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 Countrymen 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 uneffectual. 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 Burroughs, 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 hereunder mentioned; VIZ. In the County of Kent, with the Burroughs, Towns, and Parishes therein, (except such as are hereunder particularly named,) 10. The City of Canterbury, with the Suburbs adjoining, and Liberties thereof, 2 The City of Rochester, with the Parishes of Chatham and Strewed, 1 The Cinque Ports in Kent and Sussex, viz, Dover, Rumney, Hyde, Sandwich, Hastings. with the Towns of Rye and Winchelsey, 3 The County of Sussex, with the Burroughs, Towns and Parishes therein (except Chichester, and the Cinque Ports) 8 The City of Chichester, with the Suburbs and Liberties thereof, 1 The County of Southampton, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, 8 The City of Winchester, with the Suburbs and Liberties thereof, 1 The County of the Town of Southampton, 1 The County of Dorset, with the Burroughs, Towns and Parishes therein (except Dorchester,) 7 The Town of Dorchester, 1 The County of Devon, with the Burroughs, Towns and Parishes therein, except such as are hereunder particularly named, 12 The City of Excester, 2 The Town of Plymouth, 2 The Town of Barnstaple, 1 The County of Cornwall, with the Burroughs, Towns and Parishes therein, 8 The County of Somerset, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, 8 The City of Bristol, 3 The Town of Taunton-Dean, 1 The County of Wilts, with the Burroughs, Towns and Parishes therein, except Salisbury, 7 The City of Salisbury, 1 The County of Berks, with the Burroughs, Towns and Parishes therein, except Reading, 5 The Town of Reading, 1 The County of Surrey, with the Burroughs, Towns and Parishes therein, except Southwark, 5 The Burrow of Southwark, 2 The County of Middlesex, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, 4 The City of London, 8 The City of Westminster, and the Duchy, 2 The County of Hartford, with the Burroughs, Towns and Parishes therein, 6 The County of Buckingham, with the Burroughs, Towns, and Parishes therein, 6 The County of Oxon, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) 4 The City of Oxon, 2 The University of Oxon, 2 The County of Gloucester, with the Burroughs, Towns, and Parishes therein (except Gloucester) 7 The City of Gloucester, 2 The County of Hereford, with the Burroughs, Towns, and Parishes therein (except Hereford) 4 The City of Hereford, 1 The County of Worcester, with the the Burroughs, Towns, and Parishes therein (except Worcester) 4 The City of Worcester, 2 The County of Warwick, with the Burroughs, Towns, and Parishes therein (except Coventrey) 5 The City of Coventrey, 2 The County of Northampton, with the Burroughs, Towns, and Parishes therein (except Northampton) 5 The Town of Northampton, 1 The County of Bedford, with the Burroughs, Towns, and Parishes therein. 4 The County of Cambridge, with the Burroughs, Towns, and Parishes therein (except such as are here-under particularly named) 4 The University of Cambridge, 2 The Town of Cambridge, 2 The County of Essex, with the Burroughs, Towns, and Parishes therein (except Colchester) 11 The Town of Colchester, 2 The County of Suffolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) 10 The Town of Ipswich, 2 The Town of S. edmond's Bury, 1 The County of Norfolk, with the Burroughs, towns and Parishes therein (except such as are hereunder named) 9 The City of Norwich, 3 The Town of Lynne, 1 The Town of Yarmouth, 1 The County of Lincoln, with the Burroughs, Towns, and Parishes therein (except the City of Lincoln, and the Town of Boston) 11 The City of Lincoln, 1 The Town of Boston, 1 The County of Rutland, with the Burroughs, Towns, and Parishes therein, 1 The County of Huntingdon, with the Burroughs, Towns, and Parishes therein, 3 The County of Leicester, with the Burroughs, Towns, and Parishes therein (except Leicester. 5 The Town of Leicester, 1 The County of Nottingham, with the Burroughs, Towns, and Parishes therein (except Nottingham, 4 The Town of Nottingham, 1 The County of Derby, with the Burroughs, Towns, and Parishes therein (except Derby) 5 The Town of Derby, 1 The County of Stafford, with the City of Lichfield, the Burroughs, Towns, and Parishes therein, 6 The County of Salop, with the Burroughs, Towns, and Parishes therein (except Shrewsbury) 6 The Town of Shrewsbury, 1 The County of Chester, with the Burroughs, Towns, and Parishes therein (except Chester) 5 The City of Chester, 2 The County of Lancaster, with the Burroughs, Towns, and Parishes therein (except Manchester) 6 The Town of Manchester, and the Parish, 1 The County of York, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, 15 The City and County of the City of York, 3 The Town and County of Kingston upon Hull, 1 The town and Parish of Leeds. 1 The County Palatine of Duresme, with the Burroughs, towns, and Parishes therein, except Duresme and Gateside, 3 The City of Duresme, 1 The County of Northumberland, with the Burroughs, towns, and Parishes therein, except such as are hereunder named, 3 The Town and County of Newcastle upon Tyne, with Gateside, 2 The town of Berwick, 1 The County of Cumberland, with the Burroughs, towns and Parishes therein, 3 The County of Westmoreland, with the Burroughs, towns and Parishes therein, 2 The Isle of Anglesey (with the Parishes therein) 2 The County of Brecknock, with the Burroughs, towns and Parishes therein, 3 The County of Cardigan, with the Burroughs and Parishes therein, 3 The County of Caermarthen, with the Burroughs and Parishes therein, 3 The County of Carnarvan, with the Burroughs and Parishes therein, 2 The County of Denbigh, with the Burroughs and Parishes therein, 2 The County of Flint, with the Burroughs and Parishes therein, 1 The County of Monmouth, with the Burroughs and Parishes therein, 4 The County of Glamorgan, with the Burroughs and Parishes therein, 4 The County of Merioneth, with the Burroughs and Parishes therein, 2 The County of Mountgomery, with the Burroughs and Parishes therein, 3 The County of Radnor, with the Burroughs and the Parishes therein, 2 The County of Pembroke, with the Burroughs, Towns and Parishes therein, 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, by eleven of the 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, from 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 14. 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 14. 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 whoever, 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, than 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 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 Month's 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 Members 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 that trust. 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 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 Grobey, Sir John Danvers, Sir Henry Holcraft Knights, Moses Wall Gentleman, Samuel Mayor, John Langley, William Hamkins, Abraham Babington, Daniel Taylor, Mark Hilley, Richard Price, and Colonel 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 Burrow, to which one Representor or more is assigned to be as Commissioners for the ends aforesaid, in the respective Counties, Cities and Burroughs, and by the 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 Burroughs, which Commissioners, or any three, or more of them, for the respective Counties, Cities, and Burroughs, 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 Parish, 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 Burroughs respectively, are to appoint two, or more, fit persons in every Parish within their Precincts, to take such subscriptions, and (keeping transcriptions 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 respective Cities and Burroughs. And the same Commissioners, or any three, or more of them, for the several Counties, Cities, and Burroughs, 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 afore mentioned, and shall set forth the bounds of such Divisions, and shall in every County, City and Burrow, 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 Burrow, 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, 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 Burroughs, respectvely, 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 Burrough, 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 elible, 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, 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 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 proceed 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 biennial Representative, and upon the fiftieth day so proceeding, 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 Evangelicall; 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 impress, 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 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 monies 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 any wise render up, or give, or take away any the Foundations of common Right, Liberty & 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 shallbe 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 reform 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 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 herein, 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. 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 of the sixth, concerning the calling, sitting and ending of Representatives extraordinary: Also the power of Representatives to be, as in the vl 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. FINIS. Memorandum, That the Commissioners for the respective Counties, Cities, and Burroughs, 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. London: Printed for John Partridge, Rapha Harford, Giles Calvert, and George Whittington. 1649.