15

Equality

CHAPTER 15|Document 1

The Putney Debates

(The paper called "An Agreement of the People" read. Afterwards the first article read by itself.)

["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."]

Ireton: The exception that lies in it is this. It is said, they are to be distributed according to the number of the inhabitants: "The people of England," &c. 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 those representers, the persons that are for the general Representative; and if that be the meaning, then I have something to say against it. But if it be only that those people that by the civil constitution of this kingdom, which is original and fundamental, and beyond which I am sure no memory of record does go--

[Cowling, interrupting]: Not before the Conquest.

[Ireton]: But before the Conquest it was so. If it be intended that those that by that constitution that was before the Conquest, that hath been beyond memory, such persons that have been before [by] that constitution [the electors], should be [still] the electors, I have no more to say against it.

. . . . .

Petty: We judge that all inhabitants that have not lost their birthright should have an equal voice in elections.

Rainborough: I desired that those that had engaged in it [might be included]. For really I think that the poorest he that is in England hath 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 hath 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 no, that should doubt of these things.

Ireton: That's [the meaning of] this, ["according to the number of the inhabitants"]?

Give me leave to tell you, that if you make this the rule I think you must fly 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. This, I perceive, is pressed as that which is so essential and due: the right of the people of this kingdom, and as they are the people of this kingdom, distinct and divided from other people, and that we must for this right lay aside all other considerations; this is so just, this is so due, this is so right to them. And that those that they do thus choose must have such a power of binding all, and loosing all, according to those limitations, this is pressed as so due, and so just, as [it] is argued, that it is an engagement paramount [to] all others: and you must for it lay aside all others; if you have engaged any otherwise, you must break it. [We must] so look upon these as thus held out to us; so it was held out by the gentleman that brought it yesterday. For my part, I think it is no right at all. I think that no person hath a right to an interest or share in the disposing of the affairs of the kingdom, and in determining or choosing those that shall determine what laws we shall be ruled by here--no person hath a right to this, that hath not a permanent fixed interest in this kingdom, and those persons together are properly the represented of this kingdom, and consequently are [also] to make up the representers of this kingdom, who taken together do comprehend whatsoever is of real or permanent interest in the kingdom. And I am sure otherwise I cannot tell what any man can say why a foreigner coming in amongst us--or as many as will coming in amongst us, or by force or otherwise settling themselves here, or at least by our permission having a being here--why they should not as well lay claim to it as any other. We talk of birthright. Truly [by] birthright there is thus much claim. Men may justly have by birthright, by their very being born in England, that we should not seclude them out of England, that we should not refuse to give them air and place and ground, and the freedom of the highways and other things, to live amongst us--not any man that is born here, though by his birth there come nothing at all (that is part of the permanent interest of this kingdom) to him. That I think is due to a man by birth. 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 [any] man's view) of what was originally the constitution of this kingdom, upon that which is most radical and fundamental, and which if you take away, there is no man hath any land, any goods, [or] any civil interest, that is this: that those that choose the representers 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 and [that] which if you do not allow, you allow none at all. This constitution hath limited and determined it that only those shall have voices in elections. It is true, as was said by a gentleman near me, the meanest man in England ought to have [a voice in the election of the government he lives under--but only if he has some local interest]. I [Volume 1, Page 502] say this: that those that have the meanest local interest--that man that hath but forty shillings a year, he hath as great voice in the election of a knight for the shire as he that hath ten thousand a year, or more if he had never so much; and therefore there is that regard had to it. But this [local interest], still the constitution of this government hath had an eye to (and what other government hath not an eye to this?). It doth not relate to the interest of the kingdom if it do not lay the foundation of the power that's given to the representers, in those who have a permanent and a local interest in the kingdom, and who taken all together do comprehend the whole [interest of the kingdom]. There is all the reason and justice that can be, [in this]: if I will come to live in a kingdom, being a foreigner to it, or live in a kingdom, having no permanent interest in it, [and] if I will desire as a stranger, or claim as one freeborn here, the air, the free passage of highways, the protection of laws, and all such things--if I will either desire them or claim them, [then] I (if I have no permanent interest in that kingdom) must submit to those laws and those rules [which they shall choose], who, taken together, do comprehend the whole interest of the kingdom. And if we shall go to take away this, we shall plainly go to take away all property and interest that any man hath either in land by inheritance, or in estate by possession, or anything else--[I say], if you take away this fundamental part of the civil constitution.

Rainborough: Truly, sir, I am of the same opinion I was, and am resolved to keep it till I know reason why I should not. I confess my memory is bad, and therefore I am fain to make use of my pen. I remember that, in a former speech [which] this gentleman brought before this [meeting], he was saying that in some cases he should not value whether [there were] a king or no king, whether lords or no lords, whether a property or no property. For my part I differ in that. I do very much care whether [there be] a king or no king, lords or no lords, property or no property; and I think, if we do not all take care, we shall all have none of these very shortly. But as to this present business. I do hear nothing at all that can convince me, why any man that is born in England ought not to have his voice in election of burgesses. It is said that if a man have not a permanent interest, he can have no claim; and [that] we must be no freer than the laws will let us be, and that there is no [law in any] chronicle will let us be freer than that we [now] enjoy. Something was said to this yesterday. I do think that the main cause why Almighty God gave men reason, it was that they should make use of that reason, and that they should improve it for that end and purpose that God gave it them. And truly, I think that half a loaf is better than none if a man be anhungry: [this gift of reason without other property may seem a small thing], yet I think there is nothing that God hath given a man that any [one] else can take from him. And therefore I say, that either it must be the Law of God or the law of man that must prohibit the meanest man in the kingdom to have this benefit as well as the greatest. I do not find anything in the Law of God, that a lord shall choose twenty burgesses, and a gentleman but two, or a poor man shall choose none: I find no such thing in the Law of Nature, nor in the Law of Nations. But I do find that all Englishmen must be subject to English laws, and I do verily believe that there is no man but will say that the foundation of all law lies in the people, and if [it lie] in the people, I am to seek for this exemption.

And truly I have thought something [else]: in what a miserable distressed condition would many a man that hath fought for the Parliament in this quarrel, be! I will be bound to say that many a man whose zeal and affection to God and this kingdom hath carried him forth in this cause, hath so spent his estate that, in the way the state [and] the Army are going, he shall not hold up his head, if when his estate is lost, and not worth forty shillings a year, a man shall not have any interest. And there are many other ways by which [the] estates men have (if that be the rule which God in his providence does use) do fall to decay. A man, when he hath an estate, hath an interest in making laws, [but] when he hath none, he hath no power in it; so that a man cannot lose that which he hath for the maintenance of his family but he must [also] lose that which God and nature hath given him! And therefore I do [think], and am still of the same opinion, that every man born in England cannot, ought not, neither by the Law of God nor the Law of Nature, to be exempted from the choice of those who are to make laws for him to live under, and for him, for aught I know, to lose his life under. And therefore I think there can be no great stick in this.

Truly I think that there is not this day reigning in England a greater fruit or effect of tyranny than this very thing would produce. Truly I know nothing free but only the knight of the shire, nor do I know anything in a parliamentary way that is clear from the height and fulness of tyranny, but only [that]. As for this of corporations [which you also mentioned], it is as contrary to freedom as may be. For, sir, what is it? The King he grants a patent under the Broad Seal of England to such a corporation to send burgesses, he grants to [such] a city to send burgesses. When a poor base corporation from the King['s grant] shall send two burgesses, when five hundred men of estate shall not send one, when those that are to make their laws are called by the King, or cannot act [but] by such a call, truly I think that the people of England have little freedom.

Ireton: I think there was nothing that I said to give you occasion to think that I did contend for this, that such a corporation [as that] should have the electing of a man to the Parliament. I think I agreed to this matter, that all should be equally distributed. But the question is, whether it should be distributed to all persons, or whether the same persons that are the electors [now] should be the electors still, and it [be] equally distributed amongst them. . . .

All the main thing that I speak for, is because I would have an eye to property. I hope we do not come to contend for victory--but let every man consider with himself that he do not go that way to take away all property. For here is the case of the most fundamental part of the constitution of the kingdom, which if you take away, you take [Volume 1, Page 503] away all by that. Here men of this and this quality are determined to be the electors of men to the Parliament, and they are all those who have any permanent interest in the kingdom, and who, taken together, do comprehend the whole [permanent, local] interest of the kingdom. I mean by permanent [and] local, that [it] is not [able to be removed] anywhere else. As for instance, he that hath a freehold, and that freehold cannot be removed out of the kingdom; and so there's a [freeman of a] corporation, a place which hath the privilege of a market and trading, which if you should allow to all places equally, I do not see how you could preserve any peace in the kingdom, and that is the reason why in the constitution we have but some few market towns. Now those people [that have freeholds] and those [that] are the freemen of corporations, were looked upon by the former constitution to comprehend the permanent interest of the kingdom. For [first], he that hath his livelihood by his trade, and by his freedom of trading in such a corporation, which he cannot exercise in another, he is tied to that place, [for] his livelihood depends upon it. And secondly, that man hath an interest, hath a permanent interest there, upon which he may live, and live a freeman without dependence. These [things the] constitution [of] this kingdom hath looked at. Now I wish we may all consider of what rights you will challenge that all the people should have right to elections. Is it by the right of nature? If you will hold forth that as your ground, then I think you must deny all property too, and this is my reason. For thus: by that same right of nature (whatever it be) that you pretend, by which you can say, one man hath an equal right with another to the choosing of him that shall govern him--by the same right of nature, he hath the same [equal] right in any goods he sees--meat, drink, clothes--to take and use them for his sustenance. He hath a freedom to the land, [to take] the ground, to exercise it, till it; he hath the [same] freedom to anything that any one doth account himself to have any propriety in. Why now I say then, if you, against the most fundamental part of [the] civil constitution (which I have now declared), will plead the Law of Nature, that a man should (paramount [to] this, and contrary to this) have a power of choosing those men that shall determine what shall be law in this state, though he himself have no permanent interest in the state, [but] whatever interest he hath he may carry about with him--if this be allowed, [because by the right of nature] we are free, we are equal, one man must have as much voice as another, then show me what step or difference [there is], why [I may not] by the same right [take your property, though not] of necessity to sustain nature. It is for my better being, and [the better settlement of the kingdom]? Possibly not for it, neither: possibly I may not have so real a regard to the peace of the kingdom as that man who hath a permanent interest in it. He that is here to-day, and gone to-morrow, I do not see that he hath such a permanent interest. Since you cannot plead to it by anything but the Law of Nature, [or for anything] but for the end of better being, and [since] that better being is not certain, and [what is] more, destructive to another; upon these grounds, if you do, paramount [to] all constitutions, hold up this Law of Nature, I would fain have any man show me their bounds, where you will end, and [why you should not] take away all property.

Rainborough: I shall now be a little more free and open with you than I was before. I wish we were all truehearted, and that we did all carry ourselves with integrity. If I did mistrust you I would [not] use such asseverations. I think it doth go on mistrust, and things are thought too [readily] matters of reflection, that were never intended. For my part, as I think, you forgot something that was in my speech, and you do not only yourselves believe that [some] men are inclining to anarchy, but you would make all men believe that. And, sir, to say because a man pleads that every man hath a voice [by right of nature], that therefore it destroys [by] the same [argument all property--this is to forget the Law of God]. That there's a property, the Law of God says it; else why [hath] God made that law, Thou shalt not steal? I am a poor man, therefore I must be [op]pressed: if I have no interest in the kingdom, I must suffer by all their laws be they right or wrong. Nay thus: a gentleman lives in a country and hath three or four lordships, as some men have (God knows how they got them); and when a Parliament is called he must be a Parliament-man; and it may be he sees some poor men, they live near this man, he can crush them--I have known an invasion to make sure he hath turned the poor men out of doors; and I would fain know whether the potency of [rich] men do not this, and so keep them under the greatest tyranny that was [ever] thought of in the world. And therefore I think that to that it is fully answered: God hath set down that thing as to propriety with this law of his, Thou shalt not steal. And for my part I am against any such thought, and, as for yourselves, I wish you would not make the world believe that we are for anarchy.

Cromwell: I know nothing but this, that they that are the most yielding have the greatest wisdom; but really, sir, this is not right as it should be. No man says that you have a mind to anarchy, but [that] the consequence of this rule tends to anarchy, must end in anarchy; for where is there any bound or limit set if you take away this [limit], that men that have no interest but the interest of breathing [shall have no voice in elections]? Therefore I am confident on 't, we should not be so hot one with another.

Rainborough: I know that some particular men we debate with [believe we] are for anarchy.

Ireton: . . . I have, with as much plainness and clearness of reason as I could, showed you how I did conceive the doing of this [that the paper advocates] takes away that which is the most original, the most fundamental civil constitution of this kingdom, and which is, above all, that constitution by which I have any property. If you will take away that and set up, as a thing paramount, whatever a man may claim by the law of Nature, though it be not a thing of necessity to him for the sustenance of nature; if you do make this your rule, I desire clearly to understand where then remains property.

Now then--I would misrepresent nothing--the answer which had anything of matter in it, the great and main [Volume 1, Page 504] answer upon which that which hath been said against this [objection] rests, seemed to be that it will not make a breach of property, [for this reason]: that there is a law, Thou shalt not steal. [But] the same law says, Honour thy father and [thy] mother, and that law doth likewise hold out that it doth extend to all that (in that place where we are in) are our governors; so that by that there is a forbidding of breaking a civil law when we may live quietly under it, and [that by] a divine law. Again it is said--indeed [was said] before--that there is no law, no divine law, that tells us that such a corporation must have the election of burgesses, such a shire [of knights], or the like. Divine law extends not to particular things. And so, on the other side, if a man were to demonstrate his [right to] property by divine law, it would be very remote. Our [right to] property descends from other things, as well as our right of sending burgesses. That divine law doth not determine particulars but generals in relation to man and man, and to property, and all things else: and we should be as far to seek if we should go to prove a property in [a thing by] divine law, as to prove that I have an interest in choosing burgesses of the Parliament by divine law. And truly, under favour, I refer it to all, whether there be anything of solution to that objection that I made, if it be understood--I submit it to any man's judgment.

Rainborough: To the thing itself--property [in the franchise]. I would fain know how it comes to be the property [of some men, and not of others]. As for estates and those kind of things, and other things that belong to men, it will be granted that they are property; but I deny that that is a property, to a lord, to a gentleman, to any man more than another in the kingdom of England. If it be a property, it is a property by a law--neither do I think that there is very little property in this thing by the law of the land, because I think that the law of the land in that thing is the most tyrannical law under heaven. And I would fain know what we have fought for. [For our laws and liberties?] And this is the old law of England--and that which enslaves the people of England--that they should be bound by laws in which they have no voice at all! [With respect to the divine law which says Honour thy father and thy mother] the great dispute is, who is a right father and a right mother? I am bound to know who is my father and mother; and--I take it in the same sense you do--I would have a distinction, a character whereby God commands me to honour [them]. And for my part I look upon the people of England so, that wherein they have not voices in the choosing of their [governors--their civil] fathers and mothers--they are not bound to that commandment.

Petty: I desire to add one word concerning the word property. It is for something that anarchy is so much talked of. For my own part I cannot believe in the least that it can be clearly derived from that paper. 'Tis true, that somewhat may be derived in the paper against the King, the power of the King, and somewhat against the power of the Lords; and the truth is when I shall see God going about to throw down King and Lords and property, then I shall be contented. But I hope that they may live to see the power of the King and the Lords thrown down, that yet may live to see property preserved. And for this of changing the Representative of the nation, of changing those that choose the Representative, making of them more full, taking more into the number than formerly, I had verily thought we had all agreed in it that more should have chosen--all that had desired a more equal representation than we now have. For now those only choose who have forty shillings freehold. A man may have a lease for one hundred pounds a year, a man may have a lease for three lives, [but he has no voice]. But [as] for this [argument], that it destroys all right [to property] that every Englishman that is an inhabitant of England should choose and have a voice in the representatives, I suppose it is, [on the contrary], the only means to preserve all property. For I judge every man is naturally free; and I judge the reason why men [chose representatives] when they were in so great numbers that every man could not give his voice [directly], was that they who were chosen might preserve property [for all]; and therefore men agreed to come into some form of government that they might preserve property, and I would fain know, if we were to begin a government, [whether you would say], "You have not forty shillings a year, therefore you shall not have a voice." Whereas before there was a government every man had such a voice, and afterwards, and for this very cause, they did choose representatives, and put themselves into forms of government that they may preserve property, and therefore it is not to destroy it, [to give every man a voice].

Ireton: I think we shall not be so apt to come to a right understanding in this business, if one man, and another man, and another man do speak their several thoughts and conceptions to the same purpose, as if we do consider where the objection lies, and what the answer is which is made to it; and therefore I desire we may do so. To that which this gentleman spake last. The main thing that he seemed to answer was this: that he would make it appear that the going about to establish this government, [or] such a government, is not a destruction of property, nor does not tend to the destruction of property, because the people's falling into a government is for the preservation of property. What weight there [is in it] lies in this: since there is a falling into a government, and government is to preserve property, therefore this cannot be against property. The objection does not lie in that, the making of the representation more equal, but [in] the introducing of men into an equality of interest in this government, who have no property in this kingdom, or who have no local permanent interest in it. For if I had said that I would not wish at all that we should have any enlargement of the bounds of those that are to be the electors, then you might have excepted against it. But [what I said was] that I would not go to enlarge it beyond all bounds, so that upon the same ground you may admit of so many men from foreign states as would outvote you. The objection lies still in this. I do not mean that I would have it restrained to that proportion [that now obtains], but to restrain it still to men who have a local, a permanent interest in the kingdom, who have such an interest that they may live upon it as [Volume 1, Page 505] freeman, and who have such an interest as is fixed upon a place, and is not the same equally everywhere. If a man be an inhabitant upon a rack rent for a year, for two years, or twenty years, you cannot think that man hath any fixed or permanent interest. That man, if he pay the rent that his land is worth, and hath no advantage but what he hath by his land, is as good a man, may have as much interest, in another kingdom as here. I do not speak of not enlarging this [representation] at all, but of keeping this to the most fundamental constitution in this kingdom, that is, that no person that hath not a local and permanent interest in the kingdom should have an equal dependence in election [with those that have]. But if you go beyond this law, if you admit any man that hath a breath and being, I did show you how this will destroy property. It may come to destroy property thus. You may have such men chosen, or at least the major part of them, [as have no local and permanent interest]. Why may not those men vote against all property? [Again] you may admit strangers by this rule, if you admit them once to inhabit, and those that have interest in the land may be voted out of their land. It may destroy property that way. But here is the rule that you go by. You infer this to be the right of the people, of every inhabitant, because man hath such a right in nature, though it be not of necessity for the preserving of his being; [and] therefore you are to overthrow the most fundamental constitution for this. By the same rule, show me why you will not, by the same right of nature, make use of anything that any man hath, [though it be not] for the necessary sustenance of men. Show me what you will stop at; wherein you will fence any man in a property by this rule.

Rainborough: I desire to know how this comes to be a property in some men, and not in others.

Colonel [Nathaniel] Rich: I confess [there is weight in] that objection that the Commissary-General last insisted upon; for you have five to one in this kingdom that have no permanent interest. Some men [have] ten, some twenty servants, some more, some less. If the master and servant shall be equal electors, then clearly those that have no interest in the kingdom will make it their interest to choose those that have no interest. It may happen, that the majority may by law, not in a confusion, destroy property; there may be a law enacted, that there shall be an equality of goods and estate. I think that either of the extremes may be urged to inconveniency; that is, [that] men that have no interest as to estate should have no interest as to election [and that they should have an equal interest]. But there may be a more equitable division and distribution than that he that hath nothing should have an equal voice; and certainly there may be some other way thought of, that there may be a representative of the poor as well as the rich, and not to exclude all. I remember there were many workings and revolutions, as we have heard, in the Roman Senate; and there was never a confusion that did appear (and that indeed was come to) till the state came to know this kind of distribution of election. That is how the people's voices were bought and sold, and that by the poor; and thence it came that he was the richest man, and [a man] of some considerable power among the soldiers, and one they resolved on, made himself a perpetual dictator. And if we strain too far to avoid monarchy in kings [let us take heed] that we do not call for emperors to deliver us from more than one tyrant.

Rainborough: I should not have spoken again. I think it is a fine gilded pill. But there is much danger, and it may seem to some that there is some kind of remedy [possible]. I think that we are better as we are [if it can be really proved] that the poor shall choose many [and] still the people be in the same case, be over-voted still. [But of this, and much else, I am unsatisfied], and therefore truly, sir, I should desire to go close to the business; and the [first] thing that I am unsatisfied in is how it comes about that there is such a propriety in some freeborn Englishmen, and not [in] others.

Cowling [demanded]: Whether the younger son have not as much right to the inheritance as the eldest.

Ireton: Will you decide it by the light of nature?

. . . . .

Wildman: Unless I be very much mistaken we are very much deviated from the first question. Instead of following the first proposition to inquire what is just, I conceive we look to prophecies, and look to what may be the event, and judge of the justness of a thing by the consequence. I desire we may recall [ourselves to the question] whether it be right or no. I conceive all that hath been said against it will be reduced to this [question of consequences], and [to] another reason--that it is against a fundamental law, that every person [choosing] ought to have a permanent interest, because it is not fit that those should choose Parliaments that have no lands to be disposed of by Parliament.

Ireton: If you will take it by the way, it is not fit that the representees should choose [as] the representers, or the persons who shall make the law in the kingdom, [those] who have not a permanent fixed interest in the kingdom. [The reason is the same in the two cases.]

Wildman: Sir, I do so take it; and I conceive that that is brought in for the same reason: that foreigners might [otherwise not only] come to have a voice in our elections as well as the native inhabitants, [but to be elected].

Ireton: That is upon supposition that these [foreigners] should be all inhabitants.

Wildman: I shall begin with the last first. The case is different with the native inhabitant and [the] foreigner. If a foreigner shall be admitted to be an inhabitant in the nation, so he will submit to that form of government as the natives do, he hath the same right as the natives but in this particular. Our case is to be considered thus, that we have been under slavery. That's acknowledged by all. Our very laws were made by our conquerors; and whereas it's spoken much of chronicles, I conceive there is no credit to be given to any of them; and the reason is because those that were our lords, and made us their vassals, would suffer nothing else to be chronicled. We are now engaged for our [Volume 1, Page 506] freedom. That's the end of Parliaments: not to constitute what is already [established, but to act] according to the just rules of government. Every person in England hath as clear a right to elect his representative as the greatest person in England. I conceive that's the undeniable maxim of government: that all government is in the free consent of the people. If [so], then upon that account there is no person that is under a just government, or hath justly his own, unless he by his own free consent be put under that government. This he cannot be unless he be consenting to it, and therefore, according to this maxim, there is never a person in England [but ought to have a voice in elections]. If [this], as that gentleman says, be true, there are no laws that in this strictness and rigour of justice [any man is bound to], that are not made by those who[m] he doth consent to. And therefore I should humbly move, that if the question be stated--which would soonest bring things to an issue--it might rather be thus: Whether any person can justly be bound by law, who doth not give his consent that such persons shall make laws for him?

Ireton: Let the question be so: Whether a man can be bound to any law that he doth not consent to? And I shall tell you, that he may and ought to be [bound to a law] that he doth not give a consent to, nor doth not choose any [to consent to]; and I will make it clear. If a foreigner come within this kingdom, if that stranger will have liberty [to dwell here] who hath no local interest here, he, as a man, it's true, hath air, [the passage of highways, the protection of laws, and all] that by nature; we must not expel [him] our coasts, give him no being amongst us, nor kill him because he comes upon our land, comes up our stream, arrives at our shore. It is a piece of hospitality, of humanity, to receive that man amongst us. But if that man be received to a being amongst us, I think that man may very well be content to submit himself to the law of the land; that is, the law that is made by those people that have a property, a fixed property, in the land. I think, if any man will receive protection from this people though [neither] he nor his ancestors, not any betwixt him and Adam, did ever give concurrence to this constitution, I think this man ought to be subject to those laws, and to be bound by those laws, so long as he continues amongst them. That is my opinion. A man ought to be subject to a law, that did not give his consent, but with this reservation, that if this man do think himself unsatisfied to be subject to this law he may go into another kingdom. And so the same reason doth extend, in my understanding, [to] that man that hath no permanent interest in the kingdom. If he hath money, his money is as good in another place as here; he hath nothing that doth locally fix him to this kingdom. If that man will live in this kingdom, or trade amongst us, that man ought to subject himself to the law made by the people who have the interest of this kingdom in them. And yet I do acknowledge that which you take to be so general a maxim, that in every kingdom, within every land, the original of power of making laws, of determining what shall be law in the land, does lie in the people--[but by the people is meant those] that are possessed of the permanent interest in the land. But whoever is extraneous to this, that is, as good a man in another land, that man ought to give such a respect to the property of men that live in the land. They do not determine [that I shall live in this land]. Why should I have any interest in determining what shall be the law of this land?

Major [William] Rainborough: I think if it can be made to appear that it is a just and reasonable thing, and that it is for the preservation of all the [native] freeborn men, [that they should have an equal voice in election]--I think it ought to be made good unto them. And the reason is: that the chief end of this government is to preserve persons as well as estates, and if any law shall take hold of my person it is more dear than my estate.

. . . . .

Rainborough: For my part, I think we cannot engage one way or other in the Army if we do not think of the people's liberties. If we can agree where the liberty and freedom of the people lies, that will do all.

Ireton: I cannot consent so far. As I said before: when I see the hand of God destroying King, and Lords, and Commons too, [or] any foundation of human constitution, when I see God hath done it, I shall, I hope, comfortably acquiesce in it. But first, I cannot give my consent to it, because it is not good. And secondly, as I desire that this Army should have regard to engagements wherever they are lawful, so I would have them have regard to this [as well]: that they should not bring that scandal upon the name of God [and the Saints], that those that call themselves by that name, those whom God hath owned and appeared with--that we should represent ourselves to the world as men so far from being of that peaceable spirit which is suitable to the Gospel, as we should have bought peace of the world upon such terms--[as] we would not have peace in the world but upon such terms--as should destroy all property. If the principle upon which you move this alteration, or the ground upon which you press that we should make this alteration, do destroy all kind of property or whatsoever a man hath by human constitution, [I cannot consent to it]. The Law of God doth not give me property, nor the Law of Nature, but property is of human constitution. I have a property and this I shall enjoy. Constitution founds property. If either the thing itself that you press or the consequence [of] that you press [do destroy property], though I shall acquiesce in having no property, yet I cannot give my heart or hand to it; because it is a thing evil in itself and scandalous to the world, and I desire this Army may be free from both.

Sexby: I see that though liberty were our end, there is a degeneration from it. We have engaged in this kingdom and ventured our lives, and it was all for this: to recover our birthrights and privileges as Englishmen; and by the arguments urged there is none. There are many thousands of us soldiers that have ventured our lives; we have had little propriety in the kingdom as to our estates, yet we have had a birthright. But it seems now, except a man hath a fixed estate in this kingdom, he hath no right in this kingdom. I wonder we were so much deceived. If we had not a right to the kingdom, we were mere mercenary [Volume 1, Page 507] soldiers. There are many in my condition, that have as good a condition [as I have]; it may be little estate they have at present, and yet they have as much a [birth]right as those two who are their lawgivers, as any in this place. I shall tell you in a word my resolution. I am resolved to give my birthright to none. Whatsoever may come in the way, and [whatsoever may] be thought, I will give it to none. If this thing [be denied the poor], that with so much pressing after [they have sought, it will be the greatest scandal]. There was one thing spoken to this effect: that if the poor and those in low condition [were given their birthright it would be the destruction of this kingdom]. I think this was but a distrust of Providence. I do think the poor and meaner of this kingdom--I speak as in relation [to the condition of soldiers], in which we are--have been the means of the preservation of this kingdom. I say, in their stations, and really I think to their utmost possibility; and their lives have not been [held] dear for purchasing the good of the kingdom. [And now they demand the birthright for which they fought.] Those that act to this end are as free from anarchy or confusion as those that oppose it, and they have the Law of God and the law of their conscience [with them]. But truly I shall only sum up [in] this. I desire that we may not spend so much time upon these things. We must be plain. When men come to understand these things, they will not lose that which they have contended for. That which I shall beseech you is to come to a determination of this question.

Ireton: I am very sorry we are come to this point, that from reasoning one to another we should come to express our resolutions. I profess for my part, what I see is good for the kingdom, and becoming a Christian to contend for, I hope through God I shall have strength and resolution to do my part towards it. And yet I will profess direct contrary in some kind to what that gentleman said. For my part, rather than I will make a disturbance to a good constitution of a kingdom wherein I may live in godliness and honesty, and peace and quietness, I will part with a great deal of my birthright. I will part with my own property rather than I will be the man that shall make a disturbance in the kingdom for my property; and therefore if all the people in this kingdom, or [the] representative[s] of them all together, should meet and should give away my property I would submit to it, I would give it away. But that gentleman, and I think every Christian, ought to bear that spirit, to carry that in him, that he will not make a public disturbance upon a private prejudice.

Now let us consider where our difference lies. We all agree that you should have a Representative to govern, and this Representative to be as equal as you can [make it]. But the question is, whether this distribution can be made to all persons equally, or whether [only] amongst those equals that have the interest of England in them. That which I have declared [is] my opinion [still]. I think we ought to keep to that [constitution which we have now], both because it is a civil constitution--it is the most fundamental constitution that we have--and [because] there is so much justice and reason and prudence [in it]--as I dare confidently undertake to demonstrate--that there are many more evils that will follow in case you do alter [it] than there can [be] in the standing of it. But I say but this in the general, that I do wish that they that talk of birthrights--we any of us when we talk of birthrights--would consider what really our birthright is.

If a man mean by birthright, whatsoever I can challenge by the Law of Nature (suppose there were no constitution at all, no civil law and [no] civil constitution), [and] that that I am to contend for against constitution; [then] you leave no property, nor no foundation for any man to enjoy anything. But if you call that your birthright which is the most fundamental part of your constitution, then let him perish that goes about to hinder you or any man of the least part of your birthright, or will [desire to] do it. But if you will lay aside the most fundamental constitution, which is as good, for aught you can discern, as anything you can propose--at least it is a constitution, and I will give you consequence for consequence of good upon [that] constitution as you [can give] upon your birthright [without it]--and if you merely upon pretence of a birthright, of the right of nature, which is only true as for [your being, and not for] your better being; if you will upon that ground pretend that this constitution, the most fundamental constitution, the thing that hath reason and equity in it, shall not stand in your way, [it] is the same principle to me, say I, [as if] but for your better satisfaction you shall take hold of anything that a[nother] man calls his own.

Rainborough: Sir, I see that it is impossible to have liberty but all property must be taken away. If it be laid down for a rule, and if you will say it, it must be so. But I would fain know what the solider hath fought for all this while? He hath fought to enslave himself, to give power to men of riches, men of estates, to make him a perpetual slave. We do find in all presses that go forth none must be pressed that are freehold men. When these gentlemen fall out among themselves they shall press the poor scrubs to come and kill [one another for] them.

Ireton: . . . Give me leave [to say] but this one word. I [will] tell you what the soldier of the kingdom hath fought for. First, the danger that we stood in was that one man's will must be a law. The people of the kingdom must have this right at least, that they should not be concluded [but] by the Representative of those that had the interest of the kingdom. So[m]e men fought in this, because they were immediately concerned and engaged in it. Other men who had no other interest in the kingdom but this, that they should have the benefit of those laws made by the Representative, yet [fought] that they should have the benefit of this Representative. They thought it was better to be concluded by the common consent of those that were fixed men, and settled men, that had the interest of this kingdom [in them]. "And from that way," [said they], "I shall know a law and have a certainty." Every man that was born [in the country, that] is a denizen in it, that hath a freedom, he was capable of trading to get money, to get estates by; and therefore this man, I think, had a great deal of reason to build up such a foundation of interest to himself: that is, that the will of one man should not be a law, but that the law of this kingdom should be by a choice of [Volume 1, Page 508] persons to represent, and that choice to be made by, the generality of the kingdom. Here was a right that induced men to fight, and those men that had this interest, though this be not the utmost interest that other men have, yet they had some interest. Now [tell me] why we should go to plead whatsoever we can challenge by the right of nature against whatsoever any man can challenge by constitution. I do not see where that man will stop, as to point of property, [so] that he shall not use [against other property] that right he hath [claimed] by the Law of Nature against that constitution. I desire any man to show me where there is a difference. I have been answered, "Now we see liberty cannot stand without [destroying] property." Liberty may be had and property not be destroyed. First, the liberty of all those that have the permanent interest in the kingdom, that is provided for [by the constitution]. And [secondly, by an appeal to the Law of Nature] liberty cannot be provided for in a general sense, if property be preserved. For if property be preserved [by acknowledging a natural right in the possessor, so] that I am not to meddle with such a man's estate, his meat, his drink, his apparel, or other goods, then the right of nature destroys liberty. By the right of nature I am to have sustenance rather than perish; yet property destroys it for a man to have [this] by the right of nature, [even] suppose there be no human constitution.

Peter: I do say still, under favour, there is a way to cure all this debate. I will mind you of one thing: that upon the will of one man abusing us, [we reached agreement], and if the safety of the Army be in danger [so we may again]. I hope, it is not denied by any man that any wise, discreet man that hath preserved England [is worthy of a voice] in the government of it. So that, I profess to you, for my part I am clear the point of election should be amended [in that sense]. I think, they will desire no more liberty. If there were time to dispute it, I think they would be satisfied, and all will be satisfied.

Cromwell: I confess I was most dissatisfied with that I heard Mr. Sexby speak, of any man here, because it did savour so much of will. But I desire that all of us may decline that, and if we meet here really to agree to that which is for the safety of the kingdom, let us not spend so much time in such debates as these are, but let us apply ourselves to such things as are conclusive, and that shall be this. Everybody here would be willing that the Representative might be mended, that is, [that] it might be [made] better than it is. Perhaps it may be offered in that [other] paper [Heads of the Proposals] too lamely. If the thing [there] insisted upon be too limited, why perhaps there are a very considerable part of copyholders by inheritance that ought to have a voice; and there may be somewhat [in that paper] too [that] reflects upon the generality of the people [in denying them a voice]. I know our debates are endless if we think to bring it to an issue this way. If we may but resolve upon a committee, [things may be done]. If I cannot be satisfied to go so far as these gentlemen that bring this paper [An Agreement of the People], I say it again [and] I profess it, I shall freely and willingly withdraw myself, and I hope to do it in such a manner that the Army shall see that I shall by my withdrawing satisfy the interest of the Army, the public interest of the kingdom, and those ends these men aim at. And I think if you do bring this to a result it were well.

Rainborough: If these men must be advanced, and other men set under foot, I am not satisfied. If their rules must be observed, and other men, that are [not] in authority, [be silenced, I] do not know how this can stand together [with the idea of a free debate]. I wonder how that should be thought wilfulness in one man that is reason in another; for I confess I have not heard anything that doth satisfy me, and though I have not so much wisdom, or [so many] notions in my head, I have so many [apprehensions] that I could tell an hundred [such] of the ruin of the people. I am not at all against a committee's meeting; and as you say--and I think every Christian ought to do the same--for my part I shall be ready, if I see the way that I am going, and the thing that I would insist on, will destroy the kingdom, I shall withdraw [from] it as soon as any. And therefore, till I see that, I shall use all the means [I can], and I think it is no fault in any man [to refuse] to sell that which is his birthright.

Sexby: I desire to speak a few words. I am sorry that my zeal to what I apprehend is good should be so ill resented. I am not sorry to see that which I apprehend is truth [disputed], but I am sorry the Lord hath darkened some so much as not to see it, and that is in short [this]. Do you [not] think it were a sad and miserable condition, that we have fought all this time for nothing? All here, both great and small, do think that we fought for something. I confess, many of us fought for those ends which, we since saw, were not those which caused us to go through difficulties and straits [and] to venture all in the ship with you. It had been good in you to have advertised us of it, and I believe you would have [had] fewer under your command to have commanded. But if this be the business, that an estate doth make men capable--it is no matter which way they get it, they are capable--to choose those that shall represent them, I think there are many that have not estates that in honesty have as much right in the freedom [of] their choice as any that have great estates. Truly, sir, [as for] your putting off this question and coming to some other, I dare say, and I dare appeal to all of them, that they cannot settle upon any other until this be done. It was the ground that we took up arms [on], and it is the ground which we shall maintain. Concerning my making rents and divisions in this way. As a particular, if I were but so, I could lie down and be trodden there; [but] truly I am sent by a regiment, [and] if I should not speak, guilt shall lie upon me, and I [should] think I were a covenant-breaker. I do not know how we have [been] answered in our arguments, and [as for our engagements], I conceive we shall not accomplish them to the kingdom when we deny them to ourselves. I shall be loath to make a rent and division, but, for my own part, unless I see this put to a question, I despair of an issue.

Clarke: The first thing that I should desire was, and is, this: that there might be a temperature and moderation of spirit within us; that we should speak with moderation, not [Volume 1, Page 509] with such reflection as was boulted one from another, but so speak and so hear as that which [is said] may be the droppings of love from one to another's hearts. Another word I have to say is [that] the grand question of all is, whether or no it be the property of every individual person in the kingdom to have a vote in election[s]; and the ground [on which it is claimed] is the Law of Nature, which, for my part, I think to be that law which is the ground of all constitutions. Yet really properties are the foundation of constitutions, [and not constitutions of property]. For if so be there were no constitutions, yet the Law of Nature does give a principle [for every man] to have a property of what he has, or may have, which is not another man's. This [natural right to] property is the ground of meum and tuum. Now there may be inconveniencies on both hands, but not so great freedom [on either as is supposed--not] the greater freedom, as I conceive, that all may have whatsoever [they have a mind to]. And if it come to pass that there be a difference, and that the one [claimant] doth oppose the other, then nothing can decide it but the sword, which is the wrath of God.

Audley: I see you have a long dispute [and] that you do intend to dispute here till the tenth of March. You have brought us into a fair pass, and the kingdom into a fair pass, for if your reasons are not satisfied, and we do not fetch all our waters from your wells, you threaten to withdraw yourselves. I could wish, according to our several protestations, we might sit down quietly, and there throw down ourselves where we see reason. I could wish we might all rise, and go to our duties, and set our work in hand. I see both [parties] at a stand; and if we dispute here, both are lost.

Cromwell: Really for my own part I must needs say, whilst we say we would not make reflections we do make reflections; and if I had not come hither with a free heart to do that that I was persuaded in my conscience is my duty, I should a thousand times rather have kept myself away. For I do think I had brought upon myself the greatest sin that I was [ever] guilty of, if I should have come to have stood before God in that former duty, and if [I did retreat from] that my saying--which I did say, and shall persevere to say--that I shall not, I cannot, against my conscience do anything. They that have stood so much for liberty of conscience, if they will not grant that liberty to every man, but say it is a deserting I know not what--if that [liberty] be denied me, I think there is not that equality that is professed to be amongst us. Though we should be satisfied in our consciences in what we do, we are told we purpose to leave the Army, or to leave our commands, as if we took upon us to do it as [a] matter of will. I did hear some gentlemen speak more of will than anything that was spoken this way, for more was spoken by way of will than of satisfaction, and if there be not more equality in our minds I can but grieve for it, I must do no more. I said this (and I say no more): that [if you would] make your businesses as well as you can, we might bring things to an understanding; [for] it was [in order] to be brought to a fair composure [that we met]. And when you have said [what you can for the paper and have heard our objections], if [then] you should put this paper to the question without any qualifications, I doubt whether it would pass so freely. If we would have no difference we ought to put it [with due qualifications]. And let me speak clearly and freely--I have heard other gentlemen do the like: I have not heard the Commissary-General answered, not in one part, to my knowledge, not in a tittle. If, therefore, when I see there is an extremity of difference between you, [I move for a committee] to the end it may be brought nearer to a general satisfaction--if this [too] be thought a deserting of that interest, [I know not] if there can be anything more sharply said; I will not give it an ill word.

The Founders' Constitution
Volume 1, Chapter 15, Document 1
http://press-pubs.uchicago.edu/founders/documents/v1ch15s1.html
The University of Chicago Press

Woodhouse, A. S. P., ed. Puritanism and Liberty, Being the Army Debates (1647--9) from the Clarke Manuscripts with Supplementary Documents. 2d ed. London: J. M. Dent & Sons Ltd., 1951."