and provide against the same, so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people, merely for nonconformity in religion.

III. That, according to the sixth head in the Declaration of the Army, the large powers given to committees or deputy-lieutenants during the late times of war and distraction, may be speedily taken into consideration, to be recalled and made void, and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way, and left to as little arbitrariness as the nature and necessity of the things wherein they are conversant, will bear.

IV. That, according to the seventh head in the said Declaration, an effectual course may be taken that the kingdom may be righted, and satisfied in point of accounts for the vast sums that have been levied.

V. That provision may be made for payment of arrears to the Army, and the rest of the soldiers of the kingdom who have concurred with the Army in the late desires and proceedings thereof; and in the next place for payment of the public debts and damages of the kingdom; and that to be performed first to such persons whose debts or damages (upon the public account) are great, and their estates small, so as they are thereby reduced to a difficulty of subsistence. In order to all which, and to the fourth particular last preceding, we shall speedily offer some further particulars (in the nature of rules), which we hope will be of good use towards public satisfaction. * * *

But . . . I must not . . . beguile you . . . by styling them The Army’s Proposals. * * * I scarce believe they passed a General Council before they were published. But that’s not all; for they last of all passed the King’s eye, and therefore it is no wonder that he moved for a personal treaty upon those Proposals. * * *

When the Proposals were first composed there was a small restriction of the King’s negative voice: it was agreed to be proposed that whatsoever bill should be propounded by two immediate succeeding Parliaments should stand in full force and effect as any other law, though the King should refuse to consent. By this the people should not have been absolutely vassals to the King’s will: they should have been under some possibility of relief under any growing oppressions. But this entrenched too much upon the King’s interest to be insisted upon. * * *

In that rough draft it was proposed that all who have been in hostility against the Parliament be incapable of bearing office of power or public trust for ten years, without consent of Parliament. But in further favour of the King’s interest, these ten years of excluding delinquents from power or trust, were changed to five years.

It was further added, after this intercourse with the King, that the Council of State should have power to admit such delinquents to any office of power or trust before those five years were expired; and thus by the King’s insinuations to that council (if any such should be constituted), and their own relations’, the greatest delinquents in England would be in the greatest trust before twelve months’ end.

In the composure of the Proposals it was desired that an act for the extirpation of bishops might be passed by the King. But if there should be none to preach up the King’s interest, and by flattering, seducing words to beguile the people, and foster high imaginations and superstitious conceits of the King in their hearts under the rude and general notion of authority, his lordliness and tyranny would be soon distasted. And therefore this proposal was so moderated that the office and function of the bishops might be continued; and it is now only proposed that the coercive power and jurisdiction of bishops, extending to any civil penalties upon any, be abolished.

After this treaty with the King, the proposal for passing an Act to confirm the sale of bishops’ lands was wholly obliterated; and though the Army afterwards desired the Parliament to proceed in the sale and alienation of those lands, yet that was none of their proposals in order to a peace with the King. But according to their proposals for a settled peace, the King was first to be established on his throne with his usurped power of a negative voice to all laws or determinations of Parliament, and then they knew that the King might be at his choice whether he would permit an alienation of these lands. * * *

You have seen the stream of power declared to proceed from a false fountain, the King’s will; the right to command your persons in the exercise of the militia, given away to the capital enemy; and a respect of persons allowed in the execution of the laws. Yet . . . I have not searched all your wounds received from your pretended friends. Let me search two or three more.

First, by the Proposals the people are made to depend upon the King’s absolute will for the redress of all the grievances and oppressions under which they have groaned so many years. It is proposed, that the King be restored to the exercise of the regal power, part whereof, in the King[’s] and their interpretation, is his negative voice, before the least common grievance be redressed, a burden removed. Compare the fourteenth proposal with the thirteen preceding. By this whenever the Parliament shall remember their duty to study redress for the people’s grievances, they shall but sow the wind and reap the whirlwind, unless they gain the concurrence of the King’s will. Then in case the brutish vassalage under unknown laws, and worse than Turkish manner of their execution, should be laid to heart, and redress prepared; if it should be endeavoured to cut off those excretions of nature, the great lawyers, which grow up out of the ruins and decays of the natural members of the body politic; if the oppressions by unjust judges, justices and other officers, by illegal imprisonments during pleasure, by examining upon interrogatories, and those other oppressions by forced oaths, tithes, monopolies, forest laws, &c., should have suitable remedy contrived: yet the people’s good of all such labours shall depend solely upon the King’s will. Though the degrees of oppression, injustice, and cruelty are the turning stairs by which he ascends to his absolute stately majesty and greatness; yet he must be depended upon to remove oppressions. * * * Cleanliness must come forth out of uncleanness in the abstract. And seeing this is the order wherein the Army proposed the people’s grievances to be redressed, I know no other use of those Proposals than to support the tottering reputation of the grand officers in the minds of such as shall not discern their vanity.

Secondly, by the Proposals all the Commons of England are made to depend upon the King’s absolute creatures for freedom. Although the Lords are the very offspring of the King’s corrupt will, and were never so honoured by the people as to have a trust committed to them to represent any county, yet those Proposals invest them with the highest authority, only because of the King’s patent:

1. The Proposals allow them a power over the militia, co-ordinate and co-equal to the Representative of all the nation, the Commons in Parliament. * * *

2. A judicial power in exposition and application of law (in no degree subordinate to the Commons) is estated in the Lords, by the ninth particular of the first proposal; so that any sentence of the Commons, representing all England, may be contradicted by five or six Lords, by virtue of the King’s patent. And likewise they are invested by the fourth proposal with a power equal to the Commons in the disposing all the offices of power and trust in the nation; and the third particular of the second proposal allows them the same power in raising of money for the public service. And a restriction to their usurpation of a negative voice to all the resolutions of the Commons, is not once named or intimated, although Ireton himself hath confessed in their councils that the King by his oath is obliged to confirm such laws as the Commons should choose—the word vulgus in the King’s oath, signifying people or folk, excludes the Lords totally from any right to intermeddle in making laws. And further the Proposals connive at least (in the tenth particular of the first proposal) at the Lords’ constant treasonable subversion of the fundamental laws of England, by molesting, summoning, attaching, and imprisoning the Commons, over whom by the known laws they have no original jurisdiction.

Indeed it is offered that the Commons’ liberty may be cleared as to an exemption from any judgment of the Peers, without the concurring judgment of the House of Commons. But the Lords’ barbarous cruelty in vexing and imprisoning the Commons at their pleasure, and during their pleasure, is not motioned to be restrained: but it is rather insinuated that the Lords may pass upon the Commons and then desire the Commons’ concurrence. Thus they indulge the Lords in their most palpable injustice and open violation of the ancient English liberties contained in Magna Charta, and lately confirmed in the Petition of Right.

And does not this practice run parallel with this proposal? Has not Cromwell suffered that gallant champion for English freedom, Lieutenant-Colonel John Lilburne, to consume in prison by that usurped lordly power? Yea, though Cromwell first engaged him against the lordly usurpation and tyranny, by impeaching the Earl of Manchester for his treachery; yet hath he not unworthily deserted both the prosecution of justice against him, and left his implored assistant alone to maintain the hazardous contest or to be crushed to pieces by their potency? * * *

Whereas the grievances, dissatisfactions and desires of the Army, both as Commoners and soldiers, hath been many months since represented to the Parliament, and the Army hath waited with much patience to see their common grievances redressed and the rights and freedoms of the nation cleared and secured; yet upon a most serious and conscientious view of our Narratives, Representations, Engagement, Declarations, Remonstrances, and comparing with those the present state of the Army and kingdom, and the present manner of actings of many at the Headquarters, we not only apprehend nothing to have been done effectually, either for the Army or the poor oppressed people of the nation, but we also conceive that there is little probability of any good without some more speedy and vigorous actings.

In respect of the Army, there hath been hitherto no public vindication thereof about their first Petition, answerable to the ignominy of declaring them enemies to the state and disturbers of the peace; no public clearing nor repairing of the credit of the officers, sent for about that petition as delinquents; no provision for apprentices, widows, orphans, or maimed soldiers, answerable to our reasonable addresses propounded in their behalf; no such indemnity as provideth security for the quiet, ease or safety of the soldiers disbanded or to be disbanded; no security for our arrears, or provision for present pay to enable the Army to subsist without burdening the distressed country.

And in respect to the rights and freedoms of ourselves and the people, that we declared we would insist upon, we conceive there is no kind or degree of satisfaction given. There is no determinate period of time set when the Parliament shall certainly end. The House is in no measure purged, either from persons unduly elected or from delinquents that appeared to be such at the Army’s last insisting upon their rights, or since; the honour of the Parliamentary authority not cleared and vindicated from the most horrid injustice of that declaration against the Army for petitioning, nor of suppressing and burning petitions, abusing and imprisoning petitioners. But those strange precedents remain upon record to the infamy of Parliamentary authority and the danger of our own and the people’s freedoms. The people are not righted nor satisfied in point of accounts, for the vast sums of money disbursed by them. None of the public burdens or oppressions by arbitrary committees, injustice in the law, tithes, monopolies and restraint of free trade, burdensome oaths, inequality of assessments, excise (and otherwise), are removed or lightened. The rights of the people in their Parliaments, concerning the nature and extent of that power, are not cleared and declared. So that we apprehend our own and the people’s case, little (if in any measure) better since the Army last hazarded themselves for their own and the people’s rights and freedoms. Nay, to the grief of our hearts we must declare that we conceive the people and the Army’s case much impaired since the first rendezvous at Newmarket when that Solemn Engagement was entered into. * * *

In the Engagement, . . . the Army promised, every member thereof, each to other and to the Parliament and kingdom, that they would neither disband nor divide, nor suffer themselves to be disbanded or divided, until satisfaction should be given to the Army in relation to their grievances and desires, and security that neither the Army nor the free-born people of England should remain subject to such injuries, oppression and abuse, as the corrupt party in the Parliament then had attempted against them.

Secondly, the train of artillery is now to be disbanded before satisfaction or security is given to the whole Army in relation to themselves or other the free-born people, either in respect to their grievances or desires. And when the strength or sinews of the Army be broken, what effectual good can be secured for themselves or the people in case of opposition?

Thirdly, the Army is divided into quarters so far distant that one part is in no capability to give timely assistance to another if any design should be to disband any part by violence suddenly. . . . And as we conceive this dividing of the Army before satisfaction or security (as aforesaid) to be contrary to the Army’s intention in their engagement at the said rendezvous, so we conceive it hath from that time given all the advantage to the enemies to band and design against the Army, whereby not only pay hath been kept from the soldiers, and security for arrears prevented, but the kingdom was endangered to have been embroiled in blood, and the settlement of the peace and freedom of the nation hath been thus long delayed.

The whole intent of the Engagement, and the equitable sense of it, hath been perverted openly by affirming, and by sinister means making seeming determinations in the Council, that the Army was not to insist upon, or demand any security for, any of their own or other the free-born people’s freedoms or rights, though they might propound anything to the Parliament’s consideration. And according to that high breach of their engagement their actions have been regulated, and nothing that was declared formerly to be insisted upon hath been resolvedly adhered to, or claimed as the Army’s or the people’s due. And we conceive it hath been by this means that the soldier hath had no pay constantly provided, nor any security for arrears given them, and that hitherto they could not obtain so much as to be paid up equally with those that did desert the Army. . . .

Fourthly, in the prosecution of this breach there hath been many discouragements of the Agitators of the regiments in consulting about the most effectual means for procuring the speedy redress of the people’s grievances, and clearing and securing the native rights of the Army and all others the free Commons.

It hath been instilled into them that they ought not to intermeddle with those matters, thereby to induce them to betray the trust the regiments reposed in them. And for that purpose the endeavours of some hath been to persuade the soldier that their Agitators have meddled with more than concerned them. In the Declaration of June 14, . . . it was declared that the Army would adhere to their desires of full and equal satisfaction to the whole soldiery of the kingdom (in arrears, indemnity, and all other things mentioned in the papers that contained the grievances, dissatisfactions and desires), who did then, or should afterward, concur with this Army in these desires. * * *

Sixthly, in the same declaration . . . it is declared that the Army took up arms in judgment and conscience for the people’s just rights and liberties, and not as mercenary soldiers, hired to serve an arbitrary power of the state, and that in the same manner it continued in arms at that time. And . . . it was declared that they proceeded upon the principles of right and freedom, and upon the law of nature and nations. But the strength of the endeavours of many hath been and are now spent to persuade the soldiers and Agitators that they stand as soldiers only to serve the state, and may not as free Commons claim their right and freedom as due to them, as those ends for which they have hazarded their lives, and that the ground of their refusing to disband was only the want of arrears and indemnity. * * *

Eighthly, in the Declaration of June 14 . . . (as in all other remonstrances and declarations) it was desired that the rights and liberties of the people might be secured before the King’s business should be considered. But now the grievances of the people are propounded to be considered after the restoring him to the regal power, and that in such a way according to the Proposals, viz., with a negative voice, that the people that have purchased by blood what was their right, of which the King endeavoured to deprive them, should yet solely depend on his will for their relief in their grievances and oppressions; and in like manner the security for the Army’s arrears is proposed to be considered after the business of the King be determined, so that there is a total declension since the method formerly desired in the settling the peace of the nation. * * *

Tenthly, when imminent ruin to the whole nation was apprehended by means of the multitudes of corrupted members of Parliament, diverting and obstructing all good proceedings, then the purging of the House in part, from one kind of delinquents, was again insisted upon, and a solemn protestation was passed in the Remonstrance from Kingston . . ., that the Army would not permit those to sit in the House, that usurped the name and power of Parliamentary authority when the Parliament was by violence suspended, and endeavoured to raise a war to destroy the Parliament and Army, but that they would take some effectual course to restrain them from sitting there, that the people might be concluded only by those members that are free from such apparent treacherous breaches of their trust.

But hitherto this engagement for purging the House from those delinquents, whose interest engages them to be designing mischief against the people and Army, is declined and broken, to the black reproach and foulest infamy of the Army; and now these strong cords are cut in sunder and so forgotten that there are no visible endeavours or intentions to preserve the honour of the Army in its faithfulness to its engagement and protestation.

Thus all promises of the Army to the people that petitioned his Excellency and the Army to stand for the national interest, freedoms, and rights, are hitherto wholly declined, and the law of nature and nations now refused by many to be the rule by which their proceedings should be regulated. They now strip themselves of the interest of Englishmen, which was so ill resented when it was attempted by the malice of the enemies. And thus the people’s expectations that were much greatened, and their hopes of relief in their miseries and oppressions, which were so much heightened, are like to be frustrate, and while you look for peace and freedom the flood-gates of slavery, oppression and misery are opened upon the nation. . . .

The mischiefs, evils and dangers which are and will be the necessary consequence of the Army’s declining or delaying the effectual fulfilling of its first engagement, promises and declarations, or of its neglect to insist positively upon its first principles of common right and freedom. * * *

Now we cannot but declare that these sad apprehensions of mischiefs, dangers and confusion gaping to devour the Army, hath filled our hearts with troubles, that we never did, nor do regard the worst of evils or mischiefs that can befall ourselves in comparison to the consequence of them to the poor nation, or to the security of common right and freedom. We could not but, in real (not formal, feigned) trouble of heart for the poor nation and oppressed people, break forth and cry, ‘O our bowels! our bowels! we are troubled at the very heart to hear the people’s doleful groans.’ And yet their expected deliverers will not hear or consider. They have run to and fro, and sighed or even wept forth, their sorrows and miseries in petitions, first to the King, then to the Parliament, and then to the Army; yet they have all been like broken reeds, even the Army itself, upon whom they leaned, have pierced their hands. Their eyes even fail with looking for peace and freedom, but behold nothing but distraction, oppression, and trouble; and could we hope that help is intended, yet the people perish by delays. We wish therefore that the bowels of compassion in the whole Army might yearn towards their distressed brethren, and that they might with one consent ask each to other: ‘Come let us join together speedily, to demand present redress for the people’s grievances and security for all their and our own rights and freedoms as soldiers and Commoners. Let us never divide each from other till those just demands be answered really and effectually, that so for the people’s ease as many forces as are not absolutely necessary may be speedily disbanded and our honour may be preserved unspotted, when they shall see that we minded not our own interest, but the good, freedom, and welfare of the whole nation.’ Now to all that shall thus appear we propound:

[1] That whatsoever was proposed to be insisted on either in the Declaration of June the fourteenth, or the Remonstrance [of] June 23, and in the Remon[strance] from Kingston, August 18, be adhered to resolvedly, so as not to recede from those desires until they be thoroughly and effectually answered. More particularly, . . . whereas it appears by positive laws and ancient just customs that the people have right to new successive elections for Parliaments at certain periods of time, and that it ought not to be denied them, being so essential to their freedom that without it they are no better than slaves (the nature of that legislative power being arbitrary), . . . that therefore it be insisted on so positively and resolvedly, as not to recede from it.

[2] That a determined period of time be forthwith set wherein this Parliament shall certainly be dissolved, provided also that the said period be within nine or ten months next ensuing, that so there may be sufficient time for settling of peace and freedom. * * *

5. Whereas Parliaments rightly constituted are the foundation of hopes of right and freedom to this people, and whereas the people have been prevented of Parliaments, though many positive laws have been made for a constant succession of Parliaments, that therefore it be positively and resolvedly insisted upon that a law paramount be made, enacting it to be unalterable by Parliaments, that the people shall of course meet without any warrants or writs once in every two years upon an appointed day in their respective countries, for the election of the representers in Parliament, and that all the free-born at the age of twenty-one years and upwards be the electors, excepting those that have or shall deprive themselves of that their freedom, either for some years or wholly, by delinquency, and that the Parliament so elected and called may have a certain period of time set, wherein they shall of course determine, and that before the same period they may not be adjournable and dissolvable by the King, or any other except themselves.

[6] Whereas all power is originally and essentially in the whole body of the people of this nation, and whereas their free choice or consent by their representers is the only original or foundation of all just government, and the reason and end of the choice of all just governors whatsoever is their apprehension of safety and good by them, that it be insisted upon positively, that the supreme power of the people’s representers, or Commons assembled in Parliament, be forthwith clearly declared: as their power to make laws, or repeal laws (which are not or ought not to be unalterable), as also their power to call to an account all officers in this nation whatsoever, for their neglect or treacheries in their trust for the people’s good, and to continue or displace and remove them from their offices, dignities or trust, according to their demerits by their faithfulness or treachery in the business or matters wherewith they are entrusted. And further that this power to constitute any kind of governors or officers that they shall judge to be for the people’s good be declared, and that, upon the aforesaid considerations, it be insisted upon, that all obstructions to the freedom and equality of the people’s choice of their representers, either by patents, charters, or usurpations by pretended customs, be removed by these present Commons in Parliament, and that such a freedom of choice be provided for, as the people may be equally represented. This power of Commons in Parliament is the thing against which the King hath contended, and the people have defended with their lives, and therefore ought now be demanded as the price of their blood.

[7] That all the oppressions of the poor by excise upon beer, cloth stuffs, and all manufactories and English commodities, be forthwith taken off, and that all excise be better regulated, and imposed upon foreign commodities, and a time set wherein it shall certainly end, if there be a necessity of its present continuance on such commodities. * * *

And it is further offered, that because the people are under much oppression and misery it be forthwith the whole work of the Parliament to hear, consider of, and study effectually redress for, all common grievances and oppressions, and for the securing all other the people’s rights and freedoms, besides all these aforementioned; and in particular . . . that all the orders, votes, ordinances, or declarations, that have passed either to discountenance petitions, suppress, prevent, or burn petitions, imprison or declare against petitioners, being dangerous precedents against the freedom of the people, may be forthwith expunged out of the Journal-books, and the injustice of them clearly declared to all the people, and that in such a declaration the soldiery be vindicated as to the right and equity of their first petition. * * *

And it is further offered: . . . whereas millions of money have been kept in dead stocks in the City of London, the halls and companies, and the freemen of the City could never obtain any account thereof according to their right, that therefore a just and strict account may be forthwith given to all the freemen of any those dead stocks; and . . . whereas there hath been nothing paid out of those, nor for the lands pertaining to the City, whiles the estates of others have been much wasted by continual payments, that therefore proportionable sums to what other estates have paid may be taken out of those dead stocks and lands, which would amount to such vast sums as would pay much of the soldiers’ arrears without burdening the oppressed people.

And it is further offered, that forest lands, and deans’ and chapters’ lands be immediately set apart for the arrears of the Army, and that the revenue of these, and the residue of bishops’ lands unsold, till the time of sale may be forthwith appointed to be paid into our treasury, to be reserved for the soldiers’ constant pay. And it is to be wished that only such part of the aforesaid lands be sold as necessity requires to satisfy the soldiery for arrears, and that the residue be reserved and improved for a constant revenue for the state, that the people may not be burdened, and that out of the revenues public debts may be paid. . . .

And it’s further offered for the people’s ease, that the arrears of all former assessments be duly collected from those who have sufficient estates, and have not been impoverished by the war.

And whereas it’s conceived that the fees of receivers of customs and excise, if they were justly computed, would amount to near as much as the Army’s pay, it is therefore offered that speedy consideration be had of the multitude of those officers and their excessive fees and profits. . . .

And for the ease and satisfaction of the people it’s further to be insisted on, that the charge of all the forces, to be kept up in the kingdom by sea or land, be particularly computed and published, and that all taxes that shall be necessary, may be wholly proportioned according to that charge; and that there be an equal rate propounded throughout the kingdom in all assessments, that so one town may not bear double the proportion of another of the same value. * * *

These things propounded are no more than what we conceived should have been thoroughly done long since, being as to the principle of them but the substance and equitable sense of the former Declarations, Remonstrances, and Representations. And therefore, though our restless desires of the people’s good and of the welfare of the Army have constrained us thus publicly to state our case and the remedy, according to the best improvement of the small talent of understanding that God hath given freely to us; yet let not the matter be prejudged because of the unworthy authors, neither let it be thought presumption. It may be remembered that the father’s danger made a dumb child to speak, and the Army’s, yea all the people’s, dangers and miseries have wrested open our mouths, who had otherwise been silent in this kind to the grave.

And let it not be thought that we intend the division of the Army. We profess we are deeply sensible and desire all our fellow soldiers to consider it: in case the union of the Army should be broken (which the enemy wait for) ruin and destruction will break in upon us like a roaring sea. But we are much confident that the adhering to those desires and to that speedy way of attaining our just ends for which we first engaged, cannot be interpreted to be a desire of division, but the strongest vigorous endeavours after union. And though many whom we did betrust have been guilty of most supine negligence, yet we expect that the same instruction of judgment and conscience that (we have all professed) did command us forth at first for the people’s freedom, will be again so effectual that all will unanimously concur with us; so that a demand of the people’s and Army’s rights shall be made by the whole Army as by one man; that then all the enemies to, or obstructors of, the happy settlement of common right, peace and freedom, may hear of our union and resolution, and their hands may be weak, and their hearts may fail them; and so this Army that God hath clothed with honour in subduing the common enemy, may yet be more honourable in the people’s eyes when they shall be called the repairers of their breaches, and the restorers of their peace, right, and freedom. * * *

But it may be some would affright you from owning your case as it’s now offered, by suggesting that it’s irregular and disorderly for the soldiers to join in anything before their officers, or that it’s contrary to law for you to demand your rights, or that it’s a resisting of authority, but we desire that our Declaration of June 14 . . . might be reviewed, wherein it appears that the Parliament hath declared that the equitable sense of the law is supreme to the letter, and doth dispense with it when a people’s safety is concerned; and that all authority is fundamentally seated in the office, and but ministerially in the persons; and that therefore it’s no resisting of authority or magistracy to side with the just principles and law of nature and nations, to preserve a people from perishing. And let it be remembered, that if you had not joined together at first, and chose your Agents to act for you when your officers thought it not safe for them to appear, you had been now in no capacity to plead for your own or the people’s freedom. And let it be considered that Scotland associated in covenant, and so by consent composed an army to stand upon principles of right and freedom when they had no visible form either of Parliament or King to countenance them, and they were therein justified and protected by their own and this nation, and may not this Army expect justly to be in like manner protected and justified in their joining together to insist upon the settlement of those freedoms which they have purchased with their blood out of the hands of the common enemy, which God hath subdued by them?

But if any envious tongues shall be blasting us with anarchy, clamouring that we intend to destroy government in the kingdom and Army and bring all into confusion, we suppose the assertion itself is so irrational that it will rather give you the true character of every such asperser than reflect upon us to our prejudice. Let it be observed that the chief foundation for all our rights and freedoms, which we are resolved most absolutely to insist upon, is a certainty of a constant Parliament every two years, and a certain time for their sitting and ending; and a sure establishment of the just power that the people betrust to those their representatives in their election, that they may make laws and repeal laws, place and displace all magistrates, and exercise all other power according to their trust, without the consent or concurrence of any other person or persons whatsoever. And we appeal to all rational men, whether in this we strive not for the freedom that we first engaged to maintain. * * *

Now it may be when the justice of our endeavours shall shine through all other reproaches, some will be muttering that we have designed to divide the Army, or the soldiers from the officers. But we appeal to your own consciences, whether persuasions to be faithful in observing our declarations, promises, and engagement, wherein we joined unanimously, tend to division. Is not this the sum of all that we have offered, viz., that your own and the people’s necessities, and the imminent danger of ruin, or at least slavery, to you and them, calls you to renew your union in the former desires, and in insisting upon suitable answers speedily, lest you and the people be confounded and perish by delays? And is this to divide? And as for rending from officers, let it be remembered that though the soldiers acted without them at first, yet those who were faithful did afterward concur with them. * * *

Honourable: Not to repeat to ye the sad outcries of a poor nation for justice and righteousness, the departure of the hearts of many Christians generally from you, the late testimonies of some in your own bowels, the withdrawing of that glory the Lord formerly clothed ye withal. But this I know: ye have not discharged yourselves to the people in such things as they justly expected from ye, and for which ye had that spirit of righteousness first put upon ye by an Almighty Power, and which carried you on upon a conquering wing. The wisdom of the flesh hath deceived and enticed, and that glorious principle of Christian liberty which we advanced in at first (I speak as to Christians) hath been managed too much in the flesh.

Now if the Lord hath opened to any of ye the unsoundness of any principle then, or in the management of them, I hope he will show ye a better course and path to walk in. And now ye are met in council, the Lord make ye to hearken to one another from the highest to the meanest, that the voice of God, wheresoever it speaks, may not be despised. And think it no shame to pass over into more righteous engagements. That wisdom which is from above is easy to be entreated. Look over your first Engagements, and compare them with your proceedings, that you may see what you have done, what you must do. I know it is unsavoury to nature to be accused or taxed, but I hope there will be found that spirit in you, that will esteem the wounds of a friend better than the kisses of an enemy. I write, I know, to such who in their first love were a people loving God and his appearances in the meanest Christian, and such as pursued the good and happiness of the kingdom cordially. And if the Lord hath not thought to take off the spirit of righteousness from ye and put it upon another people, he will give you to discern this last temptation wherein Satan hath desired to winnow ye, and ye shall be a diadem once more in the hands of the Lord. For myself, as I am myself, there is neither wisdom nor counsel in me; but if the Lord hath breathed on my weakness for your sakes, I shall rejoice in that mercy and grace of his. I rest,

Take heed of crafty politicians and subtle Machiavelians, and be sure to trust no man’s painted words; it being high time now to see actions, yea, and those constantly upright too. If any man (by bringing forth unexpected bitter fruits) hath drawn upon himself a just suspicion, let him justly bear his own blame. * * *

One of the surest marks of deceivers is to make fair, long and eloquent speeches, but a trusty or true-hearted man studieth more to do good actions than utter deceitful orations. And one of the surest tokens of confederates in evil is not only, when one of his fellows is vehement, fiery or hot in any of their pursuits, to be patient, cold or moderate, to pacify his partner, and like deceitful lawyers before their clients to qualify matters, but sometimes seem to discord or fall out, and quarrel in counsels, reasonings and debates, and yet nevertheless in the end to agree in evil; which they do purposely to hold upright men in a charitable (though doubtful) opinion, that if such and such a man be not godly and upright, they know not whom in the world to trust, whiles in the meantime under the vizards of great professions, gilded with some religious actions, they both deceive the world and bring their wicked designs and self-interests to pass.

Those of you that use your Thursday General Councils of late might have observed so much of this kind of juggling, falsehood, and double dealing, as might have served to some good use at this point of extremity. But truly most that have been there have been deluded, to our great grief, which appeareth by the unreasonable proceedings of that court, as in many things, so especially in their debates about the aforesaid Case of the Army, now published and subscribed by you. Wherein though the General was so ingenuous as to move for the public reading thereof, yet the Commissary - General Ireton and Lieutenant-General Cromwell, yea, and most of the court, would and did proceed to censure and judge both it and the authors and promoters thereof, without reading it, and ever since do impudently boast and glory in that their victory. * * *

In the Council they held forth to you the bloody flag of threats and terrors, talked of nothing but faction, dividing principles, anarchy, of hanging, punishing, yea, and impudently maintained that your regiments were abused and the aforesaid Case not truly subscribed, and did appoint a Committee ad terrorem. And abroad they hold forth the white flag of accommodation and satisfaction, and of minding the same thing which ye mind, and to be flesh of your flesh and bone of your bone, and to invite you to their headquarters, where they hope either to work upon you as they have most lamentably done upon others, even to betray your trust, confound both your understandings and counsels, corrupt your judgments, and blast your actions. And though they should not prevail with you, yet there they keep so great a state and distance that they suppose ye will not dare to make good the things ye have published. * * *

If ye do adventure to go thither, beware that ye be not frighted by the word anarchy, unto a love of monarchy, which is but the gilded name for tyranny; for anarchy had never been so much as once mentioned amongst you had it not been for that wicked end. ’Tis an old threadbare trick of the profane Court and doth amongst discreet men show plainly who is for the Court and against the liberties of the people, who, whensoever they positively insist for their just freedoms, are immediately flapped in the mouths with these most malignant reproaches: ‘Oh, ye are for anarchy. Ye are against all government. Ye are sectaries, seditious persons, troublers both of church and state, and so not worthy to live in a commonwealth. There shall be a speedy course taken both against you and such as you. Away with all such from Parliament-doors and Headquarters!’

And if ye can escape these delusions (as through God’s assistance, we trust, ye will), and not be satisfied with half or quarter remedies, or things holding a shadow only of good without the substance, we cannot in the least doubt of your good success, being firmly resolved to stand by you and to live and die with you.

Ye had need to be well armed and fortified against the devices that will be put upon you. Ireton (ye know) hath already scandalized The Case of the Army in the General Council. Where, by his own and his confederate’s craft and policy, he reigneth as sole master, insomuch as those friends ye have there (which we hope ye will see in due time not to be few) find it to little purpose to show themselves active in opposing him. And as he undertook so hath he answered your Case; wherein he showeth himself so full of art and cunning, smooth delusion (being skilled in nothing more), and if ye did not sensibly know the things to be really and experimentally true, which ye have therein expressed and published, ’tis ten to one but he would deceive you.

This is certain. In the House of Commons both he and his father Cromwell do so earnestly and palpably carry on the King’s design that your best friends there are amazed thereat, and even ready to weep for grief to see such a sudden and dangerous alteration. And this they do in the name of the whole Army, certifying the House that if they do not make further address to the King, they cannot promise that the Army will stand by them if they should find opposition. And what is this but as much in effect as in the name of the whole Army to threaten the House into a compliance with the King, your most deadly enemy, and who, if things go on thus, will deceive both you and them, yea, and all that act most for him?

To what purpose then should you either debate, confer, or treat with such false sophisters or treacherous deceivers as these, who, like the former courtiers, can always play the hypocrites without any check of conscience? To what end should ye read or spend time to consider what they either write or speak, it being so evident that as they did intend so they proceed to hold you in hand till their work be done?

But if you will show yourselves wise, stop your ears against them. Resist the devil and he will fly from you. Hold not parley with them, but proceed with that just work ye have so happily begun, without any more regarding one word they speak. For their consciences being at liberty to say or do anything which may advance their own ends, they have great advantage against you whose consciences will not permit you to say or do anything but what is just and true and what ye mean to perform, they having shamefully proved themselves to be large promisers, thereby to deceive both you and all the people, but the worst performers that ever lived.

And therefore, certainly, ye have no warrant from God to treat either with them or their deceitful instruments, who will be speedily (in great numbers) sent amongst you. But as ye know most of them for evil, so are ye to avoid them as the most venomous serpents, and fail not in this your just enterprise to cast yourselves chiefly upon God in the use of all the knowledge, experience, means, and power, wherewith he hath furnished you; and secondly upon the people, who will be ready with all their might and strength to assist you whilst ye are faithful and real[ly] for them. Join and be one with them in heart and hand, with all possible speed, in some substantial and firm Agreement for just freedom and common right, that this nation may no longer float upon such wavering, uncertain, and sandy foundations of government, which have been one of the greatest causes both of all your and our predecessors’ miseries. * * *

Your Adjutators, we hear, are esteemed but as a burden to the chief officers, which we judge to be the reason that all things now are in such a languishing condition. Our hopes die daily within us, and we fear ye will too soon give yourselves and us, with our joint and just cause, into their hands. Ye should have considered that they a long time staggered before they engaged with you, and certainly had never engaged but that they saw no other way nor means to shelter and preserve themselves from the power of Hollis and Stapleton, with their confederates. * * *

We beseech you, . . . commanders and soldiers that are yet untainted in your integrity and have not yet bowed your knees to Baal, that ye will not betray yourselves, your just cause and us, so unworthily, nor seem to distrust that power and wisdom of God by which ye have done so great and mighty works, but that now ye will be bold and courageous for your God and for his people, and for justice against all ungodliness and unrighteousness of men without respect of persons.

And before it be too late, deal plainly with Ireton, by whose cowardly or ambitious policy Cromwell is betrayed into these mischievous practices, and by whose craft the power of your Adjutators is brought to nothing, and by whose dissimulation many of them are corrupted and become treacherous unto you. None but flatterers, tale-bearers, and turn-coats are countenanced by him. Let him know ye know him and hate his courses. Your General Councils, by his imperious carriage, are like unto Star Chambers. A plain man is made an offender for a word.

And if Cromwell instantly repent not and alter his course, let him know also that ye loved and honoured just, honest, sincere, and valiant Cromwell that loved his country and the liberties of the people above his life, yea, and hated the King as a man of blood, but that Cromwell ceasing to be such, he ceaseth to be the object of your love.

And since there is no remedy, ye must begin your work anew. Ye are as ye were at Bury. Ye are no strangers to the way; ye have already made a good beginning, wherein we rejoice. Ye have men amongst you as fit to govern as others to be removed. And with a word ye can create new officers. Necessity hath no law, and against it there is no plea. The safety of the people is above all law. And if ye be not very speedy, effectual, and do your work thoroughly, and not by halves as it hath been, ye and we perish inevitably.

What your General is ye best know, but ’tis too late to live by hopes or to run any more hazards. None can deceive you but whom ye trust upon doubtful terms. Beware of the flattery and sophistry of men, bargain with your officers not to court it in fine or gaudy apparel, nor to regard titles, fine fare, or compliments. Those that do are much more liable to temptations than other men. A good conscience is a continual feast, and let your outside testify that ye delight not to be soldiers longer than necessity requires.

Draw yourselves into an exact council, and get amongst you the most judicious and truest lovers of the people ye can find to help you, and let your end be justice without respect of persons, and peace and freedom to all sorts of peaceable people. Establish a free Parliament by expulsion of the usurpers. Free the people from all burdens and oppressions, speedily and without delay. Take an exact account of the public treasure, that public charges may be defrayed by subsidies, tithes abolished, the laws, and proceedings therein, regulated, and free-quarter abandoned.

Let nothing deter you from this, so just and necessary a work. None will oppose you therein, or so long as ye continue sincere and uncorrupted. For all sorts of people have been abused: kings have abused them, parliaments have abused them, and your chief officers have most grossly deceived the honest party. Be confident none will oppose, and be as confident that thousands and ten thousands are ready and ripe to assist you.

Be strong therefore, our dear true-hearted brethren and fellow Commoners, and be of good courage, and the Lord our God will direct you by his wisdom, who never yet failed you in your greatest extremities. Stay for no farther, look for no other call; for the voice of necessity is the call of God. All other ways for your indemnity are but delusive; and if ye trust to any other under the fairest promises, ye will find yourselves in a snare.

Whom can ye trust, who hath not hitherto deceived you? Trust only to justice; for God is a God of justice, and those that promote the same shall be preserved. Free the Parliament from those incendiaries with all your might. The true and just patriots (yea, all but deceivers) therein, long for your assistance, and, that being effectually done, ye may safely put yourselves and the whole nation upon them both for provision, indemnity, and just liberty. * * *

[After a preamble, substantially the same as that of the Second Agreement (above p. 356), the Agreement proceeds:] In order whereunto we declare:

I. That the people of England, being at this day very unequally distributed by counties, cities, and boroughs, for the election of their deputies in Parliament, ought to be more indifferently proportioned, according to the number of the inhabitants; the circumstances whereof, for number, place, and manner, are to be set down before the end of this present Parliament.

II. That to prevent the many inconveniences apparently arising from the long continuance of the same persons in authority, this present Parliament be dissolved upon the last day of September, which shall be in the year of our Lord 1648.

III. That the people do of course choose themselves a Parliament once in two years, viz., upon the first Thursday in every second March, after the manner as shall be prescribed before the end of this Parliament, to begin to sit upon the first Thursday in April following, at Westminster (or such other place as shall be appointed from time to time by the preceding Representatives), and to continue till the last day of September then next ensuing, and no longer.

IV. That the power of this, and all future Representatives of this nation is inferior only to theirs who choose them, and doth extend, without the consent or concurrence of any other person or persons, to the enacting, altering, and repealing of laws; to the erecting and abolishing of offices and courts; to the appointing, removing, and calling to account magistrates and officers of all degrees; to the making war and peace; to the treating with foreign states; and generally to whatsoever is not expressly or impliedly reserved by the represented to themselves.

Which are as followeth:

1. That matters of religion, and the ways of God’s worship, are not at all entrusted by us to any human power, because therein we cannot remit or exceed a tittle of what our consciences dictate to be the mind of God, without wilful sin; nevertheless the public way of instructing the nation (so it be not compulsive) is referred to their discretion.

2. That the matter of impressing and constraining any of us to serve in the wars is against our freedom, and therefore we do not allow it in our representatives; the rather because money (the sinews of war) being always at their disposal, they can never want numbers of men apt enough to engage in any just cause.

3. That after the dissolution of this present Parliament, no person be at any time questioned for anything said or done in reference to the late public differences, otherwise than in execution of the judgments of the present representatives, or House of Commons.

4. That in all laws made, or to be made, every person may be bound alike, and that no tenure, estate, charter, degree, birth, or place, do confer any exemption from the ordinary course of legal proceedings, whereunto others are subjected.

5. That as the laws ought to be equal, so they must be good, and not evidently destructive to the safety and well-being of the people.

These things we declare to be our native rights, and therefore are agreed and resolved to maintain them with our utmost possibilities against all opposition whatsoever, being compelled thereunto not only by the examples of our ancestors, whose blood was often spent in vain for the recovery of their freedoms, suffering themselves, through fraudulent accommodations, to be still deluded of the fruit of their victories, but also by our own woeful experience, who, having long expected, and dearly earned, the establishment of these certain rules of government, are yet made to depend for the settlement of our peace and freedom upon him that intended our bondage and brought a cruel war upon us.

For the noble and highly honoured the free-born people of England, in their respective counties and divisions, these.

For your sakes, our friends, estates, and lives have not been dear to us. For your safety and freedom we have cheerfully endured hard labours and run most desperate hazards, and in comparison to your peace and freedom we neither do, nor ever shall, value our dearest blood. And we profess, our bowels are and have been troubled, and our hearts pained within us, in seeing and considering that you have been so long bereaved of these fruits and ends of all our labours and hazards. We cannot but sympathize with you in your miseries and oppressions. * * * And therefore upon most serious considerations that your principal right, most essential to your well-being, is the clearness, certainty, sufficiency, and freedom of your power in your representatives in Parliament, and considering that the original of most of your oppressions and miseries hath been either from the obscurity and doubtfulness of the power you have committed to your representatives in your elections or from the want of courage in those whom you have betrusted to claim and exercise their power, which might probably proceed from their uncertainty of your assistance and maintenance of their power . . ., and further minding the only effectual means to settle a just and lasting peace, to obtain remedy for all your grievances, and to prevent future oppressions, is the making clear and secure the power that you betrust to your representatives in Parliament, that they may know their trust, in the faithful execution whereof you will assist them: upon all these grounds, we propound your joining with us in the Agreement herewith sent unto you; that by virtue thereof we may have Parliaments certainly called, and have the time of their sitting and ending certain, and their power or trust clear and unquestionable, that hereafter they may remove your burdens and secure your rights, without oppositions or obstructions, and that the foundations of your peace may be so free from uncertainty that there may be no grounds for future quarrels or contentions to occasion war and bloodshed. And we desire you would consider that, as these things wherein we offer to agree with you are the fruits and ends of the victories which God hath given us, so the settlement of these are the most absolute means to preserve you and your posterity from slavery, oppression, distraction, and trouble. By this, those whom yourselves shall choose shall have power to restore you to, and secure you in, all your rights; and they shall be in a capacity to taste of subjection as well as rule, and so shall be equally concerned with yourselves in all they do. For they must equally suffer with you under any common burdens, and partake with you in any freedoms; and by this they shall be disabled to defraud or wrong you when the laws shall bind all alike, without privilege or exemption. And by this your consciences shall be free from tyranny and oppression, and those occasions of endless strifes and bloody wars shall be perfectly removed without controversy. By your joining with us in this Agreement, all your particular and common grievances will be redressed forthwith without delay: the Parliament must then make your relief and common good their only study.

Now because we are earnestly desirous of the peace and good of all our countrymen, even of those that have opposed us, and would to our utmost possibility provide for perfect peace and freedom, and prevent all suits, debates, and contentions that may happen amongst you in relation to the late war; we have therefore inserted it into this Agreement that no person shall be questionable for anything done in relation to the late public differences, after the dissolution of this present Parliament, further than in execution of their judgment; that thereby all may be secure from all sufferings for what they have done, and not liable hereafter to be troubled or punished by the judgment of another Parliament, which may be to their ruin unless this Agreement be joined in, whereby any Acts of Indemnity or Oblivion shall be made unalterable, and you and your posterities be secure.

But if any shall inquire why we should desire to join in an Agreement with the people, to declare these to be our native rights, and not rather petition to the Parliament for them, the reason is evident. No Act of Parliament is, or can be, unalterable, and so cannot be sufficient security to save you or us harmless from what another Parliament may determine if it should be corrupted. And besides Parliaments are to receive the extent of their power and trust from those that betrust them, and therefore the people are to declare what their power and trust is; which is the intent of this Agreement. And it’s to be observed, that though there hath formerly been many Acts of Parliament for the calling of Parliaments every year, yet you have been deprived of them, and enslaved through want of them. And therefore both necessity for your security in these freedoms that are essential to your well-being, and woeful experience of the manifold miseries and distractions that have been lengthened out since the war ended, through want of such a settlement, requires this Agreement. And when you and we shall be joined together therein, we shall readily join with you to petition the Parliament, as they are our fellow Commoners equally concerned to join with us.

And if any shall inquire why we undertake to offer this Agreement, we must profess we are sensible that you have been so often deceived with Declarations and Remonstrances, and fed with vain hopes, that you have sufficient reason to abandon all confidence in any persons whatsoever from whom you have no other security of their intending your freedom than bare declaration. And therefore, as our consciences witness that in simplicity and integrity of heart we have proposed lately, in The Case of the Army Stated, your freedom and deliverance from slavery, oppression, and all burdens, so we desire to give you satisfying assurance thereof by this Agreement, whereby the foundations of your freedoms provided in The Case, &c., shall be settled unalterably. * * *

And though the malice of our enemies, and such as they delude, would blast us by scandals, aspersing us with designs of anarchy and community; yet we hope the righteous God will not only by this our present desire of settling an equal, just government, but also by directing us unto all righteous undertakings simply for public good, make our uprightness and faithfulness to the interest of all our countrymen shine forth so clearly that malice itself shall be silenced and confounded. We question not but the longing expectation of a firm peace will incite you to the most speedy joining in this Agreement: in the prosecution whereof, or of anything that you shall desire for public good, you may be confident you shall never want the assistance of

Your most faithful fellow Commoners, now in arms for your service. . . .

For our much honoured and truly worthy fellow Commoners and soldiers, the officers and soldiers under command of his Excellency Sir Thomas Fairfax.

The deep sense of many dangers and mischiefs that may befall you in relation to the late war, whensoever this Parliament shall end, unless sufficient prevention be now provided, hath constrained us to study the most absolute and certain means for your security. And upon most serious considerations we judge that no Act of Indemnity can sufficiently provide for your quiet, ease, and safety, because, as it hath formerly been, a corrupt party (chosen into the next Parliament by your enemies’ means) may possibly surprise the House and make any Act of Indemnity null, seeing they cannot fail of the King’s assistance and concurrence in any such actings against you that conquered him.

And by the same means your freedom from impressing also may in a short time be taken from you, though for the present it should be granted. We apprehend no other security by which you shall be saved harmless for what you have done in the late war, than a mutual Agreement between the people and you, that no person shall be questioned by any authority whatsoever for anything done in relation to the late public differences, after the dissolution of the present House of Commons, further than in execution of their judgment, and that your native freedom from constraint to serve in war, whether domestic or foreign, shall never be subject to the power of Parliaments, or any other. And for this end we propound the Agreement that we herewith send to you, to be forthwith subscribed.

And because we are confident that in judgment and conscience ye hazarded your lives for the settlement of such a just and equal government that you and your posterities, and all the free-born people of this nation, might enjoy justice and freedom, and that you are really sensible that the distractions, oppressions, and miseries of the nation, and your want of your arrears, do proceed from the want of the establishment both of such certain rules of just government and foundations of peace as are the price of blood and the expected fruits of all the people’s cost; therefore in this Agreement we have inserted the certain rules of equal government under which the nation may enjoy all its rights and freedoms securely. And as we doubt not but your love to the freedom and lasting peace of the yet-distracted country will cause you to join together in this Agreement, so we question not but every true Englishman that loves the peace and freedom of England will concur with us. And then your arrears, and constant pay (while you continue in arms), will certainly be brought in, out of the abundant love of the people to you; and then shall the mouths of those be stopped that scandalize you and us as endeavouring anarchy, or to rule by the sword; and then will so firm a union be made between the people and you that neither any homebred or foreign enemies will dare to disturb our happy peace. * * *

Postscript.

Gentlemen: We desire you may understand the reason of our extracting some principles of common freedom out of those many things proposed to you in The Case Truly Stated, and drawing them up into the form of an Agreement. It’s chiefly because for these things we first engaged against the King. * * * Therefore these things, in the Agreement, the people are to claim as their native right and price of their blood, which you are obliged absolutely to procure for them. And these being the foundations of freedom, it is necessary that they should be settled unalterably, which can be by no means but this Agreement with the people.

And we cannot but mind you that the case of the people in all their grievances depends upon the settling those principles or rules of equal government for a free people. And were but this Agreement established, doubtless all the grievances of the Army and people would be redressed immediately, and all things propounded in your Case Truly Stated, to be insisted on, would be forthwith granted. * * *

We shall only add that the sum of all the Agreement which we herewith offer to you is but in order to the fulfilling of our Declaration of June 14, wherein we promised to the people that we would with our lives vindicate and clear their right and power in their Parliaments. * * *

[The eighteen reported present include: Cromwell, Ireton, Waller, Rich, Rainborough, Goffe, Chillenden, Sexby, Allen, and the Agent Walley. The terms of reference are stated]: To consider the papers of the Army, and the paper of the People’s Agreement, and to collect and prepare somewhat to be insisted upon and adhered unto for settling the kingdom, and to clear our proceedings hitherto. * * *

[I. Present Parliament to end ‘on the first day of September next ensuing’ (cf. Agreement).

II. (1) Biennial Parliament meeting ‘on the first Thursday in April every second year’ (cf. Agreement); but provision for the certainty thereof left to be settled before end of present Parliament, and Council of State to be allowed to alter place of sitting. (2) Each biennial Parliament to ‘sit until the last day of September next ensuing,’ and then ‘dissolve of course’ (cf. Agreement); but capable of being ‘adjourned or dissolved sooner by their own consent’ (cf. Heads). (3) Each biennial Parliament to appoint committees, and a Council of State (cf. Heads) on whose advice (4) the King may summon extra Parliaments (cf. Heads). (5) Representation to be made more equal (but no precise formula as in Heads, Agreement, or Case of the Army)]:

5. (i) That the election of members for the House of Commons in succeeding Parliaments shall be distributed to all counties, or other parts or divisions of the kingdom, according to some rule of equality of proportion, so as to render the House of Commons, as near as may be, an equal Representative of the whole body of the people that are to elect; and in order thereunto, that all obstructions to the freedom and equality of their choice, either by petitions or charters or other prerogative grants, be removed [cf. Case of the Army], and the circumstances of number, place, and manner for more equal distributions be set down by the Commons in this present Parliament before the end thereof; and what they shall order therein, as also what they or the Commons in succeeding Parliaments shall from time to time further order or set down for reducing the said elections to more and more perfection of equality in distribution thereof, freedom in the election, order and regularity in the proceeding thereof, and certainty in the returns, shall be laws in full force to those purposes [cf. Heads].

(ii) That the qualifications of the people that shall have voices in the elections, as also of those that shall be capable of being elected, be determined by the Commons in this present Parliament before the end thereof, so as to give as much enlargement to common freedom as may be, with a due regard had to the equity and end of the present constitution in that point. Wherein we desire it may be provided that all free-born Englishmen, or persons made free denizens of England, who have served the Parliament in the late war for the liberties of the kingdom, and were in the service before the 14th of June 1645, or have voluntarily assisted the Parliament in the said war with money, plate, horse, or arms, lent upon the Parliament’s propositions for that purpose, brought in thereupon before the day of 1642, shall, upon such certificates thereof as by the Commons in this present Parliament shall be determined sufficient, or upon other sufficient evidence of the said service or assistance, be admitted to have voices in the said elections for the respective counties or divisions wherein they shall inhabit, although they should not in other respects be within the qualifications to be set down as aforesaid. As also that it be provided, that no person who, for delinquency in the late war or otherwise, hath forfeited or shall forfeit his said freedom, and is or shall be so adjudged by the Commons in Parliament, either by particular judgment or otherwise, or according to general rules or law for that purpose, whiles he standeth or shall stand so adjudged and not restored, shall be admitted to have any voice in the said elections or be capable of being elected. And for that purpose, that it be provided either by law or judgment in this present Parliament, that no person whatsoever who hath been in hostility against the Parliament in the late war shall be capable of having a voice or being elected in the said elections, or to vote or sit as a member or assistant in either House of Parliament, until the second biennial Parliament be past.

(iii) That no Peers made since the 21st day of May 1642, or hereafter to be made, shall be admitted or capable to sit or vote in Parliament without consent of both Houses [cf. Heads].

6. For clearing of the power of Parliament in future, and the interest of the people therein, resolved:

(i) That the power of this and all succeeding Representatives of the Commons in Parliament doth extend on the behalf, and as to the whole interest, of all the Commons of England to the enacting, altering, and repealing of laws, to the conclusive exposition and declaration of law, and to final judgment without further appeal, and generally to all things concerning the commonwealth, whatsoever is not by the represented reserved to themselves, as is hereafter expressed.

(ii) That no law shall be repealed, nor any new law or ordinance made to bind the Commons of England, nor any parliamentary judgment, trial, order, or other proceeding valid against any Commoner, without the particular concurrence and consent of the House of Commons, except in case of actual violence or affront done by a Commoner to the House of Peers as a court, and in that case no further proceeding to be valid but by the House of Commons, saving to the securing or imprisoning of the offender’s person till he can be tried.

(iii) That no Commoner of England shall be exempt from, but shall be subject to, and concluded by, the power and judgment of the House of Commons, without further appeal, as also to and by all such orders, ordinances, and laws, or expositions and declarations of law, as shall be made, passed, and insisted on, by that House, except in such fundamental things as are by the people electing generally reserved to themselves, as is hereafter expressed.

(iv) That no person whatsoever being an officer of justice or minister of state shall be exempt from, but shall be accountable and subject to, the same power and judgment of the House of Commons for any maladministration of his place to the hurt or damage of the commonwealth; but the persons of Peers, otherwise than in such capacity as aforesaid, shall be tried and judged only by their peers.

(v) That no person whatsoever so adjudged by Parliament (as before) shall be capable of protection or pardon from the King, or to have their fines remitted, without the advice or consent of Parliament, nor such fines to be disposed of otherwise than [as] by the same judgment, advice, or consent shall be directed.

(vi) That in all elections of Representatives for the people these things following are by the people electing reserved to themselves, and so generally to be understood, to wit:

Matters of religion and the ways of God’s worship, as to any positive compulsion there, are not entrusted to any human power.

That the matter of impressing or constraining any free Commoner of England to serve in the wars, any further or otherwise than for the immediate defence of this kingdom and keeping the peace within it, is likewise reserved.

That no Commoner be henceforth questioned for anything said or done in reference to, or prosecution of, the late war or public contests within this kingdom, otherwise than by the judgment, or with the concurrence, of the present House of Commons, or in execution or prosecution of such judgment.

That the matter and effect of the preceding articles (to wit: first, concerning the certain succession of biennial Parliaments; then the second, concerning the certainty of their sitting; likewise the matter of the sixth, and the particulars under it concerning the clearing of the power of Parliaments in future as to the interest of the people therein; and so much of the intent of the fifth as concerns the equal distributing of future representatives) are reserved by the people represented as their fundamental rights not to be given away or abrogated by their representatives [cf. Agreement]. * * *

We esteem it our duty to render you an account of the present state of our affairs with us, and at the Headquarters. We have been consulting about the most speedy and effectual settlement of your and all the people’s freedoms, whereby the people may be disposed into a capacity and willingness to provide constant pay, and secure our arrears. We found by sad experience that there was no possibility of obtaining either so long as the settlement of the people’s freedoms was delayed, and therefore, as well in love and real respects to you and to our dear country, we were constrained to propound the foundations of freedom to be forthwith established by a mutual Agreement between the people and you. And though we dare aver that there is nothing contained in that Agreement, or in The Case of the Army Stated, which is propounded to be insisted on, but what is (at least) the equitable sense of our former Declarations and Remonstrances; yet we find many at the Headquarters obstructing and opposing our proceedings.

We sent some of them to debate in love the matters and manner of the Agreement. And the first article thereof, being long debated, it was concluded by vote in the affirmative: viz., That all soldiers and others, if they be not servants or beggars, ought to have voices in electing those which shall represent them in Parliament, although they have not forty shillings per annum in freehold land. And there were but three voices against this your native freedom. After this they would refer all to a committee. And the next General Council our friends obtained a general rendezvous, and a letter from the Council to clear the Army from any desire or intent of constraining the Parliament to send new propositions to the King (whereby your indemnity for fighting against the King should be begged of the King, and so the guilt of innocent blood taken upon your own heads, and your enemies should boast and insult over you, saying, you were forced to ask them to save you harmless). At the next meeting a Declaration was offered to the Council, wherein the King’s corrupt interest was so intermixed that in short time, if he should so come in, he would be in a capacity to destroy you and the people. (And assure yourselves, if any power be but in the least given to him, he will improve it to the utmost to enslave and ruin you that conquered him, and to advance your enemies to trample upon you.) Upon this we desired only a free debate on this question: Whether it were safe either for the Army or people to suffer any power to be given to the King? And Lieut[enant]-Gen[eral] Cromwell and the rest professed, as before God, they would freely debate it. And Monday last a General Council was appointed for that purpose, but when they met they wholly refused, and instead of that, spake very reproachfully of us and our actings, and declaimed against that which was passed, the Council before, concerning the voices of those in elections which have not forty shillings a year freehold; and against the letter sent by the Council to the Parliament. And the day before, Commissary-General Ireton withdrew and protested he would act no more with them unless they recalled that letter.

And to prevent any further debate they would have dissolved the Council for above a fortnight, and thus our hopes of agreeing together to settle your and the people’s freedoms were then frustrate. And though the chief of them had desired some of our friends, not above three days before, to go on in their actings, for they might come in when they should do us more service than at that time; yet there they made great outcries against us and complaints of distempers in the Army, which were nothing but endeavours after their rights and freedoms.

The next day they still waived and refused the free debate of the aforesaid question, and dissolved the Council for above a fortnight, and for a time resolved they would only prepare some fair propositions to the Army about arrears and pay, and sent to the Parliament for a month’s pay against a rendezvous. But they declared they would divide the Army into three parts, to rendezvous severally. And all this appears to be only to draw off the Army from joining together to settle those clear foundations of freedom propounded to you, and to procure your rights as you are soldiers, effectually.

Thus you may observe the strange inconstancy of those that would obstruct our way, and the great matter wherein the difference lies, and the candidness of our actings. But we hope it will be no discouragement to you, though your officers—yea, the greatest officers—should oppose you. It is well known that the great officers which now opposed did as much oppose secretly when we refused to disband according to the Parliament’s order; and at last they confessed the providence of God was the more wonderful because those resolutions to stand for freedom and justice began amongst the soldiers only. And yet now they would affright you from such actings by telling you it is disobedience to the General’s command, and distempers, and mutinies. These were the words of that faction in Parliament which opposed you before. And you may consider that you had done as much service for the people by disobedience to the Parliament as ever you did by obedience, if you had fulfilled your Declarations and Engagements which you then passed.

As for the month’s pay, if it come you may consider it is but your due; and yet we believe none had been procured for you unless we had thus appeared. And if any declarations or propositions about pay or arrears be offered to you, remember you have been fed with paper too long. We desire that there may be a general rendezvous, and no parting each from other till we be fully assured we shall not return to burden the country by free-quarter, and till our arrears be actually secured, and the foundations of our freedom, peace and security in the Agreement established; and likewise, until a sure way be settled for calling committees, sequestrators, and Parliament-men, to account for the country’s money, that so the country may know we intend their good and freedom. We know some fair overtures will be made to you about pay, arrears, seeming freedom and security; but we hope, as you formerly rejected such overtures from the Parliament, knowing that without a settlement of freedom no constant pay or arrears will be provided—so now we are confident you will not be deceived, and hope you are all resolved for a general rendezvous, that we may all agree together in fulfilling our Declarations and Engagements to the people, that so we may not become the objects of scorn and hatred. * * *

[At the General Council] Putney, 8 November, 1647.

Cromwell spoke much to express the danger of their principles who had sought to divide the Army. That the first particular of that which they called the Agreement of the People did tend very much to anarchy, that all those who are in the kingdom should have a voice in electing Representatives.

Capt. [William] Bray made a long speech to take off what the Lieut[enant]-General said, and that what he called anarchy was for propriety.

Cromwell moved to put it to the question: Whether that the Officers and Agitators be sent to their quarters, yea, or no?

Resolved upon the question: that the General Council doth humbly advise his Excellency, that (in regard the General shortly intends a rendezvous of the Army, and forasmuch as many distempers are reported to be in the several regiments, whereby much dissatisfaction is given both to the Parliament and kingdom through some misrepresentations) to the end a right understanding may be had, and the soldiers quieted, in order to their obedience to his Excellency for the service of the Parliament and kingdom, it is thought fit to desire his Excellency that for a time the said Officers and Agitators resort to their several commands and regiments, to the ends aforesaid, there to reside until the said rendezvous be over, and until his Excellency shall see cause to call them together again according to the Engagement. * * *

[A Committee of eighteen was named, including Cromwell, Ireton, Cowling, Waller, Tichborne, Hewson, Rich, Tomlinson, Goffe, and the Agitators Allen and Lockyer.] This Committee to draw up instructions for what shall be offered to the regiments at the rendezvous, to consider of the later letter sent to the Parliament, and what shall be thought fit further to be proposed to them. * * *

[At the General Council] Putney, 9 November, 1647.

The General present. This Committee is to take into consideration the Engagement, Declarations, and papers of the Army, and upon them to collect a summary of those things that concern the good of the kingdom, the liberties of the people, and interests of the Army, and further to consider The Case of the Army Stated, and a paper commonly called the Agreement of the People, and to consider how far any thing contained in the same are consistent with the said Engagements and Declarations and interests aforesaid. This summary so concluded by the major part of the Committee to be represented to the General. * * * [A Committee of twenty-three is named, including Cromwell, Ireton, Cowling, Waller, Tichborne, Rich, Tomlinson, Goffe, Chillenden, and John Wildman; later eight more added, including Harrison and Rainborough. A note of its adjournment ‘till Thursday come fortnight, at the Headquarters.’]

[Resolution:] If any by that letter bearing date 5th of November do make any construction as if we intended that we were against the Parliament’s sending propositions to the King, we do hereby declare that it was no part of our intentions in the said letter, but that the same is utterly a mistake of our intention and meaning therein, our intentions being only to assert the freedom of Parliament.