Page images
PDF
EPUB

present Parliament) no person shall be admitted to, or have any hand or voice in, such elections, who hath adhered unto or assisted the King against the Parliament in any of the late wars or insurrections ; or who shall make or join in, or abet, any forcible opposition against this Agreement. 2. That such persons, and such only, may be elected to be of the Representative, who, by the rule aforesaid, are to have voice in elections in one place or other. Provided, that of those none shall be eligible for the first or second Representative, who have not voluntarily assisted the Parliament against the King, either in person before the 14th of June, 1645, or else in money, plate, horse, or arms, lent upon the Propositions, before the end of May, 1643 ; or who have joined in, or abetted, the treasonable engagement in London, in 1647 ; or who declared or engaged themselves for a cessation of arms with the Scots that invaded this nation the last summer ; or for compliance with the actors in any insurrections of the same summer; or with the Prince of Wales, or his accomplices, in the revolted fleet. Provided also, that such persons as, by the rules in the preceding Article, are not capable of electing until the end of seven years, shall not be capable to be elected until the end of fourteen years next ensuing. And we desire and recommend it to all men, that, in all times, the

persons to be chosen for this great trust may be men of courage, fearing God and hating covetousness; and that our Representatives would make the best provisions for that end. 3. That whoever, by the rules in the two preceding Articles, are incapable of electing, or to be elected, shall presume to vote in, or be present at, such election for the first or second Representative ; or, being elected, shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moiety of his estate, to the use of the public, in case he have any visible estate to the value of £50, and if he has not such an estate, then shall incur the pain of imprisonment for three months. And if any person shall forcibly oppose, molest or hinder the people, capable of electing as aforesaid, in their quiet and free election of representers, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole estate, both real and personal ; and, if he has not an estate to the value of £50, shall suffer imprisonment during one whole year without bail or mainprize. Provided, that the offender in each such case be convicted within three

months next after the committing of his offence, and the first Representative is to make further provision for the avoiding of these evils in future elections. 4. That to the end all officers of state may be certainly accountable, and no faction made to maintain corrupt interests, no member of a Council of State, nor any officer of any salary-forces in army or garrison, nor any treasurer or receiver of public money, shall, while such, be elected to be of a Representative : and in case any such election shall be, the same to be void. And in case any lawyer shall be chosen into any Representative or Council of State, then he shall be incapable of practice as a lawyer during that trust. 5. For the more convenient election of Representatives, each county, wherein more than three representers are to be chosen, with the town corporate and cities, if there be any, lying within the compass thereof, to which no representers are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three representers. For the setting forth of which divisions, and the ascertaining of other circumstances hereafter expressed, so as to make the elections less subject to confusion or mistake, in order to the next Representative, Thomas Lord Grey of Groby, Sir John Danvers, Sir Henry Holcroft, knights, Moses Wall, gentleman ; Samuel Moyer, John Langley, Wm. Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Rd. Price, and Col. John White, citizens of London, or any five or more of them, are intrusted to nominate and appoint, under their hands and seals, three or more fit persons in each county, and in each city and borough, to which one representer or more is assigned, to be as Commissioners for the ends aforesaid, in the respective counties, cities and boroughs; and, by like writing under their hands and seals, shall certify into the Parliament Records, before the 11th of February next, the names of the Commissioners so appointed for the respective counties, cities and boroughs, which Commissioners, or any three or more of them, for the respective counties, cities and boroughs, shall before the end of February next, by writing under their hands and seals, appoint two fit and faithful persons, or more, in each hundred, lathe or wapentake, within the respective counties, and in each ward within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement, by fit persons to be employed for that purpose in every

parish ; who are to return the subscription so taken to the persons that employed them, keeping a transcript thereof to themselves; and those persons, keeping like transcripts, to return the original subscriptions to the respective Commissioners by whom they were appointed, at, or before, the 14th day of April next, to be registered and kept in the chief court within the respective cities and boroughs. And the said Commissioners, or any three or more of them, for the several counties, cities and boroughs, respectively, shall, where more than three representers are to be chosen, divide such counties, as also the City of London, into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions; and shall, in every county, city and borough, where any representers are to be chosen, and in every such division as aforesaid within the City of London, and within the several counties so divided, respectively, appoint one place certain wherein the people shall meet for the choice of the representers ; and some one fit person, or more, inhabiting within each borough, city, county or division, respectively, to be present at the time and place of election, in the nature of Sheriffs, to regulate the elections ; and by poll

, or otherwise, clearly to distinguish and judge thereof, and to make return of the person or persons elected, as is hereafter expressed ; and shall likewise, in writing under their hands and seals, make certificates of the several divisions, with the bounds thereof, by them set forth, and of the certain places of meeting, and persons, in the nature of Sheriff, appointed in them respectively as aforesaid ; and cause such certificates to be returned into the Parliament Records before the end of April next ; and before that time shall also cause the same to be published in every parish within the counties, cities and boroughs respectively; and shall in every such parish likewise nominate and appoint, by warrant under their hands and seals, one trusty person, or more, inhabiting therein, to make a true list of all the persons within their respective parishes, who, according to the rules aforegoing, are to have voice in the elections; and expressing who amongst them are, by the same rules, capable of being elected ; and such list, with the said warrant, to bring in and return, at the time and place of election, unto the person appointed in the nature of Sheriff, as aforesaid, for that borough, city, county or division respectively; which person so appointed as Sheriff

, being present at the time and place of election ; or, in case of his absence, by

the

space of one hour after the time limited for the peoples' meeting, then any person present that is eligible, as aforesaid, whom the people then and there assembled shall choose for that end, shall receive and keep the said lists and admit the persons therein contained, or so many of them as are present, unto a free vote in the said election ; 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.

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 the Representative shall, within twenty days after their first meeting, appoint a Council of State for the managing of public affairs, until the tenth 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.

Sixthly. That in each interval between biennial Representatives, the Council of State, in case of imminent danger or extreme necessity, may summon a Representative to be forthwith chosen, and 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.

I. We

Seventhly. That no member of any Representative be made either receiver, treasurer, or other officer, during that employment, saving to be a 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 natural and civil, these six particulars next following are, and shall be, understood to be excepted and reserved from our Representatives, viz. do not empower them to impress or constrain any person to serve in foreign war, either by sea or 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 any thing 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 the same. 3. That no securities given, or to be given, by the public faith of the nation, nor any 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

« PreviousContinue »