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T.115 [1647.11.03] [Several Hands], An Agreement of the People for a firme and present Peace, upon grounds of common-right and freedome (3 November 1647).
[Several Hands], An Agreement of the People for a firme and present Peace, upon grounds of common-right and freedome; As it was proposed by the Agents of the five Regiments of Horse; and since by the generall approbation of the Army, offered to the joynt concurrence of all the free Commons of England. The Nmaes of the Regiments which have already appeared for the Case, of The Case of the Army truly stated, and for this present Agreement, viz.
Of Horse: 1. Gen. Regiment, 2. Life-Guard, 3. Lieut.Gen. Regiment, 4. Com.Gen. Regiment, 5. Col. Whaleyes Reg., 6. Col. Riches Reg., 7. Col. Fleetwoods Reg., 8. Col. Harrisons Reg., 9. Col. Twisdens Reg.
Of Foot: 1. Gen. Regiment, 2. Col. Sir Hardrosse Wallers Reg., 3. Col. Rainsboroughs Regiment, 5. Col. Overtons Reg., 6 Col. Lilburnes Reg., 7. Col. Backsters Reg.
Printed Anno. Dom. 1647.
This tract contains the following parts:
3 November 1647.
TT1, p. 566; Thomason E. 412. (21.)
Having by our late labours and hazards made it appeare to the world at how high a rate wee value our just freedome, and God having so far owned our cause, as to deliver the Enemies thereof into our hands: We do now hold our selves 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 chargable 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 owne good; so may we safely promise to our selves, 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 scarce yet ended troubles have beene occasioned, either by want of frequent Nationall meetings in Councell, or by rendring those meetings ineffectuall; We are fully agreed and resolved, to provide that hereafter our Representatives be neither left to an uncertainty for the time, nor made uselesse to the ends for which they are intended: In order whereunto we declare,
That the People of England being at this day very unequally distributed by Counties, Cities, & Burroughs, for the election of their Deputies in Parliament, ought to be more indifferently proportioned, according to the number of the Inhabitants: the circumstances whereof, for number, place, and manner, are to be set down before the end of this present Parliament.
That to prevent the many inconveniences apparently arising from the long continuance of the same persons in authority, this present Parliament be dissolved upon the last day of September, which shall be in the year of our Lord, 1648.
That the People do of course chuse themselves a Parliament once in two yeares, viz. upon the first Thursday in every 2d. March, after the manner as shall be prescribed before the end of this Parliament, to begin to sit upon the first Thursday in Aprill following at Westminster, or such other place as shall bee appointed from time to time by the preceding Representatives; and to continue till the last day of September, then next ensuing, and no longer.
That the power of this, and all future Representatives of this Nation, is inferiour only to theirs who chuse them, and doth extend, without the consent or concurrence of any other person or persons; to the enacting, altering, and repealing of Lawes; to the erecting and abolishing of Offices and Courts; to the appointing, removing, and calling to account Magistrates, and Officers of all degrees; to the making War and peace, to the treating with forraign States: And generally, to whatsoever is not expresly, or implyedly reserved by the represented to themselves.
Which are as followeth,
1. THat matters of Religion, and the wayes of Gods Worship, are not at all intrusted by us to any humane power, because therein wee cannot remit or exceed a tittle of what our Consciences dictate to be the mind of God, without wilfull sinne: neverthelesse the publike way of instructing the Nation (so it be not compulsive) is referred to their discretion.
2. That the matter of impresting and constraining any of us to serve in the warres, is against our freedome; and therefore we do not allow it in our Representatives; the rather, because money (the sinews of war) being alwayes at their disposall, they can never want numbers of men, apt enough to engage in any just cause.
3. That after the dissolution of this present Parliament, no person be at any time questioned for anything said or done, in reference to the late publike differences, otherwise then in execution of the Judgments of the present Representatives, or House of Commons.
4. That in all Laws made, or to be made, every person may be bound alike, and that no Tenure, Estate, Charter, Degree, Birth, or place, do confer any exemption from the ordinary Course of Legall proceedings, whereunto others arc subjected.
5. That as the Laws ought to be equall, so they must be good, and not evidently destructive to the safety and well-being of the people.
THese things we declare to be our native Rights, and therefore are agreed and resolved to maintain them with our utmost possibilities, against all opposition whatsoever, being compelled thereunto, not only by the examples of our Ancestors, whose bloud was often spent in vain for the recovery of their Freedomes, suffering themselves, through fradulent accommodations, to be still deluded of the fruit of their Victories, but also by our own wofull experience, who having long expected, & dearly earned the establishment of these certain rules of Government are yet made to depend for the settlement of our Peace and Freedoms, upon him that intended our bondage, and brought a cruell Warre upon us.
For the noble and highly honoured the Free-born People of ENGLAND, in their respective Counties and Divisions, these.
Deare Country-men, and fellow-Commoners,
For your sakes, our friends, estates and lives, have not been deare to us; for your safety and freedom we have cheerfully indured hard Labours and run most desperate hazards, and in comparison to your peace and freedome we neither doe nor ever shall value our dearest bloud and wee professe, our bowells are and have been troubled, and our hearts pained within us, in seeing & considering that you have been so long bereaved of these fruites and ends of all our labours and hazards, wee cannot but sympathize with you in your miseries and oppressions. It’s greife and vexation of heart to us; to receive your meate or moneyes, whilest you have no advantage, nor yet the foundations of your peace and freedom surely layed: and therefore upon most serious considerations, that your principall right most essentiall to your well-being is the clearnes, certaintie, sufficiencie and freedom of your power in your representatives in Parliament, and considering that the original of most of your oppressions & miseries hath been either from the obscuritie and doubtfulnes of the power you have committed to your representatives in your elections, or from the want of courage in those whom you have betrusted to claime and exercise their power, which might probably proceed from their uncertaintie of your assistance and maintenance of their power, and minding that for this right of yours and ours we engaged our lives; for the King raised the warre against you and your Parliament, upon this ground, that hee would not suffer your representatives to provide for your peace safetie and freedom that were then in danger, by disposing of the Militia and otherwise, according to their trust; and for the maintenance and defense of that power and right of yours, wee hazarded all that was deare to us, and God hath borne witnesse to the justice of our Cause. And further minding that the only effectual meanes to settle a just and lasting peace, to obtaine remedie for all your greivances, & to prevent future oppressions, is the making clear & secure the power that you betrust to your representatives in Parliament, that they may know their trust, in the faithfull execution whereof you wil assist them. Upon all these grounds, we propound your joyning with us in the agreement herewith sent unto you; that by vertue thereof, we may have Parliaments certainly cal’d and have the time of their sitting & ending certain & their power or trust cleare and unquestionable, that hereafter they may remove your burdens, & secure your rights, without oppositions or obstructions, & that the foundations of your peace may be so free from uncertainty, that there may be no grounds for future quarrels, or contentions to occasion warre and bloud-shed; & wee desire you would consider, that as these things wherein we offer to agree with you, are the fruites & ends of the Victories which God hath given us: so the settlement of these are the most absolute meanes to preserve you & your Posterity, from slavery, oppression, distraction, & trouble; by this, those whom your selves shall chuse, shall have power to restore you to, and secur you in, all your rights; & they shall be in a capacity to tast of subjection, as well as rule, & so shall be equally concerned with your selves, in all they do. For they must equally suffer with you under any common burdens, & partake with you in any freedoms; & by this they shal be disinabled to defraud or wrong you, when the lawes shall bind all alike, without priviledge or exemption; & by this your Consciences shall be free from tyrannie & oppression, & those occasions of endlesse strifes, & bloudy warres, shall be perfectly removed: without controversie by your joyning with us in this Agreement, all your particular & common grievances will be redressed forthwith without delay; the Parliament must then make your reliefe and common good their only study.
Now because we are earnestly desirous of the peace and good of all our Country-men, even of those that have opposed us, and would to our utmost possibility provide for perfect peace and freedome, & prevent all suites, debates, & contentions that may happen amongst you, in relation to the late war: we have therefore inserted it into this Agreement, that no person shall be questionable for any thing done, in relation to the late publike differences, after the dissolution of this present Parliament, further then in execution of their judgment; that thereby all may be secure from all sufferings for what they have done, & not liable hereafter to be troubled or punished by the judgment of another Parliament, which may be to their ruine, unlesse this Agreement be joyned in, whereby any acts of indempnity or oblivion shalbe made unalterable, and you and your posterities be secure.
But if any shall enquire why we should desire to joyn in an Agreement with the people, to declare these to be our native Rights, & not rather petition to the Parliament for them; the reason is evident: No Act of Parliament is or can be unalterable, and so cannot be sufficient security, to save you or us harmlesse, from what another Parliament may determine, if it should be corrupted; and besides Parliaments are to receive the extent of their power, and trust from those that betrust them; and therefore the people are to declare what their power and trust is, which is the intent of this Agreement; and its to be observed, that though there hath formerly been many Acts of Parliament, for the calling of Parliaments every yeare, yet you have been deprived of them, and inslaved through want of them; and therefore both necessity for your security in these freedomes, that are essentiall to your well-being, and wofull experience of the manifold miseries and distractions that have been lengthened out since the war ended, through want of such a settlement, requires this Agreement and when you and we shall be joyned together therein, we shall readily joyn with you, to petition the Parliament, as they are our fellow Commoners equally concerned, to joyn with us.
And if any shall inquire. Why we undertake to offer this Agreement, we must professe, we are sensible that you have been so often deceived with Declarations and Remonstrances, and fed with vain hopes that you have sufficient reason to abandon all confidence in any persons whatsoever, from whom you have no other security of their intending your freedome, then bare Declaration: And therefore, as our consciences witnesse, that in simplicity and integrity of heart, we have proposed lately in the Case of the Army stated, your freedome and deliverance from slavery, oppression, and all burdens: so we desire to give you satisfying assurance thereof by this Agreement wherby the foundations of your freedomes provided in the Case, &c. shall be setted unalterably, if we shall as faithfully proceed to, and all other most vigorus actings for your good that God shall direct and enable us unto; And though the malice of our enemies, and such as they delude, would blast us by scandalls, aspersing us with designes of Anarchy, and community, yet we hope the righteous God will not onely by this our present desire of setling an equall just Government, but also by directing us unto all righteous undertakings, simply for publike good, make our uprightnesse and faithfulnesse to the interest of all our Countreymen, shine forth so clearly, that malice it selfe shall be silenced, and confounded. We question not, but the longing expectation of a firme peace, will incite you to the most speedy joyning in this Agreement: in the prosecution whereof, or of any thing that you shall desire for publike good, you may be confident, you shall never want the assistance of
Your most faithfull fellow-Commoners, now in Armes for
Edmond Bear }Lieut. Gen. Regiment.
Robert Everard }
George Garret }Com. Gen. Regiment.
Thomas beverley }
William Pryor }Col. Fleetwoods Regiment.
William Bryan }
Matthew Weale }Col. Whalies Regiment.
William Russell }
John Dover }Col. Riches Regiment.
William Hudson. }
Agents coming from other Regiments unto us, have subscribed the Agreement to be proposed to their respective Regiments, and you.
For Our much honoured, and truly worthy Fellow-Commoners, and Souldiers, the Officers and Souldiers under Command of His Excellencie Sir THOMAS FAIRFAX.
Gentlemen and Fellow Souldiers;
THe deepe sense of many dangers and mischiefes that may befall you in relation to the late War, whensoever this Parliament shall end, unlesse sufficient prevention be now provided, hath constrained Us to study the most absolute & certain means for your security; and upon most serious considerations, we judge that no Act of Indempnity can sufficiently provide for your quiet, ease, and safety; because, as it hath formerly been, a corrupt Party (chosen into the next Parliament by your Enemies meanes) may possibly surprize the house, and make any Act of Indemnity null, seeing they cannot faile of the Kings Assistance and concurrence, in any such actings against you, that conquered him.
And by the same meanes, your freedome from impressing also, may in a short time be taken from you, though for the present, it should be granted; wee apprehend no other security, by which you shall be saved harmlesse, for what you have done in the late warre, then a mutuall Agreement between the people & you, that no person shall be questioned by any Authority whatsoever, for any thing done in relation to the late publike differences, after the dissolution of the present house of Commons, further then in execution of their judgment; and that your native freedome from constraint to serve in warre, whether domestick or forraign, shall never be subject to the power of Parliaments, or any other; and for this end, we propound the Agreement that we herewith send to you, to be forthwith subscribed.
And because we are confident, that in judgment and Conscience, ye hazarded your lives for the settlement of such a just and equall Government, that you and your posterities, and all the free borne people of this Nation might enjoy justice & freedome, and that you are really sensible that the distractions, oppressions, and miseries of the Nation, and your want of your Arreares, do proceed from the want of the establishment, both of such certain rules of just Government, and foundations of peace, as are the price of bloud, and the expected fruites of all the peoples cost: Therefore in this Agreement wee have inserted the certaine Rules of equall Government, under which the Nation may enjoy all its Rights and Freedomes securely; And as we doubt not but your love to the freedome and lasting peace of the yet distracted Country will cause you to joyn together in this Agreement.
So we question not: but every true English man that loves the peace and freedome of England will concurre with us; and then your Arrears and constant pay (while you continue in Armes) will certainly be brought in out of the abundant love of the people to you, and then shall the mouthes of those be stopped, that scandalize you and us, as endeavouring Anarchy, or to rule by the sword; & then will so firm an union be made between the people and you, that neither any homebred or forraigne Enemies will dare to disturbe our happy peace. We shall adde no more but this; that the knowledge of your union in laying this foundation of peace, this Agreement, is much longed for, by
Yours, and the Peoples most faithfull Servants.
WE desire you may understand the reason of our extracting some principles of common freedome out of those many things proposed to you in the Case truly stated, and drawing them up into the forme of an Agreement. Its chiefly because for these things wee first ingaged gainst the King, He would not permit the peoples Representatives to provide for the Nations safety, by disposing of the Militia, and otherwayes, according to their Trust, but raised a Warre against them, and we ingaged for the defence of that power, and right of the people, in their Representatives. Therefore these things in the Agreement, the people are to claime as their native right, and price of their bloud, which you are obliged absolutely to procure for them.
And these being the foundations of freedom, its necessary, that they should be setled unalterably, which can be by no meanes, but this Agreement with the people.
And we cannot but mind you, that the ease of the people in all their Grievances, depends upon the setling those principles or rules of equal Government for a free people, & were but this Agreement established, doubtlesse all the Grievances of the Army and people would be redressed immediately, and all things propounded in your Case truly stated to be insisted on, would be forthwith granted.
Then should the House of Commons have power to helpe the oppressed people, which they are now bereaved of by the chiefe Oppressors, and then they shall be equally concerned with you and all the people, in the settlement of the most perfect freedome: for they shall equally suffer with you under any Burdens, or partake in any Freedome. We shall onely adde, that the summe of all the Agreement which we herewith offer to you, is but in order to the fulfilling of our Declaration of Iune the 14. wherein we promised to the people, that we would with our lives vindicate and cleare their right and power in their Parliaments.
Edmond Bear }Lieut. Gen. Reg.
Robert Everard }
George Garret }Com. Gen. Reg.
Thomas Beverley }
William Pryor }Col. Fleetwood Reg.
William Bryan }
Matthew Wealey }Col. Whaley Reg.
William Russell }
John Dober }Col. Rich Reg.
William Hudson }
Agents coming from other Regiments unto us, have subscribed the Agreement, to be proposed to their respective Regiments and you.