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 likewise 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. A PETITION FROM His Excellency Thomas Lord Fairfax And the General council of Officers of the ARMY, To the honourable the COMMONS of ENGLAND in PARLIAMENT assembled, Concerning the Draught of An AGREEMENT of the PEOPLE For a secure and present PEACE, by them framed and prepared. Together with the said AGREEMENT presented Saturday, Jan. 20. And a DECLARATION of his Excellency and the said General council, concerning the same. tendered to the Consideration of the PEOPLE. BY the Appointment of the general council of Officers of the Army. Signed, JOHN Rushworth, Sec' LONDON, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. MDCXLIX. To the honourable the Commons of ENGLAND in Parliament assembled; The humble Petition of his Excellency Thomas Lord Fairfax, and the General council of Officers of the Army under his Command, concerning the Draught of An Agreement of the People, by them framed and prepared. IN our late Remonstrance of the 18 of November last, we propounded (next after the matters of public 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 general Contract or Agreement of the People; and since then, the matters so propounded be wholly rejected, or no consideration of them admitted in Parliament (though visibly of highest Moment to the public) and all ordinary Remedies being denied, we were necessitated to an extraordinary way of Remedy; whereby to avoid the mischiefs then at hand, and set you in a condition (without such obstructions or diversions by corrupt Members) to proceed to matters of public Justice and general Settlement. Now as nothing did in our own hearts more justify our late undertakings towards many Members in this Parliament, than 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 ourselves obliged to give the People all assurance possible, That our opposing the corrupt closure endeavoured with the King, was not in design to hinder Peace or Settlement, (thereby to render our employments, as soldiers, necessary to be continued,) and that neither that extraordinary course we have taken, nor any other proceedings of ours, have been intended for the setting up of any particular Party or Interest, by or with which to uphold ourselves 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 the settlement of a Peace and Government of the Kingdom upon Grounds of common Freedom and Safety: And therefore because ou● 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 be put into effect, We have thought it our duty to draw out these generals into an entire 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 Agreement, and in all things so circumstantiated, as to render it ripe for your speedier consideration, and the kingdom's acceptance and practice (if approved,) and so we do herewith humbly present it to you. Now to prevent misunderstanding of our intentions therein, We have but this to say, That we are far from such a Spirit, as positively to impose our private apprehensions upon the judgements of any in the Kingdom, that have not forfeited their Freedom, and much less upon yourselves: Neither are we apt in any wise to insist upon circumstantial things, or aught that is not evidently fundamental to that public 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, it may yet remain upon Record, before you, a perpetual witness of our real intentions and utmost endeavours 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 stopped, 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 judgements) it may receive Your Seal of Approbation only. 3. That (according to the method propounded therein) it may be tendered 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 meanwhile, the ascertaining of those circumstances, which it refers to Commissioners in the several Counties, may be proceeded upon in a way preparatory to the practice 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. And Your Petitioners shall pray, &c. WHITEHALL Jan. 15. 1649. By the Appointment of his Excellency, and the general council of Officers of the Army. Jo: Rushworth 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 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 Country men would have opposed us in this quarrel, if they had understood their own good, so may we hopefully promise to ourselves, That when our Common Right 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 ●neffectual. 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 supreme Authority, this Present Parliament end and dissolve 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 boroughs, 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 County, and the places thereto subjoined, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned; VIZ. In the County of Kent, with the boroughs, Towns, and Parishes therein (except such as are hereunder particularly named) ten. 10 The City of Canterbury, with the Suburbs adjoining, and Liberties thereof, two. 2 The City of Rochester, with the Parishes of Chatham and Strowd, one. 1 The Cinque Ports in Kent and Sussex, viz. Dover, Rumney, Hyde, Sandwich, Hastings, with the towns of Rye and Winchelsey, three. 3 The County of Sussex, with the boroughs, 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 boroughs, 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 boroughs, towns and Parishes therein (except Dorchester) seven. 7 The Town of Dorchester, one. 1 The County of Devon, with the boroughs, Towns and Parishes therein, except such as are hereunder particularly named, twelve. 12 The City of Excester, two. 2 The Town of Plymonth, two. 2 The Town of Barnstaple, one. 1 The County of Cornwall, with the boroughs, Towns, and Parishes therein, eight. 8 The County of Somerset, with the boroughs, towns and Parishes therein, except such as are hereunder named, eight. 8 The City of Bristol, three. 3 The town of Taunton-dean, one. 1 The County of Wilts, with the boroughs, Towns and Parishes therein (except Salisbury, seven. 7 The City of Salisbury, one. 1 The County of Berks, with the boroughs, Towns and Parishes therein, except Reading, five. 5 The Town of Reading, one. 1 The County of Surrey, with the boroughs, Towns, and Parishes therein, except Southwark, five. 5 The burrow of Southwark, two. 2 The County of Middlesex, with the boroughs, Towns, and Parishes therein, except such as are hereunder named, four. 4 The City of London, eight. 8 The City of Westminster, and the duchy, two. 2 The County of Hartford, with the boroughs, Towns, and Parishes therein, six. 6 The County of Buckingham with the boroughs, Towns and Parishes therein, six. 6 The County of Oxon, with the boroughs, Towns, and Parishes therein (except such as are here under-named) four. 4 The City of Oxon, two. 2 The University of Oxon, two. 2 The County of Gloucester, with the boroughs, towns and Parishes therein (except Gloucester) seven. 7 The City of Gloucester, two. 2 The County of Hereford, with the boroughs, towns, and Parishes therein (except Hereford) four. 4 The city of Hereford, one. 1 The County of Worcester, with the boroughs, towns, and Parishes therein (except Worcester) four. 4 The City of Worcester, two. 2 The County of Warwick, with the boroughs, towns, and Parishes therein (except Coventrey) five. 5 The City of Coventrey, two. 2 The County of Northampton, with the boroughs, towns and Parishes therein (except Northampton) five. 5 The Town of Northampton, one. 1 The County of Bedford, with the boroughs, towns, and Parishes therein, four. 4 The County of Cambridge, with the boroughs, towns, and Parishes therein (except such as are here under particularly named) four. 4 The University of Cambridge, two. 2 The Town of Cambridge, two. 2 The County of Essex, with the boroughs, towns, and Parishes therein (except Colchester) eleven. 11 The Town of Colchester, two. 2 The County of Suffolk, with the boroughs, Towns, and Parishes therein (except such as are hereunder named) ten. 10 The Town of Ipswitch, two. 2 The Town of S. edmond's Bury, one. 1 The County of Norfolk, with the boroughs, 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 boroughs, 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 boroughs, towns, and Parishes therein, one. 1 The County of Huntington, with the boroughs, Towns and Parishes therein, three. 3 The County of Leicester, with the boroughs, towns and Parishes therein (except Leicester) five. 5 The Town of Leicester, one. 1 The County of Nottingham, with the boroughs, Towns and Parishes therein (except Nottingham) four. 4 The Town of Nottingham, one. 1 The County of Derby, with the boroughs, towns, and Parishes therein (except Derby) five. 5 The Town of Derby, one. 1 The County of Stafford, with the City of Lichfield, the boroughs, town and Parishes therein, six. 6 The County of Salop, with the boroughs, towns, and Parishes therein (except Shrewsbury) fix. 6 The Town of Shrewesbury, one. 1 The County of Chester, with the boroughs, towns, and Parishes therein (except Chestor) five. 5 The City of Chester, two. 2 The County of Lancaster, with the boroughs, towns, and Parishes therein (except Manchester) fix. 6 The town of Manchester, and the Parish, one. 1 The County of York, with the boroughs, towns, and Parishes, therein, except such as are here under named, fifteen. 15 The City and County of the City of York, 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 boroughs, towns, and Parishes therein, except Duresme and Gateside, three. 3 The City of Duresme, one. 1 The County of Northumberland, with the boroughs, 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 Berwick, one. 1 The County of Cumberland, with the boroughs, towns, and Parishes therein, three. 3 The County of Westmoreland, with the boroughs, towns and Parishes therein, two. 2 The Isle of Anglesey (with the Parishes therein) two. 2 The County of Brecknock, with the boroughs, towns, and Parishes therein, three. 3 The County of Cardigan, with the boroughs and Parishes therein, three. 3 The County of Caermarthen, with the boroughs and Parishes therein, three. 3 The County of Carnarvan, with the boroughs and Parishes therein, two. 2 The County of Denbigh, with the boroughs and Parishes therein, two. 2 The County of Flint, with the boroughs and Parishes therein, one. 1 The County of Monmouth, with the boroughs and Parishes therein, four. 4 The County of Glamorgan, with the boroughs and Parishes therein, four. 4 The County of Merioneth, with the boroughs and Parishes therein, two. 2 The County of Mountgomery, with the boroughs and Parishes therein, three. 3 The County of Radnor, with the boroughs and Parishes therein, two. 2 The County of Pembroke, with the boroughs, Towns and Parishes therein, four. 4 Provided, That the first or second Representative may (if they see cause) assign the remainder of the four 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 less than their due proportion. Provided also, That where any city or burrow to which one Representor or more is assigned shall be found in a due proportion, not competent alone to elect a Representor, or the number of Representors assigned thereto, it is left to future Representatives to assign such a number of Parishes or Villages near adjoining to such City, or burrow, to be joined therewith in the Elections, as may make the same proportionable. 3. 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 be eleven of of Clock in the morning, and the Representatives so chosen to meet upon the second Thursday in June following at the usual place in Westminster, or such other place as by the foregoing Representative, or the council of State in the interval, shall be from time to time appointed and published to the People, at the least twenty days before the time of Election. And to continue their Session there or elsewhere 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 for the same purpose in this Agreement, viz. 1. That the Electors in every Division, shall be Natives, or denizens of England, not persons receiving alms, but such as are assessed ordinarily, towards the relief of the poor; 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 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 hath adhered unto, or assisted the King against the Parliament, in any the late wars, or Insurrections, or who shall make, or join 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 14th. 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, that invaded this 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. And also provided, That such persons as by the rules in the preceding Article are not capable of electing until the end of seven years, shall not be capable to be elected until the end of fourteen 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 covetousness, and that our Representatives would make the best Provisions for that end. 3. That who ever, 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 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 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 Representors, for the first Representative, than each person so offending shall incur the penalty 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, And the first Representative is to make further provision for the avoiding of these evils in after Elections. 4 That to the end, all Officers of State may be certainly accountable, 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 of 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, than he shall be uncapable of practice as a Lawyer, during thattrust. 5 For the more convenient Election of Representatives, each County wherein more than three Representors are to be chosen, with the towns Corporate and Cities, (if there be any) lying within the compass thereof, to which no Representors are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three Representors; For the setting forth of which Divisions, and the ascertaining of other circumstances hereafter expressed, so as to make the Elections less subject to confusion, or mistake, in order to the next Representative, Thomas Lord Grey of Grooby, Sir John Danvers, Sir Henry Holcraft, Knights; Moses Wall Gentleman, Samuel Moyer, John Langley, William Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Richard Price, and Col. John White, Citizens of London, or any five, or more of them are entrusted to nominate and appoint under their Hands and seals, 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 Counties, Cities, and boroughs, and by like writing under their Hands and seals shall certify into the Parliament Records, before the fourteenth day of February next, the names of the Commissioners so appointed for the respective Counties, Cities, and boroughs, which Commissioners or any three, or more of them, for the respective Counties, Cities, and boroughs, shall before the end of February next, by writing under their Hands and seals, appoint two fit and faithful 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 employed for that purpose in every Perish who are to return the subscriptions so taken to the persons that employed them, (keeping a transcript thereof to themselves,) and those persons keeping like Transcripts to return the original subscriptions to the respective Commissioners, by whom they were appointed, at, or before the fourteenth of April next, to be registered 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 Borroughs respectively, are to appoint two or more fit persons in every Parish within their Precincts to take such subscriptions, and (keeping transcripts thereof) to return the originals to the respective Commissioners by the said fourteenth of April next, to be registered and kept in the chief Court within the respecrive Cities and boroughs. And the same Commissioners, or any three, or more of them, for the several Counties, Cities, and Boroughs, respectively, shall, where more than three Representors are to be chosen, divide such Counties (as also the City of London) into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions, and shall in every County, City, and Borough (where any Representors are to be chosen) and in every such division as aforesaid within the City of London, and within the several Counties so divided, respectively, appoint one certain place wherein the people shall meet for the choice 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 sheriffs 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 expressed, and shall likewise in writing under their hands and seals, make Certificates of the several Divisions (with the bounds thereof) by them set forth, and of the certain places of meeting, and Persons, in the nature of sheriffs 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 several Parishes unto the trusties herein named before the end of April next, at such place, and in such form as the said trusties, 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 voice in the Elections, and expressing, who amongst them are by the same rules capable of being Elected, and such List (with the said Warrant) to bring in, and return at the time and place of Election, unto the Person appointed in the nature of sheriff, 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 hour after the time limited for the people's meeting, than any Person present that is eligible, as aforesaid, whom the people then and there assembled shall choose 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 publicly 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 seals 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 days after the Election (under pain for default thereof, or for making any false return to forfeit one hundred pounds to the public 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 severally on the other part, expressing their Election of him as a Representor of them, according to this Agreement, and his acceptance of that trust, and his promise accordingly to perform the same with faithfulness, 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 provide for the ascertaining of these Circumstances in order to future Representatives. 4. That one hundred and fifty Members at least be always 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 days after their first meeting appoint a council of State for the managing of public affairs, until the tenth day after the meeting of the next Representative, unless that next Representative think fit to put an end to that trust sooner. And the same council to Act, and proceed therein, according to such Instructions and limitations as the Representative shall give, and not otherwise. 6 That in each interval betwixt biennial Representatives, the council of State (in case of imminent danger, or extreme necessity) may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above fourscore days, and so as it dissolve, at least, fifty days before the appointed time for the next Bienniall Representative, and upon the fiftieth day so preceding it shall dissolve of course, if not otherwise dissolved sooner. 7 That no Member of any Representative be made either Receiver, Treasurer, or other Officer, during that employment, saving to be a Member of the council of State. 8 That the Representatives have, and shall be understood, to have, the supreme 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 and abolishing of Courts of Justice, and public Offices, and to the enacting, altering, repealing, and declaring of laws, and the highest and final Judgement, concerning all natural or civil things, but not concerning things spiritual or evangelical; Provided, that even in things natural and civil these six particulars next following, are, and shall be understood to be excepted, and reserved from our Representatives, viz. 1 We do not empower them to impressed or constrain any Person to serve in foreign war either by Sea or Land, nor for any military Service within the kingdom, save that they may take order for the 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 Law; and may take order for the employing 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 public 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 public moneys received, shall remain accountable for the same. 3. That no securities given, or to be given by the public Faith of the Nation, nor any engagement of the public 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, moneys, 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 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. That the Representative may not give judgement upon any man's person or estate, where no Law hath before provided; save only in calling to Account, and punishing public Officers for abusing or failing their trust. 6. That no Representative may in ●ny wise render up, or give, or take away any the Foundations of common Right, Liberty and Safety contained in this Agreement; nor level men's Estates, destroy Propriety, or make all things common: 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. 9 Concerning Religion, we agree as followeth: 1. It is intended, That 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 of the People whereunto 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 judgement 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 provided for in the two particulars next preceding concerning Religion be and are hereby repealed and made void. 10. 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) 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 traitor to the Nation. The form of subscription for the Officers of the Army. 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 Representators 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 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 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 those) 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 those most convenient that are here set down, and therefore do positively agree thereunto. A Declaration of the general council of Officers of the Army: Concerning the Agreement by them framed in order to peace, and from them tendered 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 spilled, and balance to the public expense and damage sustained in the War, and as some due improvement of that success, and blessing God hath pleased to give therein: And having not found any such Establishment assayed or endeavoured by those whose proper work it was, but the many addresses and desires of ourselves, and others, in that behalf, rejected, discountennanced and opposed, and only a corrupt closure endeavoured with the King, on terms, serving only 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 take extraordinary ways of remedy (when the ordinary were denied;) Now to exhibit our utmost endeavours for such a settlement, whereupon we, and other Forces, (with which the kingdom hath so long been burdened above measure, and whose continuance shall not be necessary for the immediate safety and quiet thereof) may with comfort to ourselves, and honesty towards the public, disband, and return to our homes and callings; and to the end men's jealousies and fears may be removed concerning any intentions in us to hold up ourselves in power, to oppress or domineer over the people by the sword; And that all men may fully understand those grounds of Peace and Government whereupon (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 do herewith tender to the people of this Nation. We shall not otherwise commend it, then to say, It contains the best and most hopeful Foundations for the Peace, & future well Government of this Nation, that we can devise or think on, within the line of human power, and such, wherein all the people interessed in this Land (that have not particular interests of advantage & power over others, divided from that which is common and public) are indifferently and equally provided for, save where any have justly forfeited their share in that common interest by opposing it, and so rendered themselves incapable thereof (at least) for some time: And we call the Consciences of all that read or hear it, to witness, whether we have therein provided or propounded any thing of advantage to ourselves in any capacity above others, or aught, 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 counsels of such Members, by many of whom a corrupt compliance with the King's Interest hath been driven on, and all settlement otherwise hath hitherto 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 usefulness and suitableness thereof to the public ends it holds forth, will cordially embrace it, and by subscription declare their concurrence, and accord thereto, when it shall be tendered to them, as is directed therein; wherein, if it please God we shall find a good Reception of it with the people of the Nation, or the Well-affected therein, We shall rejoice at the hoped good to the commonwealth, which (through God's mercy) may redound therefrom, and that God hath vouchsafed thereby to make us instrumental for any good settlement to this poor distracted 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 public prejudice) as to make opposition thereto, whereby the effect of it be hindered, 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 public 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. Now whereas there are many good things in particular ters which our own Reasons & 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 King's party, as shall not be excepted for 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 settling of a Revenue for all necessary public uses, in such a way as the people may be most eased, The assigning and ascertayning of securities for soldiers Arrears, and for public Debts and Damages. The taking away of Tithes, and putting that maintenance which shall be thought competent for able Teachers to instruct the people, into some other way, less subject to scruple or contention, the clearing and perfecting of accounts for all public moneys, the relieving of prisoners for Debt; the removing or reforming of other evils or inconveniencies in the present laws, and Administrations thereof, the redress of abuses, and supplying of Defects therein, the putting of all the laws and proceedings thereof into the English tongue, the reducing of the course of Law to more brevity and less charge, the settling of Courts of Justice and Record in each County or less 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 than 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, or judicial power over the kingdom, or to meddle in any thing save the fundamental settling of that power in the most equal and hopeful way for Common Right, Freedom, and Safety (as in this Agreement) and having not means nor time for, nor the necessity of some present general settlement admitting the delay of, such a consideration, as seems requisite in relation 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 public Justice, and general settlement are over, we shall not be wanting (if needful) humbly to recommend 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 least, as are of more near and present concernment, by this Parliament, and the rest by future Representatives in due time. And thus we recommend for present the business of this Agreement without further addition to the best consideration of all indifferent and equal 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 than we can wish or imagine, and who is most faithful to accomplish them in the best way and season. By the appointment of the General council of Officers. John Rushworth Secretary. FINIS.