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20.: Summary (with quotation) of the Reports of the Committee on the Army’s Papers and the Agreement of the People a - Arthur Sutherland Pigott Woodhouse, Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents [1938]

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Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited with an Introduction A.S.P. Woodhouse, foreword by A.D. Lindsay (University of Chicago Press, 1951).

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20.

Summary (with quotation) of the Reports of the Committee on the Army’s Papers and the Agreement of the Peoplea

[The2 eighteen reported present include: Cromwell, Ireton, Waller, Rich, Rainborough, Goffe, Chillenden, Sexby, Allen, and the Agent Walley. The terms of reference are stated]: To consider the papers of the Army, and the paper of the People’s Agreement, and to collect and prepare somewhat to be insisted upon and adhered unto for settling the kingdom, and to clear our proceedings hitherto. * * *

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

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

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

(ii) That the qualifications of the people that shall have voices in the elections, as also of those that shall be capable of being elected, be determined by the Commons in this present Parliament before the end thereof, so as to give as much enlargement to common freedom as may be, with a due regard had to the equitya and end of the present constitution in that point. Wherein we desire it may be provided that all free-born Englishmen, or persons made free denizens of England, who have served the Parliament in the late war for the liberties of the kingdom, and were in the service before the 14th of June 1645, or have voluntarily assisted the Parliament in the said war with money, plate, horse, or arms, lent upon the Parliament’s propositions for that purpose, brought in thereupon before the1 day of 1642, shall, upon such certificates thereof as by the Commons in this present Parliament shall be determined sufficient, or upon other sufficient evidence of the said service or assistance, be admitted to have voices in the said elections for the respective counties or divisions wherein they shall inhabit, although they should not in other respects be within the qualifications to be set down as aforesaid. As also that it be provided, that no person who, for delinquency in the late war or otherwise, hath forfeited or shall forfeit his said freedom, and is or shall be so adjudged by the Commons in Parliament, either by particular judgment or otherwise, or according to general rules or law for that purpose, whiles he standeth or shall stand so adjudged and not restored, shall be admitted to have any voice in the said elections or be capable of being elected. And for that purpose, that it be provided either by law or judgment in this present Parliament, that no person whatsoever who hath been in hostility against the Parliament in the late war shall be capable of having a voice or being elected in the said elections, or to vote or sit as a member or assistant in either House of Parliament, until the second biennial Parliament be past.

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

6. For clearing of the power of Parliament in future, and the interest of the people therein, resolved:2

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

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

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

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

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

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

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

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

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

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

[2] Report of meeting of 30th October.

[1] [In margin:] Date of ordinance for 5th & 20th part [i.e. 29th November 1642].

[2] Report of meeting of 2nd November commences here. See above, p. 113, note.

[449. (a)] Clarke MSS., vol. 67; and Clarke Papers, ed. Firth, 1. 363-7, 407-9.

[450. (a)]equality;

[(b)]small.

[451. (a)] Marginal notes omitted; these indicate that clauses were passed unanimously, save (ii) where margin reads: Major Corbett; noe.