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THE POLITICAL USE OF THE BIBLE IN EARLY MODERN BRITAIN:
specifically with religious liberty. 283 Lilburne published
his draft on December 15 despite the Council’s
deliberations.
This second Agreement is more lengthy and precise, and
its preamble, similar to the first proposal, specifically
addressed the need for establishing the tenure of the
Representative, its more equitable constitution, and its
effectiveness of service. Among its provisions,
Parliament was to be dissolved by the end of April 1649,
elected every two years, and representation apportioned
through 300 Representatives meticulously allotted to
the various counties, cities, and boroughs according to
population. 284 More particulars were advanced as to the
character of “Electors”; they must be “Natives or
Denisons of England,” who “have subscribed this
Agreement,” are at least twenty-one years old, and
“House-keepers,” who resided “within the Division, for
which the Election is.” Prohibited from the franchise
were those who received “Alms,” or were “servants to,
or receiving wages from any particular person.” Anyone
“who have adhered to, or assisted the King against the
Parliament in any of these Wars or Insurrections, or
who shall make or joyn in, or abet any forcible
opposition against this Agreement” was prohibited from
the franchise until a period of seven years had passed
from the dissolution of the current Parliament and
fourteen years before they could be elected as members
of Parliament. Penalties and sanctions were to be
applied to those abridging these rules. 285
In order for the Representative to act in its legislative
capacity, a quorum of 150 members must be seated for
any lawful act to occur. Within twenty-one days of their
sitting, the Representative must “appoint a Councell of
State for the managing of publique affaires” to sit until
the election and convening of any subsequent
Representative, but which is restricted by the direct
authority of those who appointed them. Provision
against factions and “corrupt interests” was lodged in
the rule against serving simultaneously in the
Representative and any other civil office. With this, a
lawyer elected to the Representative is barred from
practicing law during such service. 286
The next section specifies the jurisdiction of the
Representative akin to that indicated in the first
Agreement, followed by a more detailed enumeration of
items reserved to the people only. The liberty of
283
You can read the proceedings at Whitehall in The Clarke
Papers, vol. 2, 135-186 and in Puritanism and Liberty, 125-178.
284
Foundations of freedom; Or an agreement of the people: proposed as a
rule for future government in the establishment of a firm and lasting
peace (London, December 15, 1648), 4-7.
285
Ibid., 7-8.
286
Ibid., 10.
conscience provision is found by way of a negative on
the Representative.
We do not empower our Representatives to
continue in force, or make any Lawes, Oaths
and 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 restraine any person
from the professing his Faith, or exercise of
Religion, according to his Conscience, in any
house or place (except such as are, or shall be
set apart for the publique worship,)
neverthelesse the instruction or directing of
the Nation in a publique way, for matters of
Faith, Worship, or Discipline (so it be not
compulsive or express Popery) is referred to
their discretion. 287
The reserved powers continue, and provision against
conscription was retained, as was protection against
indemnity and equality under the law. Included was a
separation of power provision which proscribed the
authority of the Representative to that of the legislative
function alone; they were to “intermeddle not with the
execution of the Lawes, nor give judgement upon any
mans person or estate, where no Law hath been before
provided.” Representatives were also prohibited from
holding any other office of trust except that of a
member of the Council of State. Interestingly, a rule
was inserted which also prevented any Representative
from using his office to violate “the foundations of
Common Right, liberty or safety contained in this
Agreement, nor shall levell mens estates, destroy
propriety, or make all things common.” The Council of
State was authorised to convene a Representative in
times of “imminent danger or extream necessity”
between sessions for a period not to exceed forty days,
and to be dissolved two months before the sitting of the
next Representative. Security was made for the payment
of debts as well as the obedience on the part of military
officers to Representative acts; they were to be put to
death “without mercy” unless they resist an unlawful
act. 288
Appended to the second Agreement was a list of eleven
rights and guarantees the Levellers desired to have
included which further restricted the Representative’s
power. Each is prefaced by the enacting clause “It shall
not be in their Power,” or, “They shall not continue.”
The Representative was prohibited from demanding
individuals incriminate themselves in “criminal Cases”;
from extending cases of appeal beyond four months;
from maintaining the law in a language other than
English; from restricting domestic and foreign trade
287
Ibid., 11.
288
Ibid., 11-12.
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