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• Preface.
• The Clarke Papers.
• Thomas Margetts to William Clarke.
• [ News-letter From London. ] B
• The Examination of William Paradine.
• [ News-letter From London. ]
• [ News-letter From York. ] B
• A Libell Dispersed Att Covent Garden.
• [ Gilbert Mabbott to Lord Fairfax. ]
• [ Col. Barkstead to Lord Fairfax. ]
• Sir John Rayney’s Information Concerning the Insurrection In Kent.
• [ Sir Michael Livesey to Sir Anthony Weldon. ]
• [ to the Derby House Committee. ]
• [ the Kentish Committee to the Speaker. ]
• [ an Anonymous Letter to Lord Fairfax. ]
• [ the Derby House Committee to Lord Fairfax. ]
• [ Lord Fairfax to the Derby House Committee. ]
• [ the Derby House Committee to Lord Fairfax. ]
• [ News Letter From Yorke. ]
• [ Col. Barkstead to Lord Fairfax. ]
• [ a Letter From Carisbrook. ]
• [ Col. Whalley to Lord Fairfax. ]
• [ News-letter From Yorke. ]
• [ Col. Whalley to Lord Fairfax. ]
• [ Col. Whalley to Lord Fairfax. ]
• [ Mr. Rushworth to Col. … .]
• [ Extract From a News-letter. ]
• Lettre Intercepted Going to Sir M. L [ Angdale ] From the Lo: Capell.
• [ Extract From a News-letter to Lord Fairfax. ]
• Lettre From the Townesmen to His Excellency Sent By Doctor Glissen.
• An Account of the Death of Sir Charles Lucas &c., the Originall of Which, Writt With My Owne Fathers’ Hand, I Gave Sir Thomas Clarges.
• [ the Earl of Warwick to the Derby House Committee. ]
• [ a Letter From Dr. Dorislaus. ]
• [ News-letter From Scotland. ]
• [ News-letter From Scotland. ]
• [ News-letter From Scotland. ]
• ( Cromwell to Col. Robert Hammond. a )
• [ General Council of Officers At St. Albans, Nov. 16, 1648.] A
• Att a Generall Councell Held In Windsor, Nov. 25, 1648.
• [ a Commission Issued By Harry Marten. ]
• [ Robert Saunders to Lord Fairfax. ]
• [ News-letter From Windsor. ]
• [ to Col. Ewer. ]
• [ to Col. Eyres. ]
• [ to the Officer In Command At Hurst Castle. ]
• Windsor Castle. Att the Generall Council of Officers. 28 Th Nov., 1648.
• [ Circular Letter Sent to the Commanders At Sea. ]
• [ the General to Lieut. Gen. Cromwell. ]
• [ Lieut.-col. Saunders to Lord Fairfax. ]
• [ Warrant to Convey the King to Hurst Castle. ]
• [ to Lieut.-col. Cobbett ]
• [ Lieut-col. Saunders to Lord Fairfax. ]
• [ to Lieut-col. Cobbett. ]
• [ a Letter From the Head-quarters of the Army. ]
• [ Thomas Margetts to William Clarke. ]
• Generall Councell, Dec. 14, 1648.
• [list of Names.]
• Orders For the Discussing of This Question.
• General Councill. Att Whitehall. 14 December. 1648.
• Councell of War Held At Whitehall the 15 Th of December 1648.
• [ Letter to Lt. Col. Cobbett and Others. ]
• Generall Councell. Westminster Dec. 16 1648.
• Whitehall Dec. 18 1648. Generall Councell.
• Whitehall December the 19 Th 1648.
• [ Sir George Booth to the Inhabitants of Cheshire. ]
• [ Captain Richard Haddock to Mr John Rushworth. ]
• Whitehall Dec. 21 1648. Generall Councell.
• [ Letter to Col. Harrison. ]
• [ Cromwell and Ireton to Col. Whitchcott. ]
• General Council.
• [ Ld. Fairfax to Col. Thomlinson. ]
• Whitehall Dec. 26 1648. Generall Councell.
• General Council Att Whitehall 29 December 1648.
• Whitehall Dec. 29 1648. Generall Councell.
• Some Remarkable Passages Out of the Countie of Hereford and Southwales Concerning Sir Robert Harley and Other Members of the Howse of Comons &c. a
• Charge Against Mr. Thomas Smith. a
• General Councill 5 Jan. 1648 Att Whitehall.
• Generall Councill.
• Generall Council. 8 Jan. 1648.
• Generall Councill.
• Generall Councill. a
• Generall Councill.
• [ Orders to the Army During the King’s Trial. ]
• The Declaration of the Officers Belonging to the Garrison of Lancaster Castle &c.
• [ General Council of Officers At Whitehall. 22 Feb., 1648.]
• Whitehall, March 1, 1648. Att the Committee of Officers For Forces & Garrisons.
• Whitehall, 8 March, 1648. Att the Committee of Officers For Forces &c.
• [ Lord Fairfax to the Speaker. ]
• Generall Councill. Whitehall, 23 March, 1648.
• Committee of Officers Appointed By the General Councill. Whitehall, 24 March, 1648.
• [ the Council of State to Lord Fairfax. ]
• Information of Henry Sanders of Walton Uppon Thames.
• [ Captain John Gladman to Lord Fairfax. ]
• The Committee of Wilts to Sir Henry Mildmay.
• Col. Monck to Lord Fairfax.
• To His Excellency the Lord Fairfax and the Counsell of Warre the Brotherly Request of Those That Are Called Diggers Sheweth
• To My Lord Generall and His Councell of Warr.
• [ the Diggers Song. ]
• [ Charles Fleetwood and Others to Colonel John Downes. B ]
• [ Kimpton Hilliard to Mr. William Clarke ].
• [ William Clarke to the Commissioners of the Great Seale. ]
• [ Kimpton Hilliard to William Clarke. ] a
• [ Extracts From News-letters ].
• [ the Trial of Mr. John Erbury. ]
• [ Oliver Cromwell to Lieut.-col. Wilks. ]
• [ Secretary Thurloe to General Monk. ]
• Appendix.
• Appendix A.: Two Letters From Clarke Papers In the Possession of Mr. Leybourne Popham.
• Appendix B.: an Account of the Origin of the Agreement of the People and the Negotiations of the Officers of the Army With the Representatives of the Levellers, Extracted From John Lilburne’s Pamphlet, “the Legal Fundamental Liberties.”
• Appendix C.: A Letter From Captain Anthony Mildmay, One of the Attendants On the King, to His Brothers, Sir Henry Mildmay.
• Appendix D.
• Notes On the Table.
• Publications of the Camden Society. New Series.

Whitehall Dec. 26 1648. Generall Councell.

The Sixth Reserve in the Representative read and debated. Afterwards read thus

(As an expedient.)

That the said Representatives may not exercise the power of imediate Judgment in particular questions of right or wronge between one private person and another. Nor may they give imediate judgment upon any man’s person or estate for any offence which does not extend imediately to the hurt or damage of the publique, nor for any such offence may they proceede to the takeing away of life or limbe, unless before the fact done it were soe provided against by express law then in force, nor may they inflict or awarde other punishment for such an offence not soe provided against beforehand, save where it is clearely against the generall law of humane society, and where the vindicacion or secureinge of the publique interest does require such Justice.

1. Question. Whether the Sixth Reserve shall pass as it now stands or noe.

Carried in the Negative, Nemine contradicente.

That the Representative may not give Judgment upon any man’s person or estate where noe law hath bin before provided, save only in calling to account and punishing publique officers failing in their trust.

2. Question. Whether this clause now read shalbe put to the question as part of the Reserve or noe.a

• Affirmatives 22.
• Negatives 15.

Soe that it was carried in the Affirmative.

Question 3. Whether this clause now read shall pass as part of the Reserve as it is.

• Affirmatives 25.
• Negatives 13.

Soe that it was carried in the Affirmative as part of the Reserve.

C. E. petition of the well affected in Newport Pagnell and parts adjacent.

Directed

To his Excellency the Lord Fairfax, Generall of the Parliament forces &c. and to the officers of your Excellencie’s Army now mett in Generall Councell. (Read.)

4. Question. Whether there shall bee any addition made to the 6th reserve or noe.

• Affirmatives 12.
• Negatives 19.

Soe that it passt for noe addition to that Reserve.

Adjourned till Fryday about 10 of the clock in the morneinge.

The Petitioners call’d in.

Answer returned by Comm. Generall Ireton.

Gentlemen,

Wee have read your petitition, and the Councell have appointed mee to returne you this answer for the present. That they doe very kindlie resent, & thankfullie accept those expressions first in the preamble of the petition of your affections & faithfulnesse in relation to the publique Justice & the liberties of the Kingdome, and for your desire in the prayer of the petition, concerning our prosecution of justice & freedome, they doe heartily close with your desires in itt, & shall indeavour to prosecute the same as God shall direct & inable them in all honest wayes.

And for the last part of your prayer of the petition, for mediating with the Parliament concerning those particulars following, I am to acquaint you, that as the most part of the particulars are such as relate to publique justice & a generall settlement of the liberties of the Kingdome, the Councell hath taken many of them already into consideration, and are in consideration of some other thinges remayning, which soe soone as they have passed the Councell you will see publique, and wee hope to your satisfaction; and the other particulars that you desire mediation in particularly, either concerning the reformation of laws in being, or the making of new, the Councell commanded mee to lett you know that such thinges as those are matters of publique justice & of generall settlement of the liberties of the Kingdome, they shall soe farre as they are proper for their cognizance take them into consideration in their place & time.a

[a ]This is the sixth Reserve in the original Agreement, and the fifth in the Agreement as presented on January 20, 1649. The difference is that the sixth Reserve originally began, “That the Representatives intermeddle not with the execution of any law, nor give judgment,” &c. Both versions conclude “punishing publique officers for abusing or failing in their trust,” so that these three words are probably accidentally omitted in the report of the proceedings of December 26, printed above. For the formulas adopted in November, 1647, see vol. i., pp. 407, 408.

[a ]A large number of petitions both from the army and different counties were presented to Fairfax in December and January, 1648-9. See Rushworth, vii., 1374, 1388, and the Moderate for those months, pp. 200, 210, 211, 214, 223, 224, 231, 233, 239, 251, 263, 285.