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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 failing in their trust. 6. That no Representative may in any wise render up, or give, or take away, any of the foundations of common right, liberty, and safety contained in this Agreement, nor level men's estates, destroy property, or make all things common; and that, in all matters of such fundamental concernment, there shall be a liberty to particular members of the said Representatives to enter their dissents from the major vote.
Ninthly. Concerning religion, we agree as followeth : 1. It is intended that the Christian Religion be held forth and recommended as the public profession in this nation, which we desire may, by the grace of God, be reformed to the greatest purity in doctrine, worship and discipline, according to the Word of God ; the instructing the people thereunto in a public way, so it be not compulsive ; as also the maintaining of able teachers for that end, and for the confutation or discovering of heresy, error, and whatsoever is contrary to sound doctrine, is allowed to be provided for by our Representatives ; the maintenance of which teachers may be out of a public treasury, and, we desire, not by tithes : provided, that Popery or Prelacy be not held forth as the public way or profession in this nation. 2. That, to the public profession so held forth, none be compelled by penalties or otherwise ; but only may be endeavoured to be won by sound doctrine, and the example of a good conversation. 3. That such as profess faith in God by Jesus Christ, however differing in judgment from the doctrine, worship or discipline publicly held forth, as aforesaid, shall not be restrained from, but shall be protected in, the profession of their faith and exercise of religion, according to their consciences, in any place except such as shall be set apart for the public worship ; where we provide not for them, unless they have leave, so as they abuse not this liberty to the civil injury of others, or to actual disturbance of the public peace on their parts. Nevertheless, it is not intended to be hereby provided, that this liberty shall necessarily extend to Popery or Prelacy. 4. That all laws, ordinances, statutes, and clauses in any law, statute, or ordinance to the contrary of the liberty herein provided for, in the two particulars next preceding concerning religion, be, and are hereby, repealed and made void.
Tenthly. It is agreed, that whosoever shall, by force of arms, resist the orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the foundations of common right, liberty, and safety, contained in this Agreement), he shall forthwith, after his or their such resistance, lose the benefit and protection of the laws, and shall be punishable with death, as an enemy and traitor to the nation. Of the things expressed in this Agreement: the certain ending of this Parliament, as in the first Article ; the equal or proportionable distribution of the number of the representers to be elected, as in the second; the certainty of the people's meeting to elect for Representatives biennial, and their freedom in elections; with the certainty of meeting, sitting and ending of Representatives so elected, which are provided for in the third Article ; as also the qualifications of persons to elect or be elected, as in the first and second particulars under the third Article ; also the certainty of a number for passing a law or preparatory debates, provided for in the fourth Article ; the matter of the fifth Article, concerning the Council of State, and of the sixth, concerning the calling, sitting and ending of Representatives extraordinary; also the power of Representatives to be, as in the eighth Article, and limited, as in the six reserves next following the same : likewise the second and third Par. ticulars under the ninth Article concerning religion, and the whole matter of the tenth Article ; all these we do account and declare to be fundamental to our common right, liberty, and safety: and therefore do both agree thereunto, , and resolve to maintain the same, as God shall enable us. The rest of the matters in this Agreement we account to be useful and good for the public; and the particular circumstances of numbers, times, and places, expressed in the several Articles, we account not fundamental ; but we find them necessary to be here determined, for the making the Agreement certain and practicable, and do hold these most convenient that are here set down; and therefore do positively agree thereunto. By the appointment of his Excellency the Lord-General and his General Council of Officers.
John RUSHWORTH, Sec.
72. THE CHARGE AGAINST THE KING.
[January 20, 1648. Rushworth, vii. 1396. See Masson's Life of
Milton, iii. 708.] That the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by, and according to the laws of the land, and not otherwise ; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties ; yet, nevertheless, out of a wicked design to erect and uphol in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the peoples' behalf in the right and power of frequent and successive Parliaments, or national meetings in Council ; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitorously and maliciously levied war against the present Parliament, and the people therein represented, particularly upon or about the 30th day of June, in the year of our Lord 1642, at Beverley, in the County of York ; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his standard of war; and also on or about the 23rd day of October in the same year, at Edgehill or Keyntonfield, in the County of Warwick ; and upon or about the 30th day of November in the same year, at Brentford, in the County of Middlesex ; and upon or about the 30th day of August, in the year of our Lord 1643, at the Caversham Bridge, near Reading, in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Gloucester; and upon or about the 30th
day of November in the year last mentioned, at Newbury, in the County of Berks; and upon or about the 31st day of July, in the year of our Lord 1644, at Cropredy Bridge, in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmin and other places near adjacent, in the County of Cornwall; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid ; and upon or about the 8th day of June, in the year of our Lord 1645, at the Town of Leicester; and also upon the 14th day of the same month in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this land, at several other times within the years aforementioned, and in the year our Lord 1646, he, the said Charles Stuart, hath caused and procured many thousands of the free people of this nation to be slain ; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by land and sea, during the years beforementioned, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by sea. And particularly he, the said Charles Stuart, hath for that purpose given commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of the nation (being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament), have had entertainment and commission for the continuing and renewing of war and hostility against the said Parliament and people as aforesaid. By which cruel and unnatural wars, by him, the said Charles Stuart, levied, continued, and renewed as aforesaid, much innocent blood of the free people of this nation hath been spilt, many families have been undone, the public treasure wasted and exhausted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of this land spoiled, some of them even to desolation. And for further prosecution of his said evil designs, he, the said Charles Stuart, doth still continue his commissions to the said Prince, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and the Irish rebels and revolters associated with him ; from whom further invasions upon this land are threatened, upon the procurement, and on the behalf of the said Charles Stuart.
All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been, and are carried on for the advancement and upholding of a personal interest of will. power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation, by and from whom he was entrusted as aforesaid.
By all which it appeareth that the said Charles Stuart hath been, and is the occasioner, author, and continuer of the said unnatural, cruel and bloody wars; and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations. damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby.
THE KING'S REASONS FOR DECLINING THE JURISDICTION
OF THE HIGH COURT OF JUSTICE.
[January 21, 1648. Rushworth, vii. 1403.] Having already made my protestations, not only against the illegality of this pretended Court, but also, that no earthly power can justly call me (who am your King) in question as a delinquent, I would not any more open my mouth upon this occasion, more than to refer myself to what I have spoken, were I in this case alone concerned: but the duty I owe to God in the preservation of the true liberty of my people will not suffer me at this time to be silent : for, how can any free-born subject of England call life or anything he possesseth his own, if power without right daily make new, and abrogate the old fundamental laws of the land which I now take to be the present case ? Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder me to answer to your pretended impeachment. But since I see that nothing I can say will move you to it (though negatives are not so naturally proved as affirmatives) yet I will show you the reason why I am confident you cannot judge me, nor indeed the meanest man