CHAPTER VII ENGLISH WRITTEN CONSTITUTIONS (1648–1653) SUGGESTIONS DURING the year 1647, Oliver Cromwell tried his best to come to an understanding with King Charles I. A constitutional scheme known as the Heads of the Proposals was drawn up by Ireton, and presented in the name of the army to the King. The wisdom of the Proposals was not accepted, and many of the agitators, finding that the king grew more hostile to Oliver Cromwell and his party, advanced a still more democratic constitution known as the Agreement of the People. This document was presented to Parliament, and an attempt to force it upon the officers was made with threats of mutiny in the army if not accepted. But the immediate action on the part of the King at this time turned the thoughts of the agitators, as well as the whole body of the army, from constitutional law to royal intelligence. The army lost all patience with King and Parliament. The Agreement of the People was set aside, and all thoughts were turned to the attention of the King. The new Constitution devised by Lambert and embodied in the Instrument of Government, was the document accepted by the council of officers who succeeded the "Little Parliament as a legislative power. This council was driven by necessity to the step from which they had shrunk before, that of convening a parliament on the reformed basis of representation. The new Constitution was undoubtedly popular. The "Instrument" was taken as the ground work of the new Constitution, and the Assembly proceeded at once to settle the Government on a parliamentary basis, by discussing the document clause by clause. The two documents here presented were neither of them operative, but they are here inserted because they are early attempts to draw up written constitutions for England, with limitations, checks, and balances; and because their underlying ideas were carried out in some colonial charters and governments, and eventually reappeared in the state and federal constitutions. For Outlines and Material, see Appendix A. DOCUMENTS The Agreement of the People (1649) The Parlia 1278. An Agreement of the People of England, and the TransliterPlaces therewith incorporated, for a secure and ated from present Peace, upon grounds of common Right, mentary HisFreedom, and Safety. tory of England. (HanHaving, by our late labours and hazards, made sard, 1808), it appear to the world at how high a rate we value III. 1267our 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 rights and liber- The spirit of ties shall be cleared, their endeavours will be dis- ried even to liberty, carappointed that seek to make themselves our masters. the sword. Since therefore our former oppressions and not-yetended troubles have been occasioned either by want of frequent national meetings in council, or by the undue or unequal constitution thereof, or by Infrequency rendering those meetings ineffectual, we are fully of Parliaments began agreed and resolved, God willing, to provide, that in the Tudor hereafter our Representatives be neither left to an Period, but uncertainty for times nor be unequally constituted, amazingly innor made useless to the ends for which they are creased durintended. In order whereunto we declare and agree, James I. ing reign of First. That, to prevent the many inconveniences 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, 1649. Secondly. That the people of England (being became by the Fed eral convention, 1787. The list of districts is here omitted. at this day very unequally distributed by counties, Note use of cities, and boroughs, for the election of their Repword Repre- resentatives) be indifferently proportioned; and, to sentatives; later adopted this end, that the Representative of the whole nation shall consist of 400 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 here mentioned, viz.: . . . and, having first caused this Agreement to be publicly read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the elections; and, by poll 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 twenty-one days after the election, under pain for default thereof, or, for making any false return, to forfeit £100 to the public use; and also cause indentures to be made, and unchangeably sealed and delivered, between 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 representer 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 provide for the ascertaining of these circumstances in order to future representatives. The Legislative Body. Fourthly. That 150 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 a House for debates or resolutions that are preparatory thereunto. Fifthly. That each Representative shall, within 20 days after their first meeting, appoint a Council The Execuof State for the managing of public affairs, until tive Body. the 10th 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. sions limited Sixthly. That in each interval between biennial representatives, the Council of State, in case of Extra Sesimminent danger or extreme necessity, may sum- in extent of mon a Representative to be forthwith chosen, and time. to meet; so as the Session thereof continue not above eighty 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 preceding it shall dissolve of course, if not otherwise dissolved sooner. ration of Seventhly. That no member of any Represen- Modern doctative be made either receiver, treasurer, or other trine of sepaofficer, during that employment, saving to be a powers. member of the Council of State. Eighthly. 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 judgment, concerning all natural or civil things, but not concerning things spiritual or evangelical. Provided that, even in things na- Duties of the tural and civil, these six particulars next following Representaare, and shall be, understood to be excepted and respecting reserved from our representatives, viz. 1. We do public affairs. not empower them to impress or constrain any person to serve in foreign war, either by sea or tives defined 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 the laws; 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 anything said or done in relation to the late wars or public differences, otherwise than 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 moneys received, shall remain accountable for Perpetuity of the same. 3. That no securities given, or to be the country's given, by the public faith of the nation, nor any obligations. engagements 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 judgment upon any man's person or estate, where no law hath before provided; some only in calling to account and punishing public officers for abusing or Dignity of |