The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreword
• Postscript to the 1950 Edition
• Preface to the Second Edition
• Introduction
• Part I.: The Putney Debates
• At the General Council of Officers 1 At Putney, 28th October 1647.
• Putney, 29th October 1647
• Putney, 1st November 1647 At the General Council of the Army
• Part II.: The Whitehall Debates a
• General Council 1 At Whitehall, 14th December 1648 B
• Council of Officers, 8th-11th January 1649
• Whitehall, 13th January 1649 General Council 1 a
• Part III.: Puritan Views of Liberty a
• I.: Some Principles of the Puritan Parties
• From John Saltmarsh, Smoke In the Temple (1646) B
• From J[ohn] G[oodwin], Independency God’s Verity (1647) a
• II.: The Law of Nature
• From William Ames, Conscience (1639) a
• III.: Religious Principles of Resistance
• Christian Obedience and Its Limits From Calvin’s Institution of Christian Religion (thomas Norton’s Translation) a
• Presbyterian Principles of Resistance From [samuel Rutherford], Lex, Rex (1644) a
• Independent Principles of Resistance From John Goodwin, Right and Might Well Met (1649) a
• IV.: The Law and the Gospel: Christian Liberty
• From Luther’s Commentary Upon Galatians (edition of 1644) a
• Milton On Christian Liberty
• V.: The Privileges of the Saints
• The Elect and the Reprobate From William Prynne, Anti-arminianism (1630) a
• The Millennium At Hand [hanserd Knollys], 1 a Glimpse of Sion’s Glory (1641) a
• The Rule of the Saints 1 Certain Queries Presented By Many Christian People (1649) a
• VI.: Liberty of Conscience
• Independent Position From the Ancient Bounds (1645) a
• Separatist Position From Roger Williams, the Bloody Tenent of Persecution 1 (1644) a
• VII.: Models of a Free Church
• The Power of the People From Thomas Goodwin and Philip Nye’s Introduction to John Cotton’s the Keys of the Kingdom of Heaven (1644) a
• The Church Covenant From [richard Mather], an Apology For Church Covenant (1643) a
• From the Saints’ Apology (1644) a
• A Spiritual Church From William Dell, the Way of True Peace and Unity 1 (1649) a
• VIII.: Leveller Principles 1
• God and Man From John Lilburne, the Free-man’s Freedom Vindicated (1646) a
• An Appeal to Parliament From the Large Petition of the Levellers 1 (march 1647) B
• An Appeal to the People From Richard Overton, an Appeal From the Commons to the Free People (1647) a
• Parliament Once More From the Levellers’ Petition to the House of Commons, 1 11th September 1648. A
• Agreements of the People the History of the Second Agreement 1 From John Lilburne, Legal Fundamental Liberties (1649) a
• The Second Agreement of the People (1648) From John Lilburne, Foundations of Freedom a
• The Female of the Species From a Petition of Women, Affecters and Approvers of the Petition of Sept. 11, 1648 1 (5th May 1649) a
• Democracy In the City From London’s Liberties Or a Learned Argument of Law and Reason 1 (dec. 1650) a
• IX.: Digger Principles
• From the True Levellers’ Standard Advanced 1 (1649) a
• Appendix a
• A.: the Spirit of the New Model
• 1.: Reports of Observers
• 2.: A Sermon At Putney From Thomas Collier, a Discovery of the New Creation a (preached At the Headquarters, Putney, 29th Sept. 1647)
• B.: the Army Organizes: May—june 1647
• 3.: Apology of the Soldiers to Their Officers 1 (3rd May ) a
• 4.: Advertisements For the Managing of the Counsels of the Army, 1 Walden, 4th May 1647 B
• 5.: From the Grievances of Regiments, Presented At Saffron Walden, 13th-14th May a
• 6.: Letters to the Agitators 1
• 7.: From a Solemn Engagement of the Army 1 (5 Th June ) a
• 8.: From a Representation of the Army (14th June) a
• C.: The Reading Debates
• 9.: Summary, With Selections, of the Debate In the General Council of the Army, At Reading, 16th July 1647, On the Proposals of the Agitators For Five Points to Be Insisted On By the Army and Enforced By a March On London a
• 10.: Account of the Debate, In a Newsletter From Reading, B 17 Th July.
• D.: Documents Relating to the Putney Debates
• 13.: From the Heads of the Proposals a
• 14.: The Levellers’ Discontent With the Heads of the Proposals From [john Wildman], Putney Projects a
• 15.: From [john Wildman], the Case of the Army Truly Stated a 15th Oct.
• 16.: A Letter From the Agents to the Whole Soldiery From Two Letters From the Agents of the Five Regiments (28th Oct.) a
• 17.: Letter of John Saltmarsh to the Council of War (28th Oct.) a
• 18.: From a Call to All the Soldiers of the Army By the Free People of England 1 (29 Th Oct.) a
• 19.: An Agreement of the People ( Printed 3rd Nov.) a
• 20.: Summary (with Quotation) of the Reports of the Committee On the Army’s Papers and the Agreement of the People a
• 21.: Proceedings In the General Council, 4th-9th Nov. From a Letter From Several Agitators to Their Regiments (11th Nov.) a
• E.: Documents Relating to the Whitehall Debates
• 22.: Petition of 11th September 1648:
• 23.: From a Remonstrance of Fairfax and the Council of Officers 1 (16th November 1648) a
• 24.: History of the Second Agreement of the People:
• 25.: From the Declaration of the Army, On the March to London, 30th November 1648 a
• 26.: Text of the Second Agreement of the People:
• 27.: Summary of the Debates On the Agreement, In the Council of Officers, 16th December-6th January; and of the Examination of Elizabeth Poole On 29th December and 5th January. a
• 28.: The Levellers’ Dissatisfaction With the Debates From John Lilburne, a Plea For Common Right and Freedom (28th Dec. 1648) a
• F.: Retrospect
• 29.: From a Declaration of the English Army Now In Scotland, 2 1st Aug. 1650 a
• Notes On Text

THE SECOND AGREEMENT OF THE PEOPLE (1648)

From John Lilburne, Foundations of Freedoma

(with variants introduced by the Council of Officers, in notes)

The Publisher to the Judicious Reader

Dear Countryman,

This Agreement having had its conception for a common good as being that which contains those foundations of freedom and rules of government, adjudged necessary to be established in this nation for the future, by which all sorts of men are to be bound, I adjudged it a just and reasonable thing to publish it to the view of the nation, to the end that all men might have an opportunity to consider the equity thereof, and offer their reasons against anything therein contained, before it be concluded. That being agreeable to that principle which we profess, viz., to do unto you as we would all men should do unto us, not doubting but that the justice of it will be maintained maugre the opposition of the stoutest calumniator, especially in those clear points in the reserve so much already controverted, viz., touching the magistrate’s power to compel or restrain in matters of religion, and the exercise of an arbitrary power in the Representative to punish men for state offences against which no law hath provided; which two things especially are so clear to my understanding that I dare with confidence aver that no man can demand the exercise of such a power but he that intends to be a tyrant, nor no man part with them but he that resolves to be a slave. * * *1

An2Agreement of the People of England, and the places therewith incorporated, for a firm and present peace upon grounds of common right and freedom.3

Having by our late labours 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 ourselves bound, in mutual duty to each other, to take the best care we can for the future, to avoid both the danger of returning into a slavish condition and the chargeable remedy of another war. For as it cannot be imagined that so many of our countrymen would have opposed us in this quarrel if they had understood their own good, so may we safely promise to ourselves, that when our common rights and liberties shall be cleared, their endeavours 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 council, or by the undue or unequal constitution thereof, or by rendering those meetings ineffectual, we are fully agreed and resolved4 to provide that hereafter our Representatives be neither left for 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:

I. That to prevent the many inconveniences apparently arising from the long continuance of the same persons in5 authority, this present Parliament be dissolved upon or before the last day of April, in the year of our Lord 1649.

II. That the people of England being at this day very unequally distributed by counties, cities, or boroughs, for the election of their representatives, be more indifferently proportioned, and to this end, that the Representative of the whole nation shall consist of 300 persons;7 and in each county and the places thereto subjoined there shall be chosen to make up the said Representative at all times, the several numbers hereunder mentioned. * * *

[Here follows the distribution of seats for the counties, the cities, the parliamentary boroughs, and the two universities.]8

III. The Manner of Elections:

1. That the electors in every division shall be natives or denizens of England,9 such as have subscribed this Agreement,10 not persons receiving alms, but such as are assessed ordinarily towards the relief of the poor; not servants to, or receiving wages from, any particular person. And in all elections (except for the Universities) they shall be men of one-and-twenty years old or upwards, and housekeepers, dwelling within the division for which the election is. Provided that until 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 have adhered to, or assisted the King against the Parliament in any of these wars or insurrections; or who shall make or join in, or abet any forcible opposition against this Agreement;11 and that such as shall not subscribe it before the time limited for the end of this Parliament, shall not have vote in the next election; neither if they subscribe afterwards, shall they have any voice in the election next succeeding their subscription, unless their subscription were six months before the same.12

2. That13 until the end of fourteen years14 such persons, and such only, may be elected for any division, 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 fourteenth of June, 1645, or else in money, plate, horse, or arms, lent upon the propositions, before the end of May, 1643, or who have joined in, or abetted the treasonable engagement in London in the year 1647, or who declared or engaged themselves for a cessation of arms with the Scots who invaded the nation the last summer, or for compliance with the actors in any the insurrections of the same summer, or with the Prince of Wales or his accomplices in the revolted fleet.15

3. That whoever, being by the rules in the two next preceding articles 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 moiety of his estate to the use of the public, 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 three 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 their representatives;16 then each person so offending shall incur the pain of confiscation of his whole estate, both real and personal; and if he have not an estate to the value of fifty pounds, shall suffer imprisonment during one whole year without bail or mainprize; provided that the offender in each such case be convicted within three months next after the committing of his offence.17

4. That for the more convenient election of representatives, each county, with the several places thereto conjoined, wherein more than three representatives are to be chosen, shall be divided by a due proportion into so many parts, as each part may elect two, and no part above three, representatives. And for the making of these divisions,18 two persons be chosen in every hundred, lathe, or wapentake, by the people therein (capable of electing as aforesaid), which people shall on the last Tuesday in February next between eleven and three of the clock, be assembled together for that end at the chief town or usual meeting place in the same hundred, lathe, or wapentake. And that the persons in every hundred, lathe, or wapentake, so chosen, or the major part of them, shall on the fourteenth day after their election meet at the common hall of the county-town, and divide the county into parts as aforesaid, and also appoint a certain place in each respective part of the division, wherein the people shall always meet for the choice of their representatives, and shall make returns of the said divisions, and certain places of meeting therein, into the Parliament records in writing under the hands and seals of the major part of them present; and also cause the same to be published in every parish in the county before the end of March now next ensuing. And for the more equal division of the City of London for the choice of its representatives, there shall one person be chosen by the people in every parish in the said City (capable of election as aforesaid) upon the last Tuesday in February aforesaid; on which day they shall assemble in each parish for the same purpose between two and four of the clock. And that the persons so chosen, or the major part of them, shall upon the fourteenth day after their election meet in the Guild Hall of the said City, and divide the same City into eight equal parts or divisions, and appoint a certain place in every division respectively, wherein the people of that division shall always meet for the choice of their representatives, and shall make return thereof, and cause the same to be published in the manner prescribed to the several counties, as in this article.

5. That for the better provision for true and certain returns of persons elected, the chief public officer in every division aforesaid, who shall be present at the beginning of the election, and in the absence of every such officer, then any person eligible as aforesaid, whom the people at that time assembled shall choose for that end, shall regulate the elections, and by poll or otherwise clearly distinguish and judge thereof,19 and make true return thereof in writing indented under the hands and seals of himself, and of six or more of the electors, into the Parliament’s records, within one-and-twenty days after the election, and for default thereof, or for making any false return, shall forfeit £100 to the public use.20

IV. That one hundred and fifty members at least be always present in each sitting of the Representatives at the passing of any law, or doing of any act whereby the people are to be bound.21

V. That every Representative shall within twenty days after their first meeting, appoint a Council of State for the managing of public affairs until the first22 day of the next Representative, and the same council to act and proceed therein, according to such instructions and limitations as the Representatives shall give, and not otherwise.

VI. That to the end all officers of state may be certainly accomptable, and no factions made to maintain corrupt interests, no member of a Council of State, nor any officer of any salary forces in army or garrison, nor any treasurer or receiver of public moneys, shall (while such) be elected to be a representative; and in case any such election shall be, the same to be void; and in case any lawyer shall be chosen of any Representative or Council of State, then he shall be incapable of practice as a lawyer during that trust.

VII.23 That the power of the People’s Representatives extend (without the consent or concurrence of any other person or persons) to the enacting, altering, repealing, and declaring of laws; to the erecting and abolishing officers of courts of justice,24 and to whatsoever is not in this Agreement excepted or reserved from them.

As particularly:25

1.26 We do not empower our Representatives to continue in force, or make, any laws, oaths, covenants, whereby to compel by penalties or otherwise any person to anything in or about matters of faith, religion, or God’s worship, or to restrain any person27 from the professing his faith, or exercise of religion according to his conscience in any house or place (except such as are, or shall be, set apart for the public worship); nevertheless the instruction or directing of the nation in a public way for the matters of faith, worship, or discipline (so it be not compulsive or express popery) is referred to their discretion.

2. We do not empower them to impress or constrain any person to serve in28 war either by sea or land,29 every man’s conscience being to be satisfied in the justness of that cause wherein he hazards his life.30

3. That after the31 dissolution of this present Parliament,32 none of the people be at any time questioned for anything said or done in reference to the late wars or public differences, otherwise than in execution or pursuance of the determination 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 public moneys received, shall remain accomptable for the same.33

4. That in any laws hereafter to be made, no person by virtue of any tenure, grant, charter, patent, degree or birth, shall be privileged from subjection thereto, or [from] being bound thereby as well as others.

5.34 That all privileges or exemptions of any persons from the laws, or from the ordinary course of legal proceedings, by virtue of any tenure, grant, charter, patent, degree or birth, or of any place of residence or refuge, shall be henceforth void and null, and the like not to be made nor revived again.35

6. That the Representatives intermeddle not with the execution of laws, or give judgment upon any man’s person or estate, where no law hath been before provided, save only in calling to an accompt, and punishing public officers for abusing or failing their trust.

7. That no member of any future Representative be made either receiver, treasurer or other officer during that employment, saving to be a member of the Council of State.

8. That no Representative shall in any wise render up, or give, or take away any the foundations of common right, liberty or safety contained in this Agreement, nor shall level men’s estates, destroy propriety, or make all things common.36

VIII. That the Council of State, in case of imminent danger or extreme necessity, may in each interval summon a Representative to be forthwith chosen and to meet, so as the sessions thereof continue not above forty37 days, and so it dissolve two months38 before the appointed time for the meeting of the next Representative.

IX.39 That all securities given by the public faith of the nation shall be made good by the next and all future Representatives,40 save that the next Representative may continue or make null, in part or in whole, all gifts of moneys41 made by the present House of Commons to their own members, or to any of the Lords, or to any of the attendants of either of them.

X.42 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 virtue of this Agreement, lose the benefit and protection of all the laws of the land, and die without mercy.

These things we declare to be essential to our just freedoms, and to a thorough composure of our long and woeful distractions. And therefore we are agreed and resolved to maintain these certain rules of government and all that join therein, with our utmost possibilities, against all opposition whatsoever.43

These following particulars were offered to be inserted in the Agreement, but adjudged fit, as the most eminent grievances, to be redressed by the next Representative:

1. It shall not be in their power to punish or cause to be punished any person or persons for refusing to answer to questions against themselves in criminal cases.

2. That it shall not be in their power to continue or constitute any proceedings in law, that shall be longer than three or four months in finally determining of any cause past all appeal, or to continue the laws (or proceedings therein) in any other language than in the English tongue.

3. It shall not be in their power to continue or make any laws to abridge any person from trading unto any parts beyond the seas, unto which any are allowed to trade, or to restrain trade at home.

4. It shall not be in their power to continue excise longer than twenty days after the beginning of the next Representative, nor to raise moneys by any other way except by an equal rate, proportionably to men’s real or personal estates; wherein all persons not worth above thirty pound shall be exempted from bearing any part of public charge, except to the poor and other accustomary charge of the place where they dwell.

5. It shall not be in their power to make or continue any law whereby men’s estates, or any part thereof, shall be exempted from payment of their debts; or to continue or make any law to imprison any man’s person for debts of that nature.

6. It shall not be in their power to make or continue any law for taking away any man’s life except for murder, or for endeavouring by force to destroy this Agreement; but [they] shall use their uttermost endeavour to propound punishments equal to offences, that so men’s lives, limbs, liberties and estates may not as hitherto be liable to be taken away upon trivial or slight occasion; and shall have special care to keep all sorts of people from misery and beggary.

7. They shall not continue or make a law to deprive any person in case or trial from the benefit of witnesses, as well for as against him.

8. They shall not continue the grievance and oppression of tithes longer than to the end of the first Representative; in which time they shall provide for and satisfy all impropriators. Neither shall they force any person to pay toward the maintenance of the public ministers, who out of conscience cannot submit thereunto, but shall provide for them in some other unoppressive way.

9. They shall not continue or make a law for any other ways of judgment or conviction of life, liberty, or estate, but only by twelve sworn men of the neighbourhood.

10. They shall not continue or make a law to allow any person to take above six pound per cent. for loan of money for a year.

11. They shall not disable any person from bearing any office in the commonwealth for any opinion or practice in religion, though contrary to the public way.44

Unto these I shall add:

1. That the next Representative be most earnestly pressed for the ridding of this kingdom of those vermin and caterpillars, the lawyers, the chief bane of this poor nation; to erect a court of justice in every hundred in the nation, for the ending of all differences arising in that hundred, by twelve men of the same hundred annually chosen by freemen of that hundred, with express and plain rules in English made by the Representative, or supreme authority of the nation, for them to guide their judgments by.

2. That for the preventing of fraud, thefts, and deceits, there be forthwith in every county or shire in England, and the Dominion of Wales, erected a county record for the perfect registering of all conveyances, bills, and bonds, &c., upon a severe and strict penalty.

3. That in case there be any need, after the erection of hundred courts, of mayors, sheriffs, justices of the peace, deputy lieutenants, &c.; that the people capable of election of Parliament-men in the foregoing Agreement, be restored by the Representative unto their native, just, and undoubted right by common consent, from amongst themselves annually to choose all the foresaid officers in such manner as shall be plainly and clearly described and laid down by the supreme authority of the nation; and that when any subsidies or public taxes be laid upon the nation, the freemen of every division or hundred capable of election as aforesaid, choose out persons by common consent from amongst themselves, for the equal division of their assessments.

4. That the next Representative be earnestly desired to abolish all base tenures.

[1] Dated Friday, 10th December 1648.

[2] Notes (except where specified) record the significant changes introduced by the Council of Officers (as a result of the Whitehall Debates), before presenting the Agreement to Parliament, on 20th January 1649.a

[3] + and safety.

[4] + God willing.

[5] + supreme.

[7] 400 persons, or not more. (Clarke MS. copy reads: three or four hundred.)

[8] + Provided that the first or second Representative may . . . assign the remainder of the 400 representers . . . unto such counties as shall appear in this present distribution to have less than their due proportion. Provided also that where any city or borough . . . shall be found in a due proportion not competent . . . to elect . . . the number of representers assigned thereto, it is left to future Representatives to assign such a number of parishes or villages near adjoining . . ., to be joined therewith in elections, or [they] may make the same proportionable. . . . That the people do, of course, choose themselves a Representative once in two years and shall meet for that purpose upon the first Thursday in every second May . . .; and the Representatives so chosen, to meet upon the second Thursday in the June following . . . and to continue their sessions . . . until the second Thursday in December following, unless they shall adjourn 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 in this Agreement.

[9] Omits.

[10] Omits.

[11] Omits.

[12] Omits.

[13] Transposes provision respecting representatives to ¹⁵ before +.

[14] Transposes provision respecting representatives to ¹⁵ before +.

[15] + And we 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 covetousness; and that our Representatives would make the best provisions for that end.

[16] + for the first Representative.

[17] + And the first Representative is to make further provision for the avoiding of these evils in future elections. + VI below.

[18] Substitutes: so as to make the elections less subject to confusion or mistake, in order to the next Representative, Thomas Lord Grey of Groby [two knights, one gentleman, five citizens of London, also named] or any five or more of them are intrusted to nominate . . . three or more fit persons in each county, and in each city and borough . . ., to be as commissioners for the ends aforesaid. . . . Which commissioners . . . shall . . . appoint two fit and faithful persons or more in each hundred, lathe, or wapentake . . . and in each ward within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement. . . . And the same commissioners . . . for the several counties, cities, and boroughs respectively shall, where more than three representers are to be chosen, divide such counties, as also the City of London, into . . . such parts as are aforementioned and shall set forth the bounds of such divisions; and shall . . . appoint one place certain wherein the people shall meet for the choice of the representers, and some one fit person or more . . . to be present at the time and place of election, in the nature of sheriffs to regulate the elections . . .; and shall in every . . . parish likewise nominate . . . one trusty person or more . . ., to make a true list of all the persons . . . who, according to the rules aforegoing, are to have voice in the elections, and expressing who amongst them are, by the same rules, capable of being elected, and such list . . . to bring in and return . . unto the person appointed in the nature of sheriff. . . . Which person . . . being present . . ., or in case of his absence by one hour after the time limited for the people’s meeting, then any person present that is eligible, . . . whom the people, then and there assembled, shall choose for that end, shall receive . . . the said lists and admit the persons therein contained . . . unto a vote in the said election, and, having first caused this Agreement to be publicly read . . ., shall proceed unto, and regulate, and keep peace and order in the elections, and by poll or otherwise openly distinguish and judge of the same. . . .

[19] Substitutes: so as to make the elections less subject to confusion or mistake, in order to the next Representative, Thomas Lord Grey of Groby [two knights, one gentleman, five citizens of London, also named] or any five or more of them are intrusted to nominate . . . three or more fit persons in each county, and in each city and borough . . ., to be as commissioners for the ends aforesaid. . . . Which commissioners . . . shall . . . appoint two fit and faithful persons or more in each hundred, lathe, or wapentake . . . and in each ward within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement. . . . And the same commissioners . . . for the several counties, cities, and boroughs respectively shall, where more than three representers are to be chosen, divide such counties, as also the City of London, into . . . such parts as are aforementioned and shall set forth the bounds of such divisions; and shall . . . appoint one place certain wherein the people shall meet for the choice of the representers, and some one fit person or more . . . to be present at the time and place of election, in the nature of sheriffs to regulate the elections . . .; and shall in every . . . parish likewise nominate . . . one trusty person or more . . ., to make a true list of all the persons . . . who, according to the rules aforegoing, are to have voice in the elections, and expressing who amongst them are, by the same rules, capable of being elected, and such list . . . to bring in and return . . unto the person appointed in the nature of sheriff. . . . Which person . . . being present . . ., or in case of his absence by one hour after the time limited for the people’s meeting, then any person present that is eligible, . . . whom the people, then and there assembled, shall choose for that end, shall receive . . . the said lists and admit the persons therein contained . . . unto a vote in the said election, and, having first caused this Agreement to be publicly read . . ., shall proceed unto, and regulate, and keep peace and order in the elections, and by poll or otherwise openly distinguish and judge of the same. . . .

[20] + and [he] shall also cause indentures to be made . . . betwixt himself and six or more of the said electors, on the one part, and . . . each person elected . . ., on the other part, expressing their election of him as a representer of them according to this Agreement, and his acceptance of that trust, and his promise to perform the same with faithfulness, to the best of his understanding and ability, for the glory of God and [the] good of the people. This course is to hold for the first Representative, which is to provide for the ascertaining of these circumstances in order to future Representatives.

[21] + saving that the number of sixty may make a house for debates or resolutions that are preparatory thereunto.

[22] tenth . . . unless that next Representative think fit to put an end to that trust sooner.

[23] + That the Representatives have, and shall be understood to have, the supreme trust in order to the preservation and government of the whole.

[24] Omits.

[25] + and the highest and final judgment concerning all natural or civil things, but not concerning things spiritual or evangelical. Provided that, even in things natural and civil, these six particulars . . . are . . . understood to be excepted and reserved from our Representatives.

[26] (Lilburne admits here ‘mending a clause . . . to the sense of all of us but Ireton’; above p. 350.) Reserve in religion becomes Article IX of final Agreement:

Concerning religion, we agree as followeth: (1) It is intended that the Christian religion be held forth and recommended as the public profession in this nation, which we 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 the people thereunto in a public way, so it be not compulsive, as also the maintaining of able teachers for that end, and for the confutation or discovery of heresy, error, and whatsoever is contrary to sound doctrine, is allowed to be provided for by our Representatives; the maintenance of which teachers may be out of a public treasury, and we desire, not by tithes; provided that popery or prelacy be not held forth as the public way or profession in this nation. (2) That to the public profession so held forth, none be compelled by penalties or otherwise; but only may be endeavoured to be won by sound doctrine, and the example of a good conversation. (3) That such as profess faith in God by Jesus Christ, however differing in judgment from the doctrine, worship, or discipline publicly 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 public worship (where we provide not for them unless they have leave), so as they abuse not this liberty to the civil injury of others, or to actual disturbance of the public peace on their parts. Nevertheless, 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 preceding, concerning religion, be, and are hereby, repealed and made void.

[27] (Clarke MS. + professing Christianity).

[28] + any foreign.

[29] + nor for any military service within the kingdom, save that they may take order for the forming, training and exercising of the people in a military way, to be in readiness for resisting of foreign invasions, suppressing of sudden insurrections, or for assisting in execution of the laws, and may take order for the employing and conducting of them for those ends; provided that, even in such cases, none be compelled to go out of the county he lives in, if he procure another to serve in his room.

[30] Omits.

[31] time herein limited for the commencement of the first Representative.

[32] time herein limited for the commencement of the first Representative.

[33] + IX below.

[34] Omits.

[35] Omits.

[36] + and that, in all matters of such fundamental concernment, there shall be a liberty to particular members of the said Representatives to enter their dissents from the major vote.

[37] eighty.

[38] fifty days.

[39] That no securities given . . . shall be made void or invalid . . . except to such creditors as have . . . justly forfeited the same.

[40] That no securities given . . . shall be made void or invalid . . . except to such creditors as have . . . justly forfeited the same.

[41] + lands, . . . offices, or otherwise.

[42] Substitutes:

It is agreed that whosoever shall by force of arms 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 contained in this Agreement), he shall forthwith, after . . . such resistance, lose the benefit and protection of the laws, and shall be punishable with death as an enemy and traitor to the nation. Of the things expressed in this Agreement: the certain ending of this Parliament, as in the first Article; the equal or proportionable distribution of the number of the representaters to be elected, as in the second; the certainty of the people’s meeting to elect for Representatives biennial, 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 Council of State, and of the sixth, concerning the calling, sitting and ending of the Representatives extraordinary; also the power of Representatives to be, as in the eighth Article, and limited, as in the six reserves next following the same; likewise the second and third particulars under the ninth Article, concerning religion, and the whole matter of the tenth Article; all these we do account and declare to be fundamental 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 useful and good for the public; and the particular circumstances of numbers, times, and places expressed in the several Articles, we account not fundamental; but we find 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.

[43] Substitutes:

It is agreed that whosoever shall by force of arms 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 contained in this Agreement), he shall forthwith, after . . . such resistance, lose the benefit and protection of the laws, and shall be punishable with death as an enemy and traitor to the nation. Of the things expressed in this Agreement: the certain ending of this Parliament, as in the first Article; the equal or proportionable distribution of the number of the representaters to be elected, as in the second; the certainty of the people’s meeting to elect for Representatives biennial, 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 Council of State, and of the sixth, concerning the calling, sitting and ending of the Representatives extraordinary; also the power of Representatives to be, as in the eighth Article, and limited, as in the six reserves next following the same; likewise the second and third particulars under the ninth Article, concerning religion, and the whole matter of the tenth Article; all these we do account and declare to be fundamental 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 useful and good for the public; and the particular circumstances of numbers, times, and places expressed in the several Articles, we account not fundamental; but we find 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.

[44] These particulars (together with 3 below, the election of municipal officers) are added in the Levellers’ third Agreement of the Free People of England, issued by John Lilburne, William Walwyn, Thomas Prince, and Richard Overton, on 1st May 1649; which also contains some further provision, e.g.:

IV.a That no member of the present Parliament shall be capable of being elected of the next Representative, nor any member of any Representative shall be capable of being chosen for the Representative immediately ensuing. * * *

VIII. And for the preservation of the supreme authority, in all times, entirely in the hands of such persons only as shall be chosen thereunto, we agree and declare: That the next and all future Representatives shall continue in full power for the space of one whole year; and that the people shall of course choose a Parliament once every year. . . . Also (for the same reason) that the next or any future Representative, being met, shall continue their session, day by day, without intermission for four months, and after that shall be at liberty to adjourn from two months to two months, as they shall see cause, until their year be expired; but shall sit no longer than a year upon pain of treason to every member that shall exceed that time. And in times of adjournment [they] shall not erect a Council of State, but refer the managing of affairs in the intervals to a committee of their own members, giving such instructions (and publish[ing] them) as shall in no measure contradict this Agreement. * * *

XXIV. That it shall not be in their power to impose ministers upon any the respective parishes, but [they] shall give free liberty to the parishioners . . . to choose such as themselves shall approve, and upon such terms, and for such reward, as themselves shall be willing to contribute or shall contract for. Provided none be choosers but such as are capable of electing Representatives. * * *

And forasmuch as nothing threateneth greater danger to the commonwealth than that the military power should by any means come to be superior to the civil authority: XXIX. We declare and agree that no forces shall be raised, but by the Representative for the time being; and in raising thereof that they exactly observe these rules, namely: that they allot to each particular county, city, town, and borough, the raising, furnishing, agreeing, and paying of a due proportion, according to the whole number to be levied; and shall to the electors of Representatives in each respective place give free liberty to nominate and appoint all officers appertaining to regiments, troops, and companies, and to remove them as they shall see cause, reserving to the Representative the nominating and appointing only of the general and all general officers, and the ordering, regulating, and commanding of them all upon what service shall seem to them necessary for the safety, peace, and freedom of the commonwealth.

[355. (a)]Foundations of Freedom or an Agreement of the People: Proposed as a rule for future government in the establishment of a firm and lasting peace. Drawn up by several well-affected persons, and tendered to the consideration of the General Councel of the Army; and now offered to the consideration of all persons who are at liberty, by printing or otherwise, to give their reasons for, or against it. Unto which is annexed several grievances, by some persons offered to be inserted in the said Agreement, but adjudged only necessary to be insisted on, as fit to be removed by the next representatives. Published for the satisfaction of all honest interests. 1648 [Preface dated 10th Dec. 1648; Thomason’s date, 15th Dec.]. Compared with another edition in McAlpine Collection (with same preface dated 15th Dec., and with the imprint: London, Printed for R. Smithurst, 1648).

[356. (a)] Text of these passages is supplied by A Petition from . . . Fairfax and the General Council of Officers . . . to . . . the Commons of England in Parliament assembled, concerning the Draught of an Agreement of the People. . . . Together with the said Agreement presented Jan. 20. . . . Tendred to the consideration of the people. * * * London Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington MDCXLIX [Jan. 22]. Compared with text in Rushworth’s Collections.

[365. (a)] Text supplied by An Agreement of the Free People of England. Tendered as a peace-offering to this distressed nation. By Lieutenant Colonel John Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton . . . May the 1. 1649. [No title-page; colophon: London, Printed for Gyles Calvert (McAlpin Collection).]