Independence Day in America is often remembered with a simplified narrative: British tyranny provoked a revolt in the colonies, culminating in American independence. This account emphasizes the Revolution itself, buttressed by many hagiographies (and many revisionist hamartographies). However, there are libertarian ideological roots underlying the American Revolution which extend further back, brought over by early English settlers. Among these intellectual precursors were the Levellers—a radical faction during the English Civil Wars, whose political principles bear a notable resemblance to those found in the Declaration of Independence, Articles of Confederation, Constitution, and the Bill of Rights. 

While their influence on American political development was indirect, the parallels are striking. Many scholars—including Don Wolfe, whose commentary in Leveller Manifestos of the Puritan Revolution inspired this analysis—have recognized the Levellers as a neglected, yet significant, progenitor of American political thought. To reintroduce the Levellers, this article examines The Agreement of the Free People of England—their final major manifesto—to trace these ideological continuities.

The Agreement

While there are many important documents from the Levellers that preempt the American Republic, the Agreement represents an uncompromising culmination of Leveller thought. This is partly because the document—authored by John Lilburne, William Walwyn, Thomas Prince, and Richard Overton—was published after all its authors were imprisoned in the Tower of London by the independents’ army. There is also hope in the declaration that their convictions had become so popular that—should their uncompromising vision not be accepted by Parliament and the army—the people would enact their desired polity anyway. As the authors say in the introduction:

…we tender this ensuing Agreement, not knowing any more effectuall means to put a finall period to all our feares and troubles.

It is a way of settlement, though at first much startled at by some in high authority; yet according to the nature of truth, it hath made its own way into the understanding, and taken root in most mens hearts and affections, so that we have reall ground to hope (what ever shall become of us) that our earnest desires and indeavours for good to the people will not altogether be null and frustrate.

The New Parliament

The people—specifically a limited franchise of 21+ year-old men who were not servants or dependent upon alms—would exercise their authority through a 400-member representative parliament (Point I). While democratic republics are not ideal to libertarians now, to expect such knowledge of libertarian-minded Englishmen in 1649 demands a rather high bar. At least half the parliament would need to be present for any decisions (Point II).

The Levellers had solutions for the major problems of democracy (outside of limiting the franchise). The Agreement prevents factions and looting of the public by banning officers paid by the army or garrison and anyone on the public payroll from becoming a representative, and lawyers were banned from practicing law while in parliament (Point III). Representatives were also banned from succeeding themselves and from being a receiver, treasurer, or officer while a representative (Point IIII).

The existing parliament had three months to disband and was tasked with organizing the new Leveller parliament (Point V). If it did not, the people would elect the new parliament anyway and bypass the old one (Point VI). The new parliament would be bound to the Agreement (Point VII). The people would vote in an entirely new parliament yearly, which would be the supreme governing authority, meet at least four months out of the year, and could not delegate its governance to other bodies while adjourned (Point VIII). As a final constitutional matter, the Agreement lists the parliament’s powers and the people’s rights. The new parliament had to preserve peace and commerce with other countries, safeguard life, liberty, and property at home, and could raise money only to accomplish these goals (Point IX).

So far, the Levellers’ parliament looks similar to the American House of Representatives in both design and philosophy. In fact, the Levellers had harsher restrictions on potential corruption and political dynasties. While term limits are criticized today, frequent elections with strict term limits era would be more effective at cutting down on corruption and preventing political consolidation in the early modern era; communication, bribes, and coordination all happened much slower in the 17th century. England is also a very small, relatively homogenous country compared to the US, mitigating the (stated) concerns that brought about the American bicameral legislature. The new parliament was also tasked with the same purpose as Congress in the original Articles of Confederation.

Rights and Toleration

As for laws to be upheld, no representative could use force or pass laws on matters of faith (Point X), foreshadowing the original first amendment. This should be understood through earlier Leveller manifestos, like No Papist nor Presbyterian—a pamphlet that, despite its name, called for general toleration of all Christians. Any regulations upon these Christians would violate liberty of conscience, a belief also held by many Quakers in the mid-Atlantic colonies (John Lilburne—one of the authors—would later convert to Quakerism). Therefore, conscription and impressment were also banned for violating liberty of conscience (Point XI).

Ever the peacemakers, the Levellers declared no new investigations into actions taken during the Civil Wars (Point XII). Special exemptions from the law were to be stripped away, including charters, titles, and parliamentary privilege (Point XIII). Representatives and courts could only enforce the law and not interfere with it, as the Levellers demanded equal execution of the law and no judgement without a law (Point XIIII). The new parliament would also address grievances quickly, as only corrupt interests benefited from perpetually unresolved complaints (Point XV).

So far, the Levellers have done well regarding rights and liberties, but similarities to US law grow. For example, foreshadowing the fifth amendment, no person shall be punished for refusing to witness against themselves (XVI). Imperfectly foreshadowing the sixth amendment, legal proceedings would be speedy (terminating after six months), all proceedings being in English with citizens being able to plead their own case or obtain a representative (Point XVII).

On trade and taxation, the Levellers out-radical the Constitution (understandably so given its origins). Representatives could not regulate trade with foreign countries that allowed English trade (Point XVIII), much stronger than American trade protections. Further, excise taxes would expire four months after the next parliament began, as taxes on trade unduly harmed the people; the only semi-permanent tax would be a flat land tax (Point XIX). While this would disproportionately affect the landowning nobility (enemies of the Levellers), it would have the side effect of making the wealthy more capable of owning the now-more-expensive land compared to the average Englishman.

The Levellers also called for a ban on debtors’ prisons and on exempting any property from repayment of debts (Point XX), their reasoning being in line with Rothbard. The death penalty was reserved for murder and similarly heinous crimes (Point XXI), agreeing with Rothbard’s belief that punishment should fit the crime. Anyone accused of a crime retained all liberties and had the right to trial and witnesses (Point XXII), again foreshadowing the sixth amendment.

Tithes would be slowly phased out, becoming optional in the meantime, as anyone unable to submit to the recipient of the tithe would not be expected to pay (Point XXIII), further underscoring liberty of conscience and pan-Christian toleration. The Church of England would be devolved to the congregational level (Point XIV), with parishes selecting their own ministers.

Anticipating the seventh amendment, a jury of twelve men from the same neighborhood as the accused would be guaranteed in any matter of “life, limb, liberty, or estate” (Point XXV). The people themselves would decide how to select a jury, allowing a freer system than in the US.
The only intolerance toward other Christians came by preventing any Catholic maintaining Papal supremacy from holding office (XXVI), a view that would persist in English liberalism at least until Gladstone. However, this prohibition applied to all similar submissions to foreign leaders. Continuing the decentralizing trend, local areas would pick their own leaders and representatives (XXVII).

Finally, public debts must be repaid, and any gifts and subsidies from prior parliaments could be revoked (Point XXVIII). Perhaps the most important article: the army could not be an independent force and must be subject to civil authority (Point XXIX). Their concerns were justified, as the army would go on to seize power and end the Leveller movement. The Levellers end with a radical affirmation that the Agreement could not be altered or surrendered and that any laws contrary to it would be null and void (Point XXX).

This article summarizes the main points of the Levellers and their libertarian underpinnings, but I encourage the reader to engage the material itself. To see American political thought a century early is something to behold, and there are more parallels to be found than space permitted.