1.

THE KINGS THEREAFTER in Scotland were before any estates or ranks of men within the same, before any Parliaments were holden or laws made; and by them was the land distributed (which at the first was wholly theirs), states erected and decerned, and forms of government devised and established. And it follows of necessity that the Kings were the authors and makers of the laws and not the laws of the Kings. . . . And according to these fundamental laws already alleged, we daily see that in the Parliament (which is nothing else but the head court of the King and his vassals) the laws are but craved by his subjects, and only made by him at their rogation and with their advice. For albeit the King made daily statutes and ordinances, enjoining such pains thereto as he thinks meet, without any advice of Parliament or Estates, yet it lies in the power of no Parliament to make any kind of law or statute without his sceptre be to it for giving it the force of a law. . . . And as ye see it manifest that the King is overlord of the whole land, so is he master over every person that inhabiteth the same, having power over the life and death of every one of them. For although a just prince will not take the life of any of his subjects without a clear law, yet the same laws whereby he taketh them are made by himself or his predecessors, and so the power flows always from himself; as by daily experience we see good and just princes will from time to time make new laws and statutes, adjoining the penalties to the breakers thereof, which before the law was made had been no crime to the Subject to have committed. Not that 1 deny the old definition of a King and of a law which makes the King to be a speaking law and the law a dumb King; for certainly a King that governs not by his law can neither be countable to God for his administration nor have a happy and established reign. For albeit it be true, that I have at length proved, that the King is above the law as both the author and giver of strength thereto, yet a good King will not only delight to rule his subjects by the law, but even will conform himself in his own actions thereunto; always keeping that ground, that the health of the commonwealth be his chief law.

2. To the King's Most Excellent Majesty, Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembles, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I, commonly called Stratutum de Tellagio non Concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of parliament holden in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that from thenceforth no person should be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge; by which statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in parliament. II. Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound and make appearance and give utterance before your Privy Council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your Privy Council, against the laws and free custom of the realm.

3. The soul of that party was Oliver Cromwell. Bred to peaceful occupations, he had, at more than forty years of age, accepted a commission in the parliamentary army. No sooner had he become a soldier, than he discerned, with the keen glance of genius, what Essex and men like Essex, with all their experience, were unable to perceive. He saw precisely where the strength of the royalists lay, and by what means alone that strength could be overpowered. He saw that it was necessary to reconstruct the army of the parliament. He saw, also, that there were abundant and excellent materials for the purpose; materials less showy, indeed, but more solid, than those of which the gallant squadrons of the king were composed. It was necessary to look for recruits who were not mere mercenaries, for recruits of decent station and grave character, fearing God and zealous for public liberty. With such men he filled his own regiment, and, while he subjected them to a discipline more rigid than had ever before been known in England, he administered to their intellectual and moral nature stimulants of fearful potency. Other leaders have maintained order as strict. Other leaders have inspired their followers with a zeal as ardent. But in his camp alone the most rigid discipline was found in company with the fiercest enthusiasm. His troops moved to victory with the precision of machines, while burning with the wildest fanaticism of crusaders. From the time when the army was remodelled to the time when it was disbanded, it never found, either in the British Islands, or on the Continent, an enemy who could stand its onset. In England, Scotland, Ireland, Flanders, the Puritan warriors, often surrounded by difficulties, sometimes contending against threefold odds, not only never failed to conquer, but never failed to destroy and break in pieces whatever force was opposed to them.

4. 74. The Agreement of the People, as presented to the Council of the Army. Having by our late labours and hazards made it appear to the world at how high a rate we value our 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 safely promise to ourselves 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-yetended troubles have been occasioned, either by want of frequent national meetings in Council, or by rendering those meetings ineffectual, we are fully agreed and resolved to provide that hereafter our representatives be neither left to an uncertainty for the time nor made useless 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, and Boroughs 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 the people do, of course, choose themselves a Parliament once in two years, viz. upon the first Thursday in every 2d March[1], after the manner as shall be prescribed before the end of this Parliament, to begin to sit upon the first Thursday in April following, at Westminster or such other place as shall be appointed from time to time by the preceding Representatives, and to continue till the last day of September then next ensuing, and no longer. IV. That the power of this, and all future Representatives of this Nation, is inferior only to theirs who choose them, and doth extend, without the consent or concurrence of any other person or persons, to the enacting, altering, and repealing of laws, 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 foreign States, and, generally, to whatsoever is not expressly or impliedly reserved by the represented to themselves: Which are as followeth. 1. That matters of religion and the ways of God's worship are not at all entrusted by us to any human power, because therein we cannot remit or exceed a tittle of what our consciences dictate to be the mind of God without wilful sin: nevertheless the public 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 wars is against our freedom; and therefore we do not allow it in our Representatives; the rather, because money (the sinews of war), being always at their disposal, 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 public differences, otherwise than 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 legal proceedings whereunto others are subjected. 5. O thou Powers of England, though thou hast promised to make this People a Free People, yet thou hast so handled the matter, through thy self-seeking humour, That thou has wrapped us up more in bondage, and oppression lies heavier upon us; not only bringing thy fellow Creatures, the Commoners, to a morsel of Bread, but by confounding all sorts of people by thy Government, of

doing and undoing. First, Thou hast made the people to take a Covenant and Oaths to endeavour a Reformation, and to bring in Liberty every man in his place; and yet while a man is in pursuing of that Covenant, he is imprisoned and oppressed by thy Officers, Courts, and Justices, so called. Thou hast made Ordinances to cast down Oppressing, Popish, Episcopal, Selfwilled and Prerogative Laws; yet we see, That Self-wil and Prerogative power, is the great standing Law, that rules all in action, and others in words. Thou hast made many promises and protestations to make the Land a Free Nation: And yet at this very day, the same people, to whom thou hast made such Protestatins of Liberty, are oppressed by thy Courts, Sizes, Sessions, by thy Justices and Clarks of the Peace, so called, Bayliffs, Committees, are imprisoned, and forced to spend that bread, that should save their lives from Famine. 5. We are made to hold forth this Declaration to you that are the Great Councel, and to you the Great Army of the Land of England, that you may know what we would have, and what you are bound to give us by your Covenants and Promises; and that you may joyn with us in this Work, and so find Peace. Or else, if you do oppose us, we have peace in our Work, and in declaring this Report: And you shall be left without excuse. The Work we are going about is this, To dig up Georges-Hill and the waste Ground thereabouts, and to Sow Corn, and to eat our bread together by the sweat of our brows. And the First Reason is this, That we may work in righteousness, and lay the Foundation of making the Earth a Common Treasury for All, both Rich and Poor, That every one that is born in the land, may be fed by the Earth his Mother that brought him forth, according to the Reason that rules in the Creation. Take notice, That England is not a Free People, till the Poor that have no Land, have a free allowance to dig and labour the Commons, and so live as Comfortably as the Landlords that live in their Inclosures. For the People have not laid out their Monies, and shed their Bloud, that their Landlords, theNorman power, should still have its liberty and freedom to rule in Tyranny in his Lords, landlords, Judges, Justices, Bayliffs, and State Servants; but that the Oppressed might be set Free, Prison doors opened, and the Poor peoples hearts comforted by an universal Consent of making the Earth a Common Treasury, that they may live together as one House of Israel, united in brotherly love into one Spirit; and having a comfortable livelihood in the Community of one Earth their Mother. If you look through the Earth, you shall see, That the landlords, Teachers and Rulers, are Oppressors, Murtherers, and Theeves in this manner; But it was not thus from the Beginning. And this is one Reason of our digging and labouring the Earth one with another; That we might work in righteousness, and lift up the Creation from bondage: For so long as we own Landlords in this Corrupt Settlement, we cannot work in righteousness; for we should still lift up the Curse, and tread down the Creation, dishonour the Spirit of universal Liberty, and hinder the work of Restauration.

6. COMMISSARY IRETON: The exception that lies in it is this: It is said, "The people of England" etc. . . . They are to be distributed "according to the number of the inhabitants;" and this doth make me think that the meaning is that every man that is an inhabitant is to be equally considered, and to have an equal voice in the election of the representors, those persons that are for the General Representative; and if that be the meaning then I have something to say against it. MR. PETTY (a soldier): We judge that all inhabitants that have not lost their birthright should have an equal voice in Elections. COL. RAINBOROW: I desired that those that had engaged in it [should speak] for really I think that the poorest he that is in England has a life to live as the greatest he; and therefore truly, Sir, I think it's clear, that every man that is to live under a Government ought first by his own consent to put himself under that Government; and I do think that the poorest man in England is not at all bound in a strict sense to that Government that he has not had a voice to put himself under; and I am confident that when I have heard the reasons against it, something will be said to answer those reasons, insomuch that I should doubt whether he was an Englishman or not that should doubt of these things. COMMISSARY IRETON: Give me leave to tell you that if you make this the rule I think you must flee for refuge to an absolute natural Right, and you must deny all Civil Right; and I am sure it will come to that in the consequence. For my part, I think it is no right at all. I think that no person has a right to an interest or share in the disposing or determining of the affairs of the Kingdom, and in choosing those that shall determine what laws we shall be ruled by here, no person has a right to this that has not a permanent fixed interest in this Kingdom. We talk of birthright But that by a man's being born here he shall have a share in that power that shall dispose of the lands here, and of all things here, I do not think it a sufficient ground. I am sure if we look upon that which is the utmost within man's view of what was originally the constitution of this Kingdom, [if we] look upon that which is most radical and fundamental, and which if you take away there is no man has any land, any goods, [or] any civil interest, that is this: that those that choose the Representors for the making of Laws by which this State and kingdom are to be governed are the persons who, taken together, do comprehend the local interest of this Kingdom; that is, the persons in whom all land lies, and those in Corporations in whom all trading lies. This is the most fundamental Constitution of this Kingdom, which if you do not allow you allow none at all. This Constitution has limited and determined it that only those shall have voices in Elections.

7. Habeas Corpus Act, 1679 Responding to abusive detention of persons without legal authority, public pressure on the English Parliament caused them to adopt this act, which established a critical right that was later written into the Constitution for the United States. An act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas. WHEREAS great delays have been used by sheriffs, gaolers and other officers, to whose custody, any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the King's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation. II. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters; (2) be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority thereof. That whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs, gaoler, minister or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the underofficers, under-keepers or deputy of the said officers or keepers, that the said officer or officers, his or their under-officers, under-keepers or deputies, shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ, not exceeding twelve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ; (3) and bring or cause to be brought the body of the party so committed or restrained, unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from which the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; (4) and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer.

8. Whereas the said late King James II having abdicated the government, and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the lords spiritual and temporal, and diverse principal persons of the Commons) cause letters to be written to the lords spiritual and temporal, being Protestants, and other letters to the several counties, cities, universities, boroughs, and Cinque Ports, for the choosing of such persons to represent them, as were of right to be sent to parliament, to meet and sit at Westminster upon the two and twentieth day of January, in this year 1689, in order to such an establishment as that their religion, laws, and liberties might not again be in danger of being subverted; upon which letters elections have been accordingly made. And thereupon the said lords spiritual and temporal and Commons, pursuant to their respective letters and elections, being new assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done), for the vindication and assertion of their ancient rights and liberties, declare: 1. That the pretended power of suspending laws, or the execution of laws, by regal authority, without consent of parliament is illegal. 2. That the pretended power of dispensing with the laws, or the execution of law by regal authority, as it hath been assumed and exercised of late, is illegal. 3. That the commission for erecting the late court of commissioners for ecclesiastical causes, and all other commissions and courts of like nature, are illegal and pernicious. 4. That levying money for or to the use of the crown by pretense of prerogative, without grant of parliament, for longer time or in other manner than the same is or shall be granted, is illegal. 5. That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal. 6. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law. 7. That the subjects which are Protestants may have arms for their defense suitable to their conditions, and as allowed by law. 8. That election of members of parliament ought to be free. 9. That the freedom of speech, and debates or proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament. 10. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 11. That jurors ought to be duly impaneled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders. 12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void. 13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, parliament ought to be held frequently. And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties.... Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempt upon their religion, rights, and liberties: The said lords spiritual and temporal, and commons, assembled at Westminster, do resolve that William and Mary, prince and princess of Orange, be, and be declared, king and queen of England, France, and Ireland....

Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France, and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said lords and commons contained in the said declaration.

9. The government of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging. I. That the supreme legislative authority of the Commonwealth of England, Scotland, and Ireland, and the dominions thereunto belonging, shall be and reside in one person, and the people assembled in Parliament; the style of which person shall be the Lord Protector of the Commonwealth of England, Scotland, and Ireland. II. That the exercise of the chief magistracy and the administration of the government over the said countries and dominions, and the people thereof, shall be in the Lord Protector, assisted with a council, the number whereof shall not exceed twenty - one, nor be less than thirteen. III. That all writs, processes, commissions, patents, grants, and other things, which now run in the name and style of the keepers of the liberty of England by authority of Parliament, shall run in the name and style of the Lord Protector, from whom, for the future, shall be derived all magistracy and honours in these three nations; and have the power of pardons (except in case of murders and treason) and benefit of all forfeitures for the public use; and shall govern the said countries and dominions in all things by the advice of the council, and according to these presents and the laws. IV. That the Lord Protector, the Parliament sitting, shall dispose and order the militia and forces, both by sea and land, for the peace and good of the three nations, by consent of Parliament; and that the Lord Protector, with the advice and consent of the major part of the council, shall dispose and order the militia for the ends aforesaid in the intervals of Parliament. V. That the Lord Protector, by the advice aforesaid, shall direct in all things concerning the keeping and holding of a good correspondency with foreign kings, princes, and states; and also, with the consent of the major part of the council, have the power of war and peace. VI. That the laws shall not be altered, suspended, abrogated, or repealed, nor any new law made, nor any tax, charge, or imposition laid upon the people, but by common consent in Parliament, save only as is expressed in the thirtieth article. VII. That there shall be a Parliament summoned to meet at Westminster upon the third day of September, 1654, and that successively a Parliament shall be summoned once in every third year, to be accounted from the dissolution of the present Parliament. VIII. That neither the Parliament to be next summoned, nor any successive Parliaments, shall, during the time of five months, to be accounted from the day of their first meeting, be adjourned, prorogued, or dissolved, without their own consent. (Instrument of Government 1653)

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