Die Sabbathi; 20. Januarii. 1649.

LIeutenant General Hammond, Colonel Okey, and other Of­ficers of the Army, this day presented a Petition to the House, with a Draught of the Agreement of the People: The Petitioners being called in, Mr Speaker, by Command of the House, gave them this Answer.

GENTLEMEN,

YOu the Officers of the Army, sent by the Lord General, and the Officers of the Army, unto this House with this Petiti­on: The House hath read your Petition, and for the Agreement, presented therewith, the House hath commanded me to tell you, They have resolved to take the same into their Consideration, with what possible speed the necessity of the present weighty and urgent affairs will permit. They have commanded me like­wise to tell you, They find these good Affections and serious Re­presentations made in your Petition, that they have Ordered it to be printed. I am likwise commanded to tell you, That this House doth take notice of your faithful and great Services to the Kingdom, in standing in the Gap for their Preservation; And com­manded me to give hearty Thanks to the Lord General, and the Officers of the Army, for these good Services, and the good Af­fections you have herein expressed; And I do, in their Name, give the hearty Thanks of this House to the Lord General, and to you, and the rest of the Officers of the Army, for their good Af­fections, great Services, and cordial Expressions.

Hen: Scobel, Cler. Parl. Dom. Com.

AN AGREEMENT Prepared for the People of England, And the places therewith Incorporated, For a secure and present PEACE, upon Grounds of Common Right Freedom and Safety. Also, a DECLARATION of the General Councel of Officers, concerning the same. With a PETITION of his Excellency and the said General Councel, presented therewith, Saturday, January 20. 1648. To the Honorable the COMMONS of ENGLAND in PRLIAMENT assembled. Here tendred to the Peoples Considerations, and in due time for their Subscriptions.

By the Appointment of the Generall Councel of Officers of the Army.

Signed, JOHN RUSHVVORTH, Sec'

LONDON, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. MDCXLIX.

To the honorable the Commons of ENGLAND in Parliament assembled; The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army and his Command, concerning the Draught of An Agreement of the People, by them framed and prepared.

IN o [...]r late Remonstrance of the 18 of No­vember last, we propounded (next after the matters of publike Justice) some Foundations for a general settlement of Peace in the Nation; which we therein desired might be formed and Established in the na­ture of a generall Contract or Agreement of the People; and since then, the matters so propounded being wholy rejected, or no con­sideration of them admitted in Parliament (though visibly of highest Moment to the Publique) and all ordinary Remedies being denyed, we were necessitated to an extraor­dinary way of Remedy, whereby to avoyd the mischiefs then at hand, and set you in a condition (without such obstructions or di­versions by corrupt Members) to proceed to matters of publique Justice and general Settle­ment. Now as nothing did in our own hearts more justifie our late undertakings to­wards many Members in this Parliament, [Page 4]then the necessity thereof in order to a sound Settlement in the Kingdom, and the integri­ty of our intentions to make use of it only to that end, so we hold our selves obliged to give the People all assurance possible, That our opposing the corrupt closure endeavoured with the King, was not in designe to hinder Peace or Settlement, (thereby to render our employments, as Souldiers, necessary to be continued,) and that neither that extra­ordinary course we have taken, nor any other proceeding of ours, have been intended for the setting up of any particular Party or In­terest, by or with which to uphold our selves in Power and Dominion over the Nation, but that it was and is the desire of our hearts, in all we have done, (with the hindering of that imminent evil, and destructive con­junction with the King) to make way for a settlement of the Peace and Government of the Kingdom upon Grounds of common Freedom and Safety: And therefore, because our former Overtures for that purpose being only in general terms, and not reduced to a certainty of particulars fit for practise might possibly be understood, but as plausible pre­tences, not intended really to be put into [Page 5]effect, We have thought it our duty to draw out those generals into an intire frame of par­ticulars, ascertained with such circumstances as may make it effectively practicable: And for that end, while your time hath been taken up in other matters of high and present Im­portance, we have spent much of ours in pre­paring and perfecting such a draught of an A­greement, and in all things so circumstanti­ated, as to render it ripe for your speedier con­sideration, and the Kingdoms acceptance and practise (if approved:) And so we do here­with humbly present it to you.

Now to prevent misunderstanding of our in­ [...]entions therein, We have but this to say, That we are far from such a spirit, as positively to im­pose our private apprehensions upon the judg­ments of any in the Kingdom, that have not forfeited their Freedom, and much lesse upon your selves: Neither are we apt in any wise to insist upon circumstantial things, or ought that is not evidently fundamental to that pub­lique Interest for which You and We have de­clared and engaged; But in this Tender of it we humbly desire,

1. That whether it shall be fully approved by You and received by the People (as it now stands) or not, [Page 6]it may yet remain upon Record, before you, a perpe­tual witness of our real intentions and utmost en­deavors for a sound and equal Settlement; and as a testimony, whereby all men may be assured, what we are willing and ready to acquiesce in, and their jealousies satisfied or mouths stopt, who are apt to think or say, We have no bottom.

2. That (with all expedition which the immediate and pressing great affairs will admit) it may receive your most mature Consideration and Resolutions up­on it; not that we desire either the whole, or what you shall like in it, should be by your Authority imposed as a Law upon the Kingdom, (for so it would lose the intended nature of An Agreement of the People,) but that (so far as it concurs with your own judgments) it may receive Your Seal of Appro­bation only.

3. That (according to the method propounded therein) it may be tendred to the People in all parts, to be subscribed by those that are willing, (as Petitions, and other things of a voluntary nature, are) and that mean while, the ascertaining of those circum­stances, which it refers to Commissioners in the several Counties, may be proceeded upon in a way preparatory to the practise of it: And if upon the Account of subscriptions (to be returned by those Commissioners in April next) there appear to be a general or common Reception of it amongst the People, or by the well-affected of them, and such as are not obnoxious for Delinquency, it may then take place, and effect according to the Tenor and Substance of it.

WHITEHALL Jan. 15. 1649.
And Your Petitioners shall pray, &c. By the Appointment of his Excellency, and the general Councel of Officers of the Army. Jo: RUSHVVORTH Secr'.

AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED, For a secure and present Peace, upon Grounds of Common Right, Freedom and Safety.

HAving by our late labors and hazards made it appear to the world at how high a rate we va­lue our Just Freedom, And God having so far owned our cause as to deliver the Enemies thereof into our hands, We do now hold our selves bound in mutuall duty to each other to take the best care we can for the future, to avoyd both the dan­ger [Page 8]of returning into a slavish condition, and the chargeable re­medy of another War: For as it cannot be imagined, That so many of our Country men would have opposed us in this Quar­rell, if they had understood their own good, so may we hope­fully promise to our selves, That when our Common Right and Liberties shall be cleared, their endeavors will be disappoint­ed, that seek to make themselves our Masters, since therefore our former oppressions, and not yet ended troubles, have been oc­casioned, either by want of frequent National Meetings in Councel, or by the undue or unequal Constitution thereof, or by rendering those meeting uneffectual. We are fully agreed and resolved (God willing) to provide, That hereafter our Represen­tatives be neither left to an uncertainty for time, nor be unequal­ly constituted, nor made useless to the ends for which they are intended.

In Order whereunto We Declare and Agree;

1. That to prevent the many inconveniencies, apparently a­rising from the long continuance of the same persons in supream Authority, this Present Parliament end and disolve upon, or be­fore the last day of April, in the year of our Lord. 1649.

2. That the People of England (being at this day very une­qually distributed, by Counties, Cities and Burroughs, for the E­lection of their Representatives) be indifferently proportioned: And to this end, That the Representative of the whole Nation shall consist of four hundred persons, or not above; and in each Conuty, and the places thereto subjoyned, there shall be chosen, to make up the said Representative at all times, the several unmbers here mentioned; VIZ.

  • In the County of Kent, with the Burroughs, Towns, and Parishes therein (except such as are hereunder particularly named) ten. 10
  • The City of Canterbury, with the Suburbs adjoyning, and Liberties thereof, two. 2
  • The City of Rochester, with the Parishes of Chathan, and Strowd, one. 1
  • The Cinque Ports in Kent and Sussex, viz. Dover, Rum­ney, Hyde, Sandwich, Hastings, with the townes of Rye and Winchelsey, three. 3
  • The County of Sussex, with the Burroughs, Towns and Parishes therein (except Chichester and the Cinque Ports) eight. 8
  • The City of Chichester, with the Suburbs and Liberties thereof, one. 1
  • The County of Southampton, with the Burroughs, Towns and Parishes therein, except such as are here­under named, eight. 8
  • The City of Winchester, with the Suburbs and Liberties thereof, one. 1
  • The County of the town of Southampton, one. 1
  • The County of Dorset, with the Burroughs, Townes and Parishes therein (except Dorchester) seven. 7
  • The Town of Dorchester, one. 1
  • The County of Devon, with the Burroughs, Towns and Parishes therein, except such as are hereunder parti­cularly named, twelve. 12
  • The City of Excester, two. 2
  • [Page 10]The Town of Plymouth, two. 2
  • The Town of Barnstaple, one. 1
  • The County of Cornwall, with the Burroughs, Towns, and Parishes therein, eight. 8
  • The County of Somerset, with the Burroughs, Townes and Parishes therein, except such as are hereunder named, eight. 8
  • The City of Bristoll, three. 3
  • The Towne of Taunton-Deane, one. 1
  • The County of Wilts, with the Burroughs, Towns and Parishes therein (except Salisbury, seven. 7
  • The City of Salisbury, one. 1
  • The County of Berks, with the Burroughs, Towns and Parishes therein, except Reading, five. 5
  • The Town of Reading, one. 1
  • The County of Surrey, with the Burroughs, Towns, and Parishes therein, except Southwarke, five. 5
  • The Burrough of Southwarke, two. 2
  • The County of Middlesex, with the Burroughs, Towns, and Parishes therein, except such as are here­under named, four. 4
  • The City of London, eight. 8
  • The City of VVestminster, and the Dutchy, two. 2
  • The County of Hartford, with the Burroughs, Towns, and Parishes therein, six. 6
  • [Page 11]The County of Buckingham with the Burroughs, Towns and Parishes therein, six. 6
  • The County of Oxon, with the Burroughs, Towns, and Parishes therein (except such as are here under­named) four. 4
  • The City of Oxon, two. 2
  • The University of Oxon, two. 2
  • The County of Glocester, with the Burroughs, towns and Parishes therein (except Glocester) seven. 7
  • The City of Glocester, two. 2
  • The County of Hereford, with the Burroughs, towns, and Parishes therin (except Hereford) four. 4
  • The Citie of Hereford, one. 1
  • The County of Worcester, with the Burroughs, towns, and Parishes therein (except Worcester) foure. 4
  • The City of Worcester, two. 2
  • The County of Warwicke, with the Burroughs, townes, and Parishes therein (except Coventrey) five. 5
  • The City of Coventrey, two. 2
  • The County of Northampton, with the Burroughs, towns and Parishes therein (except Northampton) five. 5
  • The Town of Northampton, one. 1
  • The County of Bedford, with the Burroughs, townes, and Parishes therein, foure. 4
  • [Page 12]The County of Cambridge, with the Burroughs, towns, and Parishes therein (except such as are here under particularly named) foure. 4
  • The University of Cambridge, two. 2
  • The Town of Cambridge, two. 2
  • The County of Essex, with the Burroughs, towns, and Parishes therein (except Colchester) eleven. 11
  • The Town of Colchester, two. 2
  • The County of Suffolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) ten. 10
  • The Town of Ipswich, two. 2
  • The Town of S. Edmonds Bury, one. 1
  • The County of Norfolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) nine. 9
  • The City of Norwich, three. 3
  • The Town of Lynne, one. 1
  • The Town of Yarmouth, one. 1
  • The County of Lincoln, with the Burroughs, Towns, and Parishes therein (except the City of Lincoln, and the town of Boston) eleven. 11
  • The City of Lincoln, one. 1
  • The Town of Boston, one. 1
  • The County of Rutland, with the Burroughs, Townes, and Parishes therein, one. 1
  • [Page 13]The County of Huntington, with the Burroughs, Towns and Parishes therein, three. 3
  • The County of Leicester, with the Burroughs, Townes and Parishes therein (except Leicester) five. 5
  • The Town of Leicester, one. 1
  • The County of Nottingham, with the Burroughs, Towns and Parishes therein (except Nottingham) foure. 4
  • The Town of Nottingham, one. 1
  • The County of Derby, with the Burroughs, Townes, and Parishes therein except Derby) five. 5
  • The Town of Derby, one. 1
  • The County of Stafford, with the City of Lichfield, the Burroughs, towns and Parishes therein, six. 6
  • The County of Salop, with the Burroughs, towns, and Parishes therein (except Shrewsbury) six. 6
  • The Town of Shrewesbury, one. 1
  • The County of Chester, with the Burroughs, townes, and Parishes therein (except Chester) five. 5
  • The City of Chester, two. 2
  • The County of Lancaster, with the Burroughs, townes, and Parishes therein (except Manchester) six. 6
  • The town of Manchester, and the Parish, one. 1
  • The County of Yorke, with the Burroughs, towns, and Parishes, therein, except such as are here under na­med, fifteen. 15
  • [Page 14]The City and County of the City of Yorke, three. 3
  • The Town and County of Kingston upon Hull, one. 1
  • The town and Parish of Leeds, one. 1
  • The County Palatine of Duresme, with the Burroughs, towns, and Parishes therein, except Duresme and Gateside, three. 3
  • The City of Duresme, one. 1
  • The County of Northumberland, with the Burroughs, towns and Parishes therein, except such as are here under named, three. 3
  • The Town and County of Newcastle upon Tyne, with Gateside, two. 2
  • The Town of Berwicke, one. 1
  • The County of Cumberland, with the Burroughs, towns, and Parishes therein, three. 3
  • The County of VVestmerland, with the Burroughs, towns and Parishes therein, two. 2
  • The Isle of Anglesey (with the Parishes therein) two. 2
  • The County of Brecknock, with the Burroughs, towns, and Parishes therein, three. 3
  • The County of Cardigan, with the Burroughs and Pa­rishes therein, three. 3
  • The County of Caermarthen, with the Burroughs and Parishes therein, three. 3
  • The County of Carnarvon, with the Burroughs and Pari­shes therein, two. 2
  • [Page 15]The County of Denbigh, with the Burroughs and Pari­shes therein, two. 2
  • The County of Flint, with the Burroughs and Parishes therein, one. 1
  • The County of Monmouth, with the Burroughs and Pa­rishes therein, foure. 4
  • The County of Glamorgan, with the Burroughs and Pa­rishes therein, foure. 4
  • The County of Merioneth, with the Burroughs and Parishes therein, two. 2
  • The County of Mountgomery, with the Burroughs and Parishes therein, three. 3
  • The County of Radnor, with the Burroughs and Pari­shes therein, two. 2
  • The County of Pembroke, with the Burroughs, Towns and Parishes therein, foure. 4

Provided, That the first or second Representative may (if they see cause) assigne the remainder of the foure hundred Representors, (not hereby assigned) or so many of them as they shall see cause for, unto such Counties as shall appear in this present distribution to have lesse then their due proporti­on. Provided also, That where any Citie or Burrough to which one Representor or more is assign'd shall be found in a due proportion, not competent alone to elect a Representor, or the number of Representors assign'd thereto, it is left to future Representatives to assigne such a number of Parishes or Villages neare adjoyning to such City, or Burrough, to be joyned therewith in the Elections, as may make the same pro­portionable.

3. That the people do of course choose themselves a Repre­sentative once in two yeares, and shall meet for that purpose upon the first Thursday in every second May by eleven of of Clock in the morning, and the Representatives so chosen to meet upon the second Thursday in June following at the u­suall place in Westminster, or such other place as by the fore­going Representative, or the Councell of State in the inter­vall, shall be from time to time appointed and published to the People, at the least twenty daies before the time of Elec­tion. And to continue their Session there or elsewhere untill the second Thursday in December following, unlesse they shall adjourne, or dissolve themselves sooner, but not to con­tinue longer. The Election of the first Representative to be on the first Thursday in May, 1649. And that, and all future Elec­tions to be according to the rules prescribed for the same pur­pose in this Agreement, viz.

1. That the Electors in every Division, shall be Natives, or Denizons of England, not persons receiving Almes, but such as are assessed ordinarily, towards the reliefe of the poore; not servants to, and receiving wages from any particular person. And in all Elections, (except for the Universities,) they shall be men of one and twen­ty yeares old, or upwards, and house-keepers, dwelling [Page 15]within the Devision for which the Election is pro­vided, That untill the end of seven years next en­suing the time herein limited, for the end of this present Parliament no person shall be admitted to, or have any hand or voice in such Elections, who hath adhered unto, or assisted the King against the Parliament, in any the late Warres, or Insurrecti­ons, or who shall make or joyn in, or abet any forcible opposition against this Agreement.

2 That such persons, and such only, may be elected to be of the Representative, who by the rule a­foresaid, are to have voice in Elections in one place or other; provided, That of those, none shall be eligible for the first or second Representatives, who have not voluntarily assisted the Parliament against the King, either in person before the 14. of June 1645. or else in Money, Plate, Horse, or Armes, lent upon the Propositions before the end of May 1643. or who have joyned in, or abetted the treasonable Engagement in London, in the year 1647. or who declared or engaged them­selves for a Cessation of Armes with the Scots, that invaded this Nation, the last Summer, or for com­plyance with the Actors in any the insurrections, of the same Summer, or with the Prince of Wales, or his accomplices in the Revolted Fleete. And al­so provided, That such persons as by the rules in the preceding Article are not capable of electing untill the end of seven years, shall not be capable to be elected until the end of 14. years, next ensu­ing. And we do desire and recommend it to all men, that in all times the persons to be chosen for this great trust, may be men of courage, fear­ing God, and hating covetousnesse, and that our [Page 16]Representatives would make the best provisions for that end.

3 3. That whoever, by the two rules in the next preceding Articles, are incapable of Election, or to be elected, shall assume to vote in, or be present at such Elections for the first or second Representative, or being elected shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moyety of his Estate, to the use of the publike, in case he have any estate visible, to the value of fifty pounds. And if he have not such an Estate, then he shall in­cur the pain of Imprisonment, for 3. months; And if any person shall forcibly oppose, molest, or hinder the people, (capable of electing as afore­said) in their quiet and free Election of Represen­tors, for the first Representative, then each per­son so offending, shall incur the penalty of confis­cation of his whole Estate, both reall and personal; and (if he have not an Estate to the value of fifty pounds,) shall suffer imprisonment during one whole year without Baile, or Mainprize. Provi­ded, That the Offender in each such case, be con­victed within three Moneths next after the com­mitting of his offence, And the first Representative is to make further provision for the avoyding of these evils in after Elections.

4 That to the end, all Officers of State may be certainly accomptable, and no factions made to mainetaine corrupt interests, no Member of a Conncell of State, nor any Officer of any Salary forces in Army, or Garrison, nor any Treasurer or Receiver of publique monies, shall (while such) be elected to be of a Representative. And in case any such Election shall be, the same to be void. And [Page 17]in case any Lawyer shall be chosen of any Repre­sentative, or Councel of State, then he shall be un­capable of practice as a Lawyer, during that trust.

For the more convenient Election of Re­presentatives, each County wherein more then three Representers are to be chosen, with the Townes Corporate and Cities, (if their be any) lying within compasse thereof, to which no Re­presenters are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, & no part above three Representers; For the setting forth of which Di­visious, and the ascertaining of other circumstan­ces hereafter exprest, so as to make the Elections lesse subject to confusion, or mistake, in order to the next Representative, Thomas Lord Grey of Grobey, Sir John Danvers, Sir Henry Holcraft Knights, Mo­ses Wall Gentleman, Samuel Mayor, John Langley, William Hamkins, Abraham Babington, Daniel Tay­lor, Mark Hilley, Richard Price, and Col. John White, Citizens of London, or any five, or more of them are intrusted to nominate and appoint under their Hands and Seales, three or more fit persons in each County, and in each City, and Borough, to which one Representor or more is assigned to be as Commissioners for the ends afore­said, in the respective Connties, Cities, and Burroughs, and by the writing under their Hands and Seals shall certifie into the Parliament Records, before the fourteenth day of February next, the names of the Commissioners so appoin­ted for the respective Counties, Cities, and Burroughs, which Commissioners, or any three, or more of them, for the respective Counties, Cities, and Burroughs, shall before the end of February next, by writing under their Hands and Seales [Page 18]appoint two fit and faithfull persons, or more in each Hundred, Lath, or Wapentake, within the respective Counties, and in each Ward, within the City of London, to take care for the orderly ta­king of all voluntary subscriptions to this Agree­ment, by fit persons to be imployed for that pur­pose in every Parish, who are to returne the sub­scripsions so taken to the persons that imployed them, (keeping a transcript thereof to themselves) & those persons keeping like Tyanscripts to return the Originall subscriptions to the respective Com­missioners, by whom they were appointed, at, or before the fourteenth of Aprill next, to be registred and kept in the County Records, for the said Counties respectively, and the subscriptions in the City of London, to be kept in the chief Court of Record for the said City. And the Commissioners for the other Cities and Boroughs respectively, are to appoint two, or more, fit persons in every Parish within their Precincts to take such sub­scriptions, and (keeping transcriptions thereof) to return the Originalls to the respective Commis­sioners by the said fourteenth of Aprill next, to be registred and kept in the chief Court within the re­spective Cities and Boroughs. And the same Com­missioners, or any three, or more of them, for the severall Counties, Cities, and Boroughs, re­spectively, shall, where more then three Represen­tors are to be chosen divide such Counties (as also the City of London) into so many, and such parts as are afore mentioned, and shall set forth the bounds of such divisions, and shall in every County, City, and Borough (where any Repre­senters are to be chosen) and in every such divi­sion as aforesaid within the City of London, and [Page 19]within the severall Counties so divided, respective­ly, appoint one certain place wherein the people shall meete for the choyse of their Representors, and some one fit Person, or more, inhabiting with­in each Borough, City, County, or Division, re­spectively, to be present at the time and place of Election, in the nature of Sheriffes to regulate the Elections, and by Pole, or otherwise, clearly to distinguish and judge thereof, and to make return of the Person or Persons Elected, as is hereafter exprest, and shall likewise in writing under their Hands and Seales, make Certificates of the severall Divisions (with the bounds there­of) by them set forth, and of the certain places of meeting, and Persons, in the nature of Sheriffes appointed in them respe­ctively, as aforesaid,Memorandum, That the Commissioners for the re­spective Counties, Cities, and Boroughs, are to re­turn a Computation of the number of Subscribers in the severall Parishes unto the Trustees herein named before the end of April next, at such place, and in such forme as the said Trustees, or any five, or more of them shall direct. and cause such Certificates to be returned into the Par­liament Records be­fore the end of April next, and before that time shall also cause the same to be published in every Parish within the Coun­ties, Cities, and Boroughs respectively, and shall in every such Parish like­wise nominate and ap­point (by Warrant un­der their hands and Seals) one Trusty Person or more, inhabiting therein, to make a true list of all the Persons within their respective Pa­rishes, who according to the rules aforego­ing are to have voyce in the Elections, and ex­pressing, who amongst them are by the same rules [Page 20]capable of being elected, and such Lift (with the said Warrant) to bring in, and return at the time and place of Election, unto the Per­son appointed in the nature of Sheriffe, as a­foresaid, for that Borough, City, County, or Division respectively; which Person so appoin­ted as Sheriff, being present at the time and place of Election; or in case of his absence by the space of one houre after the time limited for the peoples meeting, then any Person pre­sent that is eligible, as aforesaid, whom the people then and there assembled shall chuse for that end, shall receive and keep the said Lists, and admit the Persons therein contained, or so many of them as are present unto a free Vote in the said Election, and having first caused this Agreement to be publiquely read in the audi­ence of the people, shall proceed unto, and regulate and keep peace and order in the Electi­ons, and by Pole, or otherwise, openly distinguish and judge of the same: And thereof by Cer­tificate, or writing under the hands and Seales of himself, and six or more of the Electors (no­minating the Person or Persons duly Elected) shall make a true return into the Parliament Records, within one and twenty dayes after the Election (under pain for default thereof, or for making any false Return to forfeit one hun­dred pounds to the Publique use.) And shall also cause Indentures to be made, and inter­changeably sealed and delivered betwixt him­self, and six or more of the said Electors on the one part, and the Persons, or each Per­son Elected seyerally on the other part, expres­sing [Page 21]their Election of him as a Representor of them, according to this Agreement, and his ac­ceptance of that trust, and his promise accor­dingly to performe the same with faithful­nesse, to the best of his understanding and a­bility, for the glory of God, and good of the people.

This course is to hold for the first Represen­tative, which is to proceede for the ascertain­ing of these Circumstances in order to future Representations.

4 That one hundred and fifty Members at least, be alwaies present in each sitting of the Repre­sentative, at the passing of any Law, or doing of any Act, whereby the people are to be bound; saving, That the number of sixty may make an House for Debates, or Resolutions that are pre­paratory thereunto.

5 That each Representative shall within twen­ty dayes after their first meeting appoint a Coun­cell of State for the mannaging of Publique Af­faires, untill the tenth day after the meeting of the next Representative, unlesse that next Repre­sentative think fit to put an end to that trust sooner. And the fame Councell to Act, and pro­ceed therein, according to such Instructions, and limitations, as the Representative shall give, and not otherwise.

6 That in each intervall betwixt Bienniall Re­presentatives, [Page 22]the Councell of State (in case of imminent danger, or extreame necessity) may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above fourscore dayes, and so as it dissolve, at least, fifty dayes before the appointed time for the next Bienniall Representative, and upon the fifty­eth day so proceeding, it shall dissolve of course, if not otherwise dissolved sooner.

7 That no Member of any Representative be made either Keceiuer, Treasurer, or other Officer, during that imployment, saving to be a Member of the Councell of State.

8 That the Representatives have, and shall be un­derstood, to have the Supreame trust in order to the preservation and Government of the whole, and that their power extend, without the consent or concurrence of any other Person or Persons, to the erecting & abolishing of Courts of Justice, and publique Offices, and to the enacting, alte­ring, repealing, and declaring of Lawes, and the highest and finall Judgement, concerning all Natu­rall or Civill things, but not concerning things Spirituall or Evangelicall; Provided, that even in things Naturall and Civill these six particulars next following, are, and shall be understood to be ex­cepted, & reserved from our Representatives, viz.

1 We doe not impower them to Imprest, or constraine any Person to serve in Forrainge Warre either by Sea or Land, nor for any Military Service within the KINGDOME, save that they may take order for the [Page 23]the forming, training and exercising of the people in a military way to be in readinesse for resisting of For­raign Invasions, suppressing of sudden Insurrections, or for assisting in execution of Law; and may take order for the imploying and conducting of them for those ends; provided, That even in such cases none be com­pellable to go out of the County he lives in, if he pro­cure another to serve in his room.

2. That after the time herein limited for the commence­ment of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late Wars, or publick differen­ces, otherwise then in execution or pursuance of the determinations of the present House of Commons, against such as have adhered to the King, or his inte­rest against the people: And saving that Accomptants for publick monies received, shall remain accomptable for the same.

3. That no securities given, or to be given by the publick Faith of the Nation, nor any engagement of the pub­lick Faith for satisfaction of Debts and Damages, shall be made void or invalid by the next or any future Re­presentatives; except to such Creditors, as have, or shall have justly forfeited the same; and saving, That the next Representative may confirm or make null, in part, or in whole, all gifts of Lands, Monies, Offi­ces, or otherwise, made by the present Parliament to any Member or Attendant of either House.

4. That in any Laws hereafter to be made, no person, by vertue of any Tenure, Grant, Charter, Patent, Degree or Birth, shall be priviledged from subjection thereto, or from being bound thereby, as well as others.

5. That the Representative may not give judgement up­on any mans person or estate, where no Law hath be­fore provided; save onely in calling to Accompt, and punishing publick Officers for abusing or failing their Trust.

6. That no Representative may in any wise render up, or [Page 24]give, or take away any the Foundations of common Right, Liberty and Safety contained in this Agree­ment; nor levell mens Estates, destroy Propriety, or make all things common: And that in all matters of such fundamentall concernment, there shall be a liber­ty to particular Members of the said Representatives to enter their dissents from the major vote.

9. Concerning Religion, we agree as followeth.

  • 1. It is intended, That Christian Religion be held forth and recommended, as the publike Profession in this Nation (which wee desire may by the grace of God be reformed to the greatest purity in Doctrine, Wor­ship and Discipline, according to the Word of God.) The instructing of the people whereunto in a publick way (so it be not compulsive) as also the maintaining of able Teachers for that end, and for the confutation or discovery of Heresie, Errour, and whatsoever is con­trary to sound Doctrine, is allowed to be provided for by our Representatives; the maintainance of which may be out of a publick Treasury, and wee desire not by Tithes. Provided, That Popery or Prelacy be not held forth as the publick way or profession in this Nation.
  • 2. That to the publick Profession so held forth, none be compelled by penalties or otherwise; but onely may be endeavoured to be won by sound Doctrine, and the example of a good Conversation.
  • 3. That such as professe Faith in God by Jesus Christ, (however differing in judgement from the Doctrine, Worship or Discipline publickly held forth, as afore­said) shall not be restrained from, but shall be protect­ed in the profession of their Faith, and exercise of Religion according to their Consciences, in any place (except such as shall be set apart for the publick Worship, where we provide not for them, unlesse they have leave) so as they abuse not this liberty to the civill injury of others, or to actuall disturbance of [Page 25]the publick Peace on their parts, neverthelesse it is not intended to be hereby provided, That this Liberty shall necessarily extend to Popery or Pre­lacy.
  • 4. That all Laws, Ordinances, Statutes, and clauses in any Law, Statute or Ordinance to the contrary of the Liberty herein, provided for in the two particulars next proceeding concerning Religion, be and are hereby repealed and made void.

10. It is agreed, That whosoever shall by Force of Armes, resist the Orders of the next or any future Repre­sentative (except in case where such Representative shall e­vidently render up, or give, or take away the Foundati­ons of common Right, Liberty and Safety contain'd in this Agreement) shall forthwith after his or their such Resistance lose the benefit and protection of the Laws, and shall be punishable with Death, as an Enemy and Traitour to the Nation.

Of the things exprest in this Agreement,The form of subscription for the Offi­cers of the Army. The certain ending of this Parliament (as in the first Article) the equal or proportionable distribution of the number of the Re­presentators to be elected (as in the second) The certainty of the peoples meeting to elect for Representatives Bien­niall, and their freedom in Elections with the certainty of meeting, sitting and ending of Representatives so elected (which are provided for in the third Article) as also the Qualifications of Persons to elect or be elected (as in the first and second particulars under the third Article) Also the certainty of a number for passing a Law or preparatory debates (provided for in the fourth Article) The matter of the fifth Article, concerning the Councell of State: and of the sixth, concerning the calling, sitting and ending of Representatives extraordinary: Also the power of Re­presentatives to be, as in the eighth Article, and limited, as in the fixt, reserves next following the same. Likewise the second and third particulars under the 9th Article con­cerning Religion, and the whole matter of the 10th Article

All these we do account and declare to be fundamentall to our common Right, Liberty and Safety; and therefore do both agree thereunto, and resolve to maintain the same, as God shall enable us. The rest of the matters in this A­greement, we account to be usefull and good for the pub­lick, and the particular circumstances of numbers, times and places, expressed in the severall Articles, we account not Fundamentall, but we finde them necessary to be here determined for the making the Agreement certain and practicable, and do hold these most convenient that are here set down, and therefore do positively agree thereunto.

A Declaration of his Excellency THOMAS Lord FAIRFAX, and his Generall Councell of Officers: Concerning the Agreement by them framed in or­der to Peace, and from them tendred to the People of ENGLAND.

HAVING ever since the end of the first War longingly waited for some such settlement of the Peace and Government of this Nati­on, whereby the common Rights, Liberties and safety thereof, might in future be more hopefully provided for; and therein some­thing gained, which might be accounted to the present age and posterity, through the mercy of God, as a fruit of their labours, hazards and sufferings, that have engaged in the common Cause, as some price of the blood spilt, and bal­lance to the publick expence and damage sustained in the War, and as some due improvement of that successe and blessing God hath pleased to give them: And having not found any such Establishment assayed or endeavoured by those whose proper work it was: But the many addresses and desires of our selves, and others, in that behalf, reje­cted, [Page 27]discountenanced and opposed, and onely a corrupt closure endeavoured with the King, on tearmes, serving onely to his interest, and theirs that promoted the same: And being thereupon (for the avoidance of the evil there­of, and to make way for some better settlement) necessita­ted to make extraordinary wayes of remedy (when the or­dinary were denied) now to exhibit our utmost endeavours for such a settelement. Whereupon we and other Forces, (with which the Kingdome hath so long beene burthened above measure, and whose continuance shall not be neces­sary for the immediate safety and quiet therof) may with comfort to our selves, and honesty towards the publique, disband, and returne to our homes and callings; and to the end mens jealousies & fears may be removed concern­ing any intentions in us to hold up our selves in power, to oppresse or domineer over the people by the sword: And that all men may fully understand those grounds of peace and Government wherupon they may rest assured; we shall for our parts acquiesce. We have spent much time to pre­pare, and have at last (through the blessing of God) finished a Draught of such a settlement, in the nature of an Agree­ment of the People for Peace amongst themselves; Which we have lately presented to the Honourable the Com­mons now assembled in Parliament; and doe herewith tender to the people of this Nation: We shall not other­wise commend it, then to say, It containes the best and most hopefull Foundations for the Peace, and future well Government of this Nation, that we can devise or thinke on within the line of humane power, and such wherein all the people interested in this Land (that have not particular interests of advantage & power over others, divided from that which is common and publique, are indifferently and equally provided for, save where any have justly forfeited their share in that common interest by opposing it, and so rendred themselves incapable thereof (at lest) for some time. And we call the Consciences of all that read or hear it, to witnesse, whether we have therein provided or pro­pounded an4y thing of advantage to our selves in any ca­pacity [Page 28]above others, or ought, but what is as good for one as for another: And therefore as we doubt not but that the Parliament being now freed from the obstructing and per­verting Councels of such Members, by many of whom a corrupt compliance with the Kings Interest hath been dri­ven on, and all settlement otherwise hath hither to been hindered) Those remaining worthy Patriots to whom we have presented the Agreement, will for the main allow thereof, and give their seal of Approbation thereby: So we desire and hope, That all good people of England whose heart God shall make sensible of their, and our common concernment therein, and of the usefulnesse and suitable­nesse thereof to the publick ends it holds forth, will cor­dially embrace it, and by subscription declare their concurrence and accord thereto, when it shall be ten­dred to them, as is directed therein; wherein if it please God, wee shall finde a good Reception of it with the people of the Nation, or the Well affected therein; We shall rejoyce at the hoped good to the Common­wealth, which through Gods mercy may redound there­from, and that God hath vouchsafed thereby to make us instrumentall for any good settlement to this poor distres­sed Country, as he hath formerly made us for the avoid­ing of evil. But if God shall (in his Righteous Judgement towards this Land) suffer the people to be so blinded as not to see their own common good and freedom, endea­voured to be provided for therein, or any to be so deluded (to their own and the publick prejudice) as to make op­position thereto, whereby the effect of it be hindred, we have, yet, by the preparation and tender of it discharged our Consciences to God, and duty to our native Country in our utmost endeavours for a settlement, (to the best of our understandings) unto a just publick interest; and hope we shall be acquitted before God and good men, from the blame of any further troubles, distractions or miseries to the Kingdom, which may arise through the neglect or re­jection thereof, or opposition thereto. and whereas there are many good things in particular matters which our [Page 29]own Reasons and observations or the Petitions of others have suggested, and which we hold requisite to be provided for in their proper time and way (as the setting of mode­rate Fines upon such of the Kings Party as shall not be ex­cepted from life, with a certain day for their coming in and submitting, and an Act of Pardon to such as shall come in and submit accordingly, or have already compounded. The setling of a Bevenue for all necessary publick uses, in such a way as the people may be most eased. The assigning of a free & ascertaining of securities for Souldiers arrears, and for publick Debts and Damages. The taking away of Tithes, and putting that maintainance which shall be thought competēt for able Teachers to instruct the people, into some other way, lesse subject to scruple or contenti­on, the clearing and perfecting of Accompts for all pub­lique Monies, the relieving of prisoners for Debt; the re­moving or reforming of other evils or inconveniencies in the present I aws, and Administrations thereof, the re­dresse of abuses, and supplying of Defects therein, put­ting of all the Laws and procedings thererf into the Eng­lish tongue, the reducing of the course of Law to more brevity and lesse charge, the setling of Courts of Justice and Recordin each County or lesse Divisions of the King­dom, and the erecting of Courts of Merchants for contro­versies in trading, and the like.) These and many other things of like sort being of a particular nature, and requi­ring very particular and mature consideration, with lar­ger experience in the particular matters then we have, and much Caution, that by taking away of present Evils grea­ter inconveniences may not ensue for want of other pro­visions in the room thereof, where it is necessary and we (for our parts) being far from any Desire or thought to assume or exercise a Law-giving, Judiciall power over the Kingdome, or to meddle in any thing save the funda­mental setling of that power in the most equall and hope­full way for Common Right, Freedom, and Safety (as in this Agreement) and having not meanes nor time for, nor the necessity of some present general settlement, admiting the delay of such a consideration, as seems requisite in rela­tion [Page 30]to such numerous particulars, we have purposely de­clined the inserting of such things into this Agreement. But (as we have formerly expressed our desires that way, so) when the matters of publique Justice, and generall set­tlement are over, we shall not be wanting (if needfull) humbly to recōmend such particulars to the Parliament, by whom they may more properly, safely, and satisfacto­rily be provided for, and we doubt not but they will be so, such of them at lest as are of more neare and present con­cernment by this Parliament, and the rest by future Re­presentatives in due time.

And thus we recommend for present the businesse of this Agreement without further addition to the best consi­deration of all indifferent and equall minded men, and commit the issue thereof (as of all our ways and concern­ments) to the good pleasure of the Lord, whose will is better to us then our own, or any inventions of ours, who hath decreed and promised better things then we can wish or imagine, and who is most faithfull to accomplish them in the best way and season.

By the appointment of the generall Councell of Officers. JOHN RUSHWORTH, Secretary.
FINIS.

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