This manifesto for constitutional reform in Britain paved the way for
many of the civil liberties we cherish today: universal vote, the right to
silence in the dock, equal parliamentary constituencies, everyone being
equal under the law, the right not to be conscripted into the army, and
many others. This particular version was smuggled out of the Tower of
London, where Lilburne and the others were being held captive. All
Leveller soldiers, and they were the majority in many regiments, carried
this agreement proudly tucked into their hat-band.
For more information on the revolution that produced this document, see
The Levellers.
AN
AGREEMENT
OF THE
Free People of England.
Tendered
as a Peace-Offering to
this distressed Nation.
BY
Lieutenant Colonel John Lilburne,
Master William Walwyn, Master
Thomas Prince, and
Master Richard Overton, Prisoners in the
Tower of London,
May the 1. 1649.
Matth. 5. verse 9. Blessed are the Peace-makers
for they shall be called the children of God.
A
Preparative to all sorts of people:
If afflictions make men wise, and wisdom direct to happinesse, then
certainly this Nation is not far from such a degree thereof, as may
compare if not far exceed, any part of the world: having for some yeares
by-past, drunk deep of the Cup of misery and sorrow. We blesse God our
consciences are cleer from adding affliction to affliction, having ever
laboured from the beginning, of our publick distractions, to compose and
reconcile them: & should esteem it the Crown of all our temporal
felicity that yet we might be instrumentall in procuring the peace and
prosperity of this Common-wealth the land of our Nativity.
And therefore according to our promise in our late manifestation
of the 14 of Aprill 1649. (being perswaded of the necessitie and
justnesse thereof) as a Peace-Offering to the Free people of this
Nation, we tender this ensuing Agreement, not knowing any more effectuall
means to put a finall period to all our feares and troubles.
It is a way of settlement, though at first much startled at by some in
high authority; yet according to the nature of truth, it hath made its own
way into the understanding, and taken root in most mens hearts and
affections, so that we have reall ground to hope (what ever shall become
of us) that our earnest desires and indeavours for good to the people will
not altogether be null and frustrate.
The life of all things is in the right use and application, which is not
our worke only, but every mans concience must look to it selfe, and not
dreame out more seasons and opportunities. And this we trust will satisfie
all ingenuous people that we are not such wilde, irrationall, dangerous
Creatures as we have been aspersed to be; This agreement being the
ultimate end and full scope of all our desires and intentions concerning
the Government of this Nation, and wherein we shall absolutely rest
satisfied and acquiesce; nor did we ever give just cause for any to
beleeve worse of us by any thing either said or done by us, and which
would not in the least be doubted, but that men consider not the interest
of those that have so unchristian-like made bold with our good names; but
we must bear with men of such interests as are opposite to any part of
this Agreement, when neither our Saviour nor his Apostles innocency could
stop such mens mouthes whose interests their doctrines and practises did
extirpate: And therefore if friends at least would but consider what
interests men relate to, whilst they are telling or whispering their
aspersions against us, they would find the reason and save us a great
deale of labour in clearing our selves, it being a remarkable signe of an
ill cause when aspersions supply the place of Arguments.
We blesse God that he hath given us time and hearts to bring it to this
issue, what further he hath for us to do is yet only knowne to his wisdom,
to whose will and pleasure we shall willingly submit; we have if we look
with the eyes of frailty, enemies like the sons of Anak, but if
with the eyes of faith and confidence in a righteous God and a just cause,
we see more with us then against us,
From our causelesse captivity
in the Tower of London, May 1. 1649. |
John Lilburn. Thomas
Prince. |
William Walwyn. Richard
Overton. |
The
Agreement it selfe thus followeth.
After the long and tedious prosecution of a most unnaturall cruell,
homebred war, occasioned by divisions and distempers amongst our selves,
and those distempers arising from the uncertaintie of our Government, and
the exercise of un-limited or Arbitrary power, by such as have been
trusted with supreme and subordinate Authority, whereby multitudes of
grevances and intolerable oppressions have been brought upon us. And
finding after eight yeares experience and expectation all indeavours
hitherto used, or remedies hitherto applyed, to have encreased rather than
diminished our distractions, and that if not speedily prevented our
falling againe into factions and divisions; will not only deprive us of
the benefit of all those wonderful Victories God hath vouchsafed against
such as fought our bondage, but expose us first to poverty and misery, and
then to be destroyed by forraigne enemies.
And being earnestly desirous to make a right use of that opportunity God
hath given us to make this Nation Free and Happy, to reconcile our
differences, and beget a perfect amitie and friendship once more amongst
us, that we may stand clear in our consciences before Almighty God, as
unbyassed by any corrupt Interest or particular advantages, and manifest
to all the world that our indeavours have not proceeded from malice to the
persons of any, or enmity against opinions; but in reference to the peace
and prosperity of the Common-wealth, and for prevention of like
distractions, and removall of all grievances; We the free People of England,
to whom God hath given hearts, means and opportunity to effect the same,
do with submission to his wisdom, in his name, and desiring the equity
thereof may be to his praise and glory; Agree to ascertain our Government,
to abolish all arbitrary Power, and to set bounds and limits both to our
Supreme, and all Subordinate Authority, and remove all known Grievances.
And
accordingly do declare and publish to all the world,
That we are
agreed as followeth,
- That the Supreme Authority of England and the Territories
therewith incorporate, shall be and reside henceforward in a
Representative of the People consisting of four hundred persons, but no
more; in the choice of whom (according to naturall right) all men of the
age of one and twenty yeers and upwards (not being servants, or
receiving alms, or having served in the late King in Arms or voluntary
Contributions) shall have their voices; and be capable of being elected
to that Supreme Trust those who served the King being disabled for ten
years onely. All things concerning the distribution of the said four
hundred Members proportionable to the respective parts of the Nation,
the severall places for Election, the manner of giving and taking
Voyces, with all Circumstances of like nature, tending to the
compleating and equall proceedings at Elections, as also their Salary,
is referred to be setled by this present Parliament, in such sort as the
next Representative may be in a certain capacity to meet with safety at
the time herein expressed: and such circumstances to be made more
perfect by future Representatives.
- That two hundred of the four hundred Members, and not lesse, shall be
taken and esteemed for a competent Representative; and the major Voyces
present shall be concluding to this Nation. The place of Session, and
choice of a Speaker, with other circumstances of that nature, are
referred to the care of this and future Representatives.
- And to the end all publick Officers may be certainly accountable, and
no Factions made to maintain corrupt Interests, no Officers of any
salary Forces in Army or Garison, nor any Treasurer or Receiver of
publick monies, shall (while such) be elected a Member for any
Representative; and if any Lawyer shall at any time be chosen, he shall
be uncapable of practice as a Lawyer, during the whole time of that
Trust. And for the same reason, and that all persons may be capable of
subjection as well as rule.
- That no Member of the present Parliament shall be capable of being
elected of the next Representative, nor any Member of any future
Representative shall be capable of being chosen for the Representative
immediately succeeding: but are free to be chosen, one Representative
having intervened: Nor shall any Member of any Representative be made
either Receiver, Treasurer, or other Officer during that imployment.
- That for avoyding the many dangers and inconveniences apparantly
arising from the long continuance of the same persons in Authority; We
Agree, that this present Parliament shall end the first Wednesday in
August next 1649, and thenceforth be of no power or Authority:
and in the mean time shall order and direct the Election of a new and
equall Representative, according to the true intent of this our
Agreement: and so as the next Representative may meet and sit in power
and Authority as an effectuall Representative upon the day following;
namely, the first Thursday of the same August, 1649.
- We agree, if the present Parliament shall omit to order such Election
or Meeting of a new Representative; or shall by any means be hindered
from performance of that Trust:
That in such case, we shall for
the next Representative proceed in electing thereof in those places, &
according to that manner & number formerly accustomed in the choice
of Knights and Burgesses; observing onely the exceptions of such persons
from being Electors or Elected, as are mentioned before in the first,
third and fourth Heads of this Agreement: It being most unreasonable
that we should either be kept from new, frequent and successive
Representatives, or that the supreme Authority should fall into the
hands of such as have manifested disaffection to our common Freedom, and
endeavoured the bondage of the Nation.
- And for preserving the supreme authority from falling into the hands
of any whom the people have not, and shall not chuse,
We are
resolved and agreed (God willing) that a new Representative
shall be upon the first Thursday in August next
aforesaid: the ordering and disposing of themselves, as to the choice of
a speaker, and the like circumstances, is hereby left to their
discretion: But are in the extent and exercise of Power, to follow the
direction and rules of this agreement; and are hereby authorised and
required according to their best judgements, to set rules for future
equall distribution, and election of Members as is herein intended and
enjoyned to be done, by the present Parliament.
- And for the preservation of the supreme Authority (in all times)
entirely in the hands of such persons only as shal be chosen thereunto —
we agree and declare: That the next & all future
Representatives, shall continue in full power for the space of one whole
year: and that the people shall of course, chuse a Parliament once every
year, so as all the members thereof may be in a capacity to meet, and
take place of the foregoing Representative: the first Thursday
in every August for ever if God so please; Also (for the same
reason) that the next or any future Representative being met, may
continue their Session day by day without intermission for four monthes
at the least; and after that shall be at Liberty to adjuorn from two
monthes to two months, as they shall see cause untill their yeer be
expired, but shall sit no longer than a yeer upon pain of treason to
every member that shall exceed that time : and in times of adjurnment
shall not erect a Councel of State, but refer the managing of affairs in
the intervals to a Committee of their own members giving such
instructions, and publish them, as in no measure shall contradict this
agreement.
- And that none henceforth may be ignorant or doubtful concerning the
power of the Supreme authority, and of the affairs, about which the same
is to be conversant and exercised: we agree and declare, that the power
of Representatives shall extend without the consent or concurrence of
any other person or persons,
- To the conservation of Peace and commerce with forrain Nations.
- To the preservation of those safe guards, and securities of our
lives, limbes, liberties, properties, and estates, contained in the
Petition of Right, made and enacted in the third year of the late
King.
- To the raising of moneys, and generally to all things as shall be
evidently conducing to those ends, or to the enlargement of our
freedom, redress of grievances, and prosperity of the Common-wealth.
For security whereof, having by wofull experience found the
prevalence of corrupt interests powerfully inclining most men once
entrusted with authority, to pervert the same to their own domination,
and to the prejudice of our Peace and Liberties, we therefore further
agree and declare.
- That we do not inpower or entrust our said representatives to
continue in force, or to make any Lawes, Oaths, or Covenants, whereby to
compell by penalties or otherwise any person to any thing in or about
matters of faith, Religion or Gods worship or to restrain any person
from the profession of his faith, or to exercise of Religion according
to his Conscience, nothing having caused more distractions, and heart
burnings in all ages, then persecution and molestation for matters of
Conscience in and about Religion:
- We doe not impower them to impresse or constraint any person to serve
in war by Sea or Land every mans Concience being to be satisfied in the
justness of that cause wherein he hazards his own life, or may destroy
an others.
And for the quieting of all differences, and
abolishing of all enmity and rancour; as much as is now possible for us
to effect.
- We agree, That after the end of this present Parliament, no person
shall be questioned for anything said or done in reference to the late
Warres, or publique differences; otherwise then in persuance of the
determinations of the present Parliament, against such as have adhered
to the King against the Liberties of the people: And saving that
Accomptants for publick moneys received, shall remain accomptable for
the same.
- That all priviledges or exemptions of any persons from the Lawes, or
from the ordinary course of Legall proceedings, by vertue of any Tenure,
Grant, Charter, Patent, Degree, or Birth, or of any place of residence,
or refuge, or priviledge of Parliament, shall be henceforth void and
null; and the like not to be made nor revived again.
- We doe not impower them to give judgment upon any ones person or
estate, where no Law hath been before provided, nor to give power to any
other Court or Jurisdiction so to do, Because where there is no Law,
there is no transgression, for men or Magistrates to take Cognisance of;
neither doe we impower them to intermeddle with the execution of any Law
whatsoever.
- And that we may remove all long setled Grievances, and thereby as
farre as we are able, take away all cause of complaints, and no longer
depend upon the uncertain inclination of Parliaments to remove them, nor
trouble our selves or them with Petitions after Petitions, as hath been
accustomed, without fruit or benefit; and knowing no cause why any
should repine at our removall of them, except such as make advantage by
their continuance, or are related to some corrupt Interests, which we
are not to regard.
We agree and Declare,
- That it shall not be in the power of any Representative, to punish,
or cause to be punished, any person or persons for refusing to answer
questions against themselves in Criminall cases.
- That it shall not be in their power, after the end of the next
Representative, to continue or constitute any proceedings in Law that
shall be longer then Six months in the final determination of any cause
past all Appeal, nor to continue the Laws or proceedings therein in any
other Languege then English, nor to hinder any person or persons from
pleading their own Causes, or of making use of whom they please to plead
for them.
The reducing of these and other the like provisions
of this nature on this Agreement provided, and which could not now in
all particulars be perfected by us, is intended by us to be the proper
works of faithful Representatives.
- That it shall not be in their power to continue to make any Laws to
abridge or hinder any person or persons, from trading or merchandising
into any place beyond the Seas, where any of this Nation are free to
trade.
- That it shall not be in their power to excise Customes upon any sort
of Food, or any other Goods, Wares or Commodities, longer than four
months after the beginning of the next Representative, being both of
them extreme burthensome and oppressive to Trade, and so expensive in
the Receipt, as the moneys expended therein (if collected as Subsidies
have been) would extend very far towards defraying the publick Charges;
and forasmuch as all Moneys to be raised are drawn from the People; such
burthensome and chargeable wayes, shall never more be revived, nor shall
they raise Moneys by any other ways (after the aforesaid time) but only
by an equal rate in the pound upon every reall and personall estate in
the Nation.
- That it shall not be in their power to make or continue any Law,
whereby mens reall or personall estates, or any part thereof, shall be
exempted from payment of their debts; or to imprison any person for debt
of any nature, it being both unchristian in itself, and no advantage to
the Creditors, and both a reproach and prejudice to the Common-wealth.
- That it shall not be in their power to continue any Law, for taking
away any mans life except for murther, or other the like hainous
offences destructive to humane Society, or for endevouring by force to
destroy this our Agreement, but shall use their uttermost endeavour to
appoint punishments equall to offences: that so mens Lives, Limbs,
Liberties, and estates, may not be liable to be taken away upon trivial
or slight occasions as they have been; and shall have speciall care to
preserve, al sorts of people from wickedness misery and beggery: nor
shall the estate of any capitall offendor be confiscate but in cases of
treason only; and in all other capitall offences recompense shall be
made to the parties damnified, as well out of the estate of the
Malifactor, as by loss of life, according to the conscience of his jury.
- That it shall not be in their power to continue or make any Law, to
deprive any person, in case of Tryals for Life, Limb, Liberty, or
Estate, from the benefit of witnesses, on his, or their behalf; nor
deprive any person of those priviledges, and liberties, contained in the
Petition of Right, made in the third yeer of the late King Charls.
- That it shall not be in their power to continue the Grievance of
Tithes, longer then to the end of the next Representative; in which
time, they shall provide to give reasonable satisfaction to all
Impropriators; neither shall they force by penalties or otherwise, any
person to pay towards the maintenance of the Ministers, who out of
conscience cannot submit thereunto.
- That it shall not be in their power to impose Ministers upon any
respective Parishes, but shall give free liberty to the parishioners of
every particular parish, to chuse such as themselves shall approve; and
upon such terms, and such reward, as themselves shall be willing to
contribute, or shall contract for. Provided, none be chusers but such as
are capable of electing Representatives.
- That it shal not be in their power, to continue or make a law, for
any other way of Judgments, or Conviction of life, limb, liberty, or
estate, but onely by twelve sworn men of the Neighbor-hood; to be chosen
in some free way by the people; to be directed before the end of next
Representative, and not picked and imposed, as hitherto in many places
they have been.
- They shall not disable any person from bearing any office in the
Commonwealth, for any opinion or practice in Religion excepting such as
maintain the Popes (or other forraign) Supremacy.
- That it shall not be in their power to impose any publike officer
upon any Counties, Hundreds, Cities, Towns, or Borroughs; but the people
capable by this Agreement to chuse Representatives, shall chuse all
their publike Officers that are in any kinde to administer the Law for
their respective places, for one whole yeer, and no longer, and so from
yeer to yeer: and this as an especial means to avoyd Factions, and
Parties.
And that no person may have just cause to complain, by
reason of taking away the Excise and Customs, we agree,
- That the next, and all future Representatives shall exactly keep the
publike Faith, and give ful satisfaction, for all securitie, debts,
arrears or damages, (justly chargeable) out of the publike Treasury; and
shall confirm and make good all just publike Purchases and Contracts
that have been, or shall be made; save 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 of
the House of Commons, or to any of the Lords, or to any of the
attendants of either of them.
And for as much as nothing
threateneth greater danger to the Commonwealth, then that the Military
power should by any means come to be superior to the Civil Authority,
- We declare and agree, That no Forces shal be raised, but by the
Representatives, for the time being; and in raising thereof, that they
exactly observe the Rules, namely, That they allot to each particular
County, City, Town, and Borrugh, the raising, furnishing, agreeing and
paying of a due proportion, according to the whole number to be levyed;
and shall to the Electors of Representatives in each respective place,
give Free liberty, to nominate and appoint all Officers appertaining to
Regiments, Troops, and Companies, and to remove them as they shall see
cause, Reserving to the Representative, the nominating, and appointing
onely of the General, and all General Officers; and the ordering,
regulating and commanding of them all, upon what service shall seem to
them necessary for the Safety, Peace, and Freedom of the Commonwealth.
And
in as much as we have found by sad experience, That generally men make
little or nothing, to innovate in Government to exceed their time and
power in places of trust, to introduce an Arbitrary, and Tyrannical
power, and to overturn all things into Anarchy and Confusion, where
there are no penalties imposed for such destructive crimes and offences.
- We therefore agree and declare, That it shall not be in the power of
any Representative, in any wise, to render up, or give, or take away any
part of this Agreement, nor level mens Estates, destroy Propriety, or
make all things Common: And if any Representative shall endevor, as a
Representative, to destroy this Agreement, every Member present in the
House, not entering or immediately publishing his dissent, shall incur
the pain due to High Treason, and proceeded against accordingly; and if
any person or persons, shall by force endevor to contrive, the
destruction thereof, each person so doing, shall likewise be dealt
withal as in case of Treason.
And if any person shal by force of Arms disturb Elections of
Representatives, he shall incurr the penalty of a Riot; and if any person
not capable of being an Elector, or Elected, shal intrude themselves
amongst those that are, or any persons shall behave themselves rudely and
disorderly, such persons shall be liable to a presentment by a grand
Inquest and to an indictment upon misdemeanor; and be fined and otherwise
punish'd according to the discretion and verdict of a Jury. And all Laws
made, or that shall be made contrary to any part of this Agreement, are
hereby made null and void.
Thus, as becometh a free People,
thankfull unto God for this blessed opportunity, and desirous to make use
thereof to his glory, in taking of every yoak, and removing every burthen,
in delivering the captive, and setting the oppressed free; we have in all
the particular Heads forementioned, done as we would be done unto, and as
we trust in God will abolish all occasion of offence and discord, and
produce the lasting Peace and Prosperity of this Common wealth: and
accordingly do in the sincerity of our hearts and consciences, as in the
presence of Almighty God, give cleer testimony of our absolute agreement
to all and every part hereof by subscribing our hands thereunto. Dated the
first day of May, in the Yeer of our Lord 1649.
John Lilburn. William Walwyn. Thomas Prince. Richard
Overton. |
April
30. 1649. |
Imprimatur. Gilbert
Mabbot
F
I N I S
From an original in the Bodleian Library, Oxford.
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