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Front Page arrow Titles (by Subject) arrow Whitehall Dec. 29 1648. Generall Councell. - The Clarke Papers. Selections from the Papers of William Clarke, vol. 2

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Subject Area: Political Theory
Subject Area: History
Topic: The English Revolution

Whitehall Dec. 29 1648. Generall Councell. - Sir William Clarke, The Clarke Papers. Selections from the Papers of William Clarke, vol. 2 [1894]

Edition used:

The Clarke Papers. Selections from the Papers of William Clarke, Secretary to the Council of the Army, 1647-1649, and to General Monck and the Commanders of the Army in Scotland, 1651-1660, ed. C.H. Firth (Camden Society, 1894). 4 vols.

Part of: The Clarke Papers. Selections from the Papers of William Clarke, 4 vols.

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Whitehall Dec. 29 1648. Generall Councell.

The 7th Reserve read, [and] passt as it stands nemine contradicente.a

The 8th Reserve read [and] passt in the affirmative, nemine contradicente.

The 8th Article of the Agreement altered, and passed thus:

That the Councell of State (in case of imminent danger or extreame necessity) may in each intervall summon a Representative to bee forthwith chosen and to meete, soe as the Session thereoff continue not aboue fourescore dayes, and soe as it dissolve at least fifty dayes before the appointed time for the next Bienniall Representative, and upon the fiftieth day soe proceedeing it shall dissolve of course, if not otherwise dissolved sooner.a

The 9th Article of the Agreement read and passed (altered thus):

That all securities given by the publique faith of the Nacion shalbee made good by the next and future Representatives, except to such creditors as have or shall have justly forfeited the same, and saveing that the next Representative may confirme or make null in part or in whole all gifts of lands, money, or offices, or otherwise, made by the present Parliament to any member or attendant to either House.

The 10th Article read, and thus altered and passed. That whosoever shall, by force of Armes, resist the orders of the next, or any future Representative (except in case where such Representative shall expressly render up, or give, or take away the foundations of common right, libertie, and safty contayned in this Agreement) shall forthwith after his or their such resistance loose the benefitt and protection of all the lawes of the land, and shalbe punishable with death as an enemy and traytor to the Nation. Non contradicente.

The fifth reserve (formerly waved) read.

Question. Whether this shall pass as a reserve or noe.

Resolved in the Negative.

The NA of the Agreement read:

Com: Generall Ireton.Lt. Col. Salmon.
Colonel Harrison.Major Barton.
Colonel Rich.Captain Clarke.
Sir Hardress Waller.Captain Deane.
Colonel Deane.Captain Hoddon.

These or any six of them to meete at Com: Generall Ireton’s Quarters to morrow at 10 of the clock in the morneinge, to consider of a forme of conclusion and subscription to this Agreement as to the officers of the Army. Councell to meete againe on Munday by 10 of the clock in the forenoone.

[a ]The seventh Reserve in the original draft of the Agreement was: “That no member of any future Representative be made either Receiver, Treasurer, or other officer during that imployment, saving to be a Member of the Councell of State.” In the Agreement as presented on January 20 this was the seventh Article. The eight Reserve in the original draft of the Agreement was: “That no Representative shall in anywise render up, or give, or take away any of the foundations of common right, liberty or safety contained in this Agreement, nor shall levell men’s estates, destroy propriety or make all things common.” This became in the Agreement as presented on January 20 the sixth reservation of the eighth Article. The following words were also added in the completed Agreement: “And that, in all matters of such public concernment, there shall be a liberty to particular members of said Representative to enter their dissents from the major vote.”

The eighth Article of the original Agreement before it was altered, as mentioned above, concluded: “Soe as the sessions thereof continue not above 40 daies, and soe it dissolve two moneths before the appointed time for the meeting of the next Representative.” In the Agreement as presented on January 20 the Article, passed as above, is the sixth in order.

The ninth Article of the original Agreement passed as above, became in the completed Agreement the third reservation of the eighth Article. The chief alteration made by the Council from Lilburne’s original draft is the insertion of the sentences printed in italics.

The tenth Article now passed by the Council is also the tenth in the Agreement as presented on January 20. In the original draft of the Agreement it ran: “That every officer or leader of any forces in any present or future Army, or garrison that shall resist the orders of the next or any future Representative (except such Representative shall expressly violate this Agreement) shall forthwith after his or their resistance, by vertue of this Agreement, loose the benefit and protection of all the laws of the land, and die without mercy.” Lilburne’s Foundations of Freedom, p. 12.

[a ]Cf. vol. i., pp. 364, 365.