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ROYALISTS, REPUBLICANS, FIFTH MONARCHISTS AND LEVELLERS<br />

conclude with “These things we declare to be our native<br />

Rights.” 276<br />

Parliamentary seats would be redistributed in<br />

proportion to the number of “Inhabitants” as opposed<br />

to their current unequal distribution by “Counties,<br />

Cities & Burroughs.” Parliament was to be dissolved by<br />

September 30, 1648, with new Parliaments to be elected<br />

biennially. The fourth proposal contained a clear<br />

emphasis upon the sovereignty of the people by way of<br />

consent, delegation, and reservation of power. The<br />

“power of . . . Representatives” was “inferiour only to<br />

theirs who chuse them, and doth extend, without<br />

consent or concurrence of any other person or persons”<br />

and a clear negative on the voice and presence of King<br />

and Lords. The province of their power related to<br />

“enacting, altering, and repealing of Lawes,” as well as<br />

the creating and dissolving of “Offices and Courts,” the<br />

“appointing, removing, and calling to account<br />

Magistrates, and Officers of all degrees,” the power of<br />

“making War and Peace,” and conducting relations with<br />

“forraign States.” 277 The fourth article ends with a<br />

reserved power clause: the peoples’ representatives have<br />

general power over matters “not expressly, or implydedly<br />

reserved by the represented to themselves,” and<br />

followed by five such reserved powers. 278 Here, An<br />

agreement implies that certain rights are inherent within<br />

the people which necessarily limit the authority of any<br />

future Representative. If such rights are indeed inherent<br />

as the Levellers argued, then all Englishmen bear a<br />

birthright of liberty.<br />

The first reserved power, that of liberty of conscience in<br />

“matters of Religion, and the wayes of Gods Worship,”<br />

is provided with a divine explanation. Such matters are<br />

grounded in the “Consciences” of the people as they<br />

perceive “the mind of God” to be, which no “humane<br />

power” has the authority to dictate. A provision though<br />

is inserted for the public instruction in such matters as<br />

long as it is not “compulsive” in nature. 279<br />

The next four prohibit conscription to preserve<br />

“freedome,” prevent unauthorised harassment and<br />

reprisal “for any thing said or done” relative “to the late<br />

publicke differences,” demand equality under the law<br />

regardless of “Tenure, Estate, Charter, Degree, Birth, or<br />

place,” and appeal to the need for just laws to preserve<br />

“the safety and well being of the people.” The provision<br />

for legal equality ensured that the representatives would<br />

concentrate their focus upon the peoples’ “common<br />

276<br />

An agreement of the people for a firme and present peace, upon<br />

grounds of common-right and freedome (London, November 3, 1647),<br />

1-5.<br />

277<br />

Ibid., 2-4.<br />

278<br />

Ibid., 4-5.<br />

279<br />

Ibid., 4.<br />

good” by guaranteeing that all laws would “bind all<br />

alike, without privilege or exemption”; legislators would<br />

even be subject to their own laws. Each of these<br />

propositions and “rules of Government” is claimed to be<br />

part of the peoples’ “native Rights,” yet to be secured<br />

through “the settlement of Our Peace and Freedome, upon<br />

him that intended our bondage, and brought a cruell Warre<br />

upon us.” 280<br />

An agreement was not in the form of a petition, but a<br />

constitution to be enacted by way of the peoples’ direct<br />

consent via the written document itself as an instrument<br />

to bind future Parliaments. In this regard, it was to serve<br />

as supreme law, unalterable by Acts of Parliament. 281<br />

The General Council of the Army debated the various<br />

articles of An agreement, beginning at Putney on<br />

October 28, 1647, and the first article proved to be the<br />

most controversial since it entailed a universal male<br />

suffrage devoid of property qualifications. Ireton played<br />

a leading role in disputing it, unable to reconcile such<br />

an equality of choice with the preservation of property<br />

throughout the kingdom. Neither did the Council ever<br />

arrive at a consensus given its terms and instead, framed<br />

a proposal which combined some of its contents with<br />

The heads.<br />

published. 282<br />

This document was never formally<br />

Foundations of freedom; or An<br />

agreement of the people proposed as a<br />

rule for future government in the<br />

establishment of a firm and lasting peace<br />

(December 15, 1648): Whitehall Debates<br />

The second An agreement of the people, also known as<br />

Foundations of freedom, was not entirely of Leveller<br />

extraction, but created by a committee of sixteen men<br />

representing four elements of interest: the Army,<br />

civilian Independents, certain Independent members of<br />

the House of Commons, and the Levellers. This first<br />

draft was submitted to the General Council of Officers<br />

on December 11, 1648 at Whitehall, though Lilburne<br />

never intended the Council to debate it. Nevertheless,<br />

that section which occupied much of their debate dealt<br />

280<br />

Ibid., 4-6.<br />

281<br />

Ibid., 9.<br />

282<br />

You can read the proceedings at Putney in The Clarke Papers,<br />

Selections from the Papers of William Clarke, Secretary of the Army,<br />

1647-1649, and to General Monck and the Commanders of the Army<br />

in Scotland, 1651-1660, ed. C. H. Firth, vol. 1 (London, Printed<br />

for the Camden Society, 1891), 226-363. The more accessible<br />

edition is Woodhouse, Puritanism and Liberty, Being the Army<br />

Debates (1647-9) from the Clarke Manuscripts with Supplementary<br />

Documents, noted above. The Army’s proposal which combined,<br />

in some respects, An Agreement with The Heads, is found on 363-<br />

367 of The Clarke Papers.<br />

53

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