A DECLARATION FROM HIS EXCELLENCIE Sr. Thomas Fairfax, And his Councell of Warre.
Concerning their proceeding in the Proposalls, prepared and agreed on by the Councell of the Armie, to be tendred to the Commissioners of Parliament, residing in the Army, and with them to be treated on by the Commissioners of the Army.
TOGETHER WITH The Heads of the said Proposalls, containing the particulars of their desires, in pursuance of their former Declarations and Papers, in order to the clearing, and securing of the Rights, and Liberties of the Kingdome, and the setling of a just and lasting Peace.
TO WHICH ARE ADDED Some further particular desires, for the removing, and redressing of divers present pressing grievances, being also comprised in, or in necessarie pursuance of their former Representations and Papers appointed to be treated upon.
LONDON; Printed by Matthew Simmons. 1647.
A Declaration FROM HIS EXCELLENCY Sir THO: FAIRFAX, And his Councell of Warre. Concerning the Proposalls of the Army for setling of a peace, and the grounds of publishing the Heads thereof.
SInce our drawing back to Reading, wee have applyed our selves with all diligence to frame, and hasten an intire body of all the particular Proposalls, which wee would tender to the Commissioners of Parliament residing with the Army, to be treated on in pursuance of those generall desires, exprest in our former Declarations and Papers, for the securing of the Common Rights, and Liberties, and a present setling of the peace of the Kingdome. In which businesse, (notwithstanding the many interruptions and disturbances, with daily advertisements of the indirect and treacherous practises and [Page 4] preparations of the Committee of Militia, and others in and about the Citie of London, and elsewhere, tending to a new Warre have occasioned, to the diverting or retarding of our proceeding therein, yet,) wee have made a progresse as speedy as the nature and weight of such a worke would admit, and having finished the same, wee have delivered in, [...]n abstract of the Heads thereof unto the said Commissioners of Parliament to be treated upon.
But the late pernicious Engagement set on foote in the Citie, and (much more,) that prodigious violence done to both Houses of Parliament on Munday last, having wholly taken us off for present, and rendred all proceeding in the way of Treatie thereupon meerly vaine and hopelesse, untill it shall please God, the Parliament be righted and vindicated against that violation done to it, and restored into a Condition of freedome, so as the unquestioned Members of it may repaire together with safetie, and proceed according to their just freedome. Wee have thought good in the meane time to make this publique tender of the Heads of the Proposalls to the Consideration of the whole Kingdome, wherein though all circumstances requisite to be determined in an actuall settlement, be not so fully and perfectly expressed, as upon the Treaty intended (if not interrupted, as before,) they might speedily have been, yet all men may see and understand in these the effect and bottome of our desires, whereupon wee have sincerely studied, that a present peace might be setled; which same thing, (with and after such vindication of the Parliament, a [...] may againe render it into a capacitie to establish the same,) wee shall still faithfully endeavour to the utmost of our powers, and accordingly shall expect the chearfull and heartie concurrence of all those who are or shall be satisfied, concerning the integritie of our intentions to the peace and welfare of the Kingdome in these Proposalls, or who shall (for the maine) desire or approve of the same things with us in order to a settlement.
And to these Proposalls which wee here first tender as necessary to a Peace, and upon which wee desire the seale of peace, (in the restitution of his Majesty and others to their Rights, and in [Page 5] an Act of Oblivion to be past,) wee cannot but adde the further expression of our desires in some other particulars, which (though not so essentiall to peace, as necessarily to precede the setling of it, yet) being matters of very publique, and (most of them) of generall grievance to the Kingdome (which wee every where finde the Out-cryes of,) and being contained in, or pursuance of the same things expressed in our former Representations, and Papers: Wee shall desire, That (the Parliament being set free) no time may be lost for a speedy Consideration of them, so as the former things for the present setling of peace be not delayed thereby.
The Heads of the PROPOSALLS agreed upon by his Excie Sir THO: FAIRFAX, and the Councell of the Army, to be tendred to the Commissioners of Parliament, residing with the Army, and with them to be treated on by the Commissioners of the Army.
CONTAINING The particulars of their desires in pursuance of their former Declarations and Papers: In order to the clearing and securing of the Rights and liberties of the Kingdome, and the setling a just and lasting peace.
To which are added some further particular desires (for the removing and redressing of divers present pressing grievances) being also comprized in, or necessary pursuance of their former Representations and Papers appointed to be Treated upon.
1. THat (the things hereafter proposed, being provided for by this Parliament) a certain period may, by Act of Parliament) be set for the ending of this Parliament, (such period to be within a year at most,) and in the same Act provision to be made for the succession [Page 7] and constitution of Parliaments in future as followeth.
1. THat Parliaments may B [...]ennially be called, and meet at a certaine day, with such provision for the certainty thereof, as in the late Act was made for Trienniall Parliaments, and what further or other provision shall be found needfull by the Parliament, to reduce it to more certainty; and upon the passing of this, the said Act for Trienniall-Parliaments to be repealed.
2. Each Bienniall Parliament to fit 120. dayes certaine (unlesse adjourned, or dissolved sooner by their own consent) afterwards to be adjournable or dissolveable by the King; and no Parliament to sit past 240. dayes, from their first meeting or some other limited number of dayes now to be agreed on: upon the expiration whereof, each Parliament to dissolve of course, if not otherwise dissolved sooner.
3. The King upon advice of the Councell of State in the intervalls bewixt Bienniall-Parliaments, to call a Parliament extraordinary, provided it meet above seventie dayes before the next Bienniall day, and be dissolved at least sixtie dayes before the same, so as the course of Bienniall-elections may never bee interrupted.
4. That this Parliament and each succeeding Bienniall-Parliament, at, or before adjournment, or dissolution thereof, may appoint Committees to continue during the intervall, for such purposes as are in any of these Proposalls refe [...]r'd to such Committees.
5. That the Elections of the Commons for succeeding Parliaments, may be distributed to all Counties, or other parts or divisions of the Kingdome, according to some rule of equality or proportion, so as all Counties may have a number of Parliament Members allowed to their choice, proportionable to the respective Rates they beare in the common charges, and burthens of the Kingdome, according to some other rule of equallity [Page 8] or proportion, to render the House of Commons, (as neere as may be) an equall Representative of the whole, and in order thereunto, that a present consideration be had to take off the Elections of Burgesses, for poore decayed, or inconsiderable Townes, and to give some present addition to the number of Parliament Members for great Counties, that have now lesse then their due proportion, to bring all (at present) as neere as may be, to such a rule of proportion, as aforesaid.
6. That effectuall provision be made for future freedome of Elections, and certainty of due returnes.
7. That the House of Commons alone have the power from time to time, to set downe further orders and rules for the ends expressed in the two last preceding Articles, so as to reduce the Elections of Members for that House, to more and more perfection of equallity in the distribution, freedome in the Election, Order in the proceeding thereto, and certainty in the Returnes, which orders and rules (in that case) to be as Lawes.
8. That there be a liberty for entering dissents in the House of Commons with provision, that no Member be censurable for ought said or voted in the House, further then to exclusion from that trust, and that onely by the judgement of the House it selfe.
9. That the judiciall power, or power of finall Judgement in the Lords and Commons (and their power of Exposition and Application of Law) (without further appeale) may be cleared: And that no Officer of Justice, Minister of State, or other person adjudged by them, may be capable of Protection, or pardon from the King, without their advice and consent.
10. That the Right and libertie of the Commons of England, may be cleared and vindicated, as to a due Exemption from any Judgement, Triall, or other proceeding against them by the House of Peeres, without the concurring Judgement of the House of Commons. As also from any other judgement, sentence, or proceeding against them, other then by their equalls, or according to the Law of the Land.
[Page 7]11 The same Act to provide, that grand Jury-men may bee chosen by, and for severall parts or divisions of each County respectively, In some equal way (and not remaine as now at the discretion of an under-Sheriffe to be put on or off,) And that such Grand Jury-men for their respo [...] [...] ties may at each Assize present the names of p [...] to be made Justices of Peace, from time to time, as the [...]o [...]nty hath neede for any to be added to the Commission, and at the summer Assize to present the names of three persons out of whom the Kinge may prick one to bee Sheriffe for the next yeare.
II. For the future security to Parliaments and the Militia in generall in order thereunto, that it be provided by Act of Parliament.
1 That the power of the Militia by Sea and Land during the space of ten yeares next ensuing shall be ordered and disposed by the Lords and Commons Assembled, and to bee Assembled in the Parliament or Parliaments of England, or by such persons as they shall nominate and appoint for that purpose from time to time during the said space.
2 That the said power shall not be ordered, disposed, or exercised by the Kings Majesty that now is, or by any person or persons by any Authority derived from him, during the said space, or at any time hereafter by his said Majesty, without the advice and consent of the said Lords and Comm [...] of such Committees, or Councel in the intervals of Parliament as they shall appoint.
3 That during the same space of ten yeares, the said Lords and Commons way by Bill or Ordinance raise and dispose of what monies, and for what Forces they shall from time to time finde necessary, as also for payment of the publick debts and damages; and for all other the publick uses of the Kingdome.
4 And to the end the temporary security intended by the three particulars last precedent way bee the better assured it may therefore be provided,
That no Subjects that have beene in Hostility against the Parliamēt in the late warre shall be capable of bearing any [...]ffice of power or publick trust in the Common-wealth during the space of five [Page 8] yeares without consent of Parliament or of the Councell of State, or to sit as Members or assistants of either House of Parliament untill the second Biennial Parliament be past.
III. For the present form of disposing the Militia in order to the [...]cē and safety of this Kingdome and the service of Ireland.
1 That there be Commissioners for the admiralty with a Vice-Admirall and Rere-Admirall, now to bee agreed on, with power for the forming, regulating, appointing of Officers, and providing for the Navy, and for ordering the same, to and in the ordinary service of the Kingdom. And that there be a sufficient provision and establishment for pay and mayntenance thereof.
2 That there bee a Generall for command of the Land Forces that are to bee in pay both in England, Ireland, and Wales, both for Field and Garison.
3 That there be Commissioners in the severall Counties, for the standing Militia of the respective Counties (consisting of Trained Bands and Auxiliaries not in pay,) with power for the proportioning, forming, regulating, trayning, and disciplyning of them.
4 That there bee a Councel of State with power to superintend and direct the severall, and particular powers of the Militia last mentioned for the peace and safety of this Kingdome, and of Ireland.
5 That the same Councell may have power as the Kings privy Councel, for and in all forraigne negotiations; provided, That the making of warre or peace with any other Kingdome or State shall not bee without [...]he advice and consent of Parliament.
6 That the said power of the Councell of State bee put into the hands of trusty and able persons now to bee agreed on, and the same persons to continue in that power (si bene se gesserint,) for a certain Terme not exceeding seaven years.
7 That there bee a sufficient establishment now provided for the salary Forces both in England and Ireland, the establishment to continue untill two Moneths after the meeting of the first Bienniall Parliament.
IV. That an Act be passed for disposing the great Offices f [...] ten years by the Lords and Commons in Parliament, or by such Committees as they shall appoint for that purpose in the intervalls, [Page 9] (with submission to the approbation of the next Parliament) and after ten years, they to nominate three, and the King out of that number to appoint one for the succession, upon any vacancy.
V. That an Act be passed for restraining of any [...] made since the 21 day of May 1642. or to be hereafter [...], from having any power to sit or Vote in Parliament, without consent of both Houses.
VI. That an Act be passed, for recalling and making voyd all Declarations and other proceedings against the Parliament, or against any that have acted by, or under their authority in the late Warre, or in relation to it. And that the Ordinances for indempnity may be confirmed.
VII. That an Act be passed for making void all Grants, &c. under the Great Seal, that was conveyed away from the Parliament, since the time that it was so conveyed away (except as in the Parliaments Propositions) and for making those [...]adid that have been or shall be passed under the [...]eat Seale made by the authority of both Houses of Parliament
VIII. [...] an Act be passed for [...]mation of the Treaties between the two Kingdomes [...] and Scotland, and for appointing Conservators of the peace betwixt them.
IX. That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament; Provided his Majesties Revenue be [...] damnified therein, nor those that last held Offices in the [...] without reparation some other way.
X. An Act to declare void the C [...]ation of Ireland, &c. and to leave the prosecution of that War [...] to the Lords and Commons in the Parliament of England.
XI An Act to be [...] to take a [...]y all [...] power, authority and jurisdiction of Bishops and all other Ecclesiasticall Officers whatsoever, extending to any Civill penalties upon any; and to repeale [...] Laws, whereby the Civill Magistracy hath been or is boun [...] upon any Ecclesiasticall censure to proceed (ex officio) unto any civill penalties against any persons to censured.
XII. That there be a repeale of all Acts, or C [...]sses in any [Page 10] Act, enjoyning the use of the Book of Common Prayer, and imposing any penalties, for neglect thereof, as also of all Acts or Clauses in any Act, imposing any penalty for not comming to Church, or for meetings elsewhere, for prayer, or other religious duties, exercises or Ordinances, and some other provision to be made for discovering of Papists, and Popish Recusants, and for disabling of them, and of all Jesuites, or Priests, from disturbing the State.
XIII. That the taking of the Covenant be not inforced upon any, nor any penalties imposed upon the Refusers, whereby men might be constrained to take it against their judgements, or consciences, but all Orders or Ordinances tending to that purpose to be repealed.
XIV. That (the things here before proposed, being provided, for setling and securing the Rights, Liberties, Peace, and safety of the Kingdome,) his Majesties person, his Queen, and Royall issue, may be restored to a condition of safety, Honour, and freedome in this Nation, without diminution to their personall Rights, or further limitation to the exercise of the Regall power then according to the particulars aforegoing.
XV. For the matter of Compositions.
1. That a lesse number out of the persons excepted in the t [...] first qualifications, (not exceeding five for the English,) being nominated particularly by the Parliament, who (together with the persons in the Irish Rebellion, included in the third qualification,) [...]y be reserved to the further judgement of the Parliament, as they shall finde cause, All other excepted persons may be remitted from the exception, and admitted to Composition.
2. That the rates for all future Co [...]sitions may be lessened and limitted, not to exceed the severall proportions hereafter exprest respectively: That is to say.
1. For all p [...]r souls formerly excepted, not above [...] part.
2. For the [...]a [...]e Members of Parliament, under the first branch of the fourth qualification in the Proposition, a fourth part.
3, For other Members of Parliament, in the second and [...] branches of the same qualification, a sixth part.
[Page 11]4. For the persons nominated in the said fourth qualification, and those included in the tenth qualification, an eight part.
5. For all others in [...] the s [...]th qualification, a tenth part.
And that reall Debts, either upon Record, or proved by witnesses, be considered and abated in the [...] their estates in all the cases aforesaid.
3. That those who shall hereafter [...] compound, [...] not [...]ve the Covenant [...] without which [...] not compound, but in case they shall [...] willingly take it, they may passe their Compositions without [...].
4. That the persons and [...] of all English, not [...] two hundred pounds in La [...] o [...] Goods, [...]e at liberty and discharged: And that the Kings [...] Servants that [...] took [...] Almes, his [...]ly attended his Person according to [...] Office [...] may be fr [...]ed from Composition, or to pay (at most) but the proportion of one [...]ges [...].
5. That is Order [...]o the making and perf [...]cti [...] [...]f Compositions [...] aforesaid, [...] Profit of all sequestred [...] the Estates of such person wh [...] shall be [...]) [...]ee from henceforth suspended and [...] the hand [...] of the [...]spective tenants, occupants, and other [...] from them they are due, for the space of [...] following.
6. That the Faith [...] [...]lia [...]nt, [...] to have been made, full reparation and satisfaction may [...] to the [...], and the persons [...] may be [...].
XV. Th [...] [...] to extend unto all (except [...] [...]ception as before) [...] [...]anour [...], &c. [...] from all trouble or prejudice for [...] their compositions past) and to restore them to all pri [...]iledges &c. belonging to other Subjects, provided as in the [...] particular under the second generall head [...]for [...] [...] security.
[Page 12]And whereas there have beene of late strong indeavours and practices of a fa [...]tio [...]s and desperate party, to imbroyle this Kingdom in a new warre, [...]d for that purpose to induce the King the Queene, and Prince, to declare for the said party and also to excite and stirre up all those of the Kings late party to appeare and ingage for the same, which attempts and designes, many of the Kings party, (out of their desires to avoid further m [...]s [...]ry [...] the [...]ingdome,) have contributed their in devours to prevent, (as for divers of them wee have had particular assurance,) we doe therefore desire, that such of the Kings party who shall appeare to have [...]pressed, and shall [...] expresse that way their good affections to the pence and welfare of the Kingdoms, and to hinder the a broyling of the some in a new warre, may bee freed and co [...]pted from compositions, [...] to pay but one yeares Rev [...] o [...] a twen [...] part.
These particulars aforegoing are the [...] proposall as wee have agreed [...] to [...]d in order [...] of the peace of [...] leaving the Termes or [...] the Kingdome of Scot [...] to stand as in the proposi [...] of both Kingdomes untill that Kingdome shall agree to any o [...]tion.
Next to the proposals aforesaid for the pre [...] [...] of a p [...]ce, wee shall desire, than [...] may be lo [...] by the Par [...]ent for dispa [...] of other things tending to the [...], [...] and just in [...] of the Kingdome, and [...].
T [...] [...] just and necess [...]y liberty of the p [...]op [...] to [...] their grievances and desires by way of Petition, may be [...] [...] or Declaration of the Army sent from S [...]. Albans.
[...]. (Th [...] [...]) the common grieva [...] by the people, may be speed [...]ly con [...] of, and effectually red [...]ssed, and in particular.
[...]. Th [...] the Excise [...]ay bee taken off from such Commodities [...] people of the [...]and doe ordinarily free and a certain [...] for taking off the whole.
[Page 13]2. That the oppressions and incroachm [...]ts of [...]ound Laws may be prevented for future.
3. All Monopolies (old or ne [...]) and restraines to the freedome of trade to [...].
4. That [...] to remedy and rectifie the [...] [...] ties, and severall parts of each County, in respect of others, and to settle the proportions for L [...] are to more equally throughout the Kingdome, in order to which we shall offer some further particular [...], which we hope m [...]y be usefull.
5. The present unequall troublesome and contentions way of Ministers maintenance by T [...]t [...], to be considered of, and some remedy applyed.
6. That the rules and course of [...], and the affirme of is, [...]ay be so reduced and reformed, as that all [...] and questions [...] Rights may be more cleere and certaine in the issues, and not so tedious nor chargeable in the proceeding as now, in order to which we shall offer some further particulars hereafter.
7. That Prisoners for D [...]bt, or other [...] have Estates to disc [...] go them may not [...] other wayes [...] but that the Estates of all [...] may be some [...] mo [...]e liable to their Debts, (as well as Tradesmen are by Commissions of Bankrupt) whether they be imprisoned for it, or [...]. And thee such prisoners for Debt, who have not [...] have to their Cre [...]ors, may b [...] [...] impris [...]ent, or some may provided for, so as neither they or the [...] Families [...]ay perish by their imprisonments.
8. [...] to the [...] of themselves, or their neerest Relations i [...] criminall causes, [...] no mans life take taken away under [...] witnesses.
9. That [...] or [...], or else to quallifie and pr [...]e against [...] extend [...] or ensnaring of religious and peaceable people, meerly for non-conformity in Religion.
[Page 14]3. That according to the sixt Head in the Declaration of the Army, the large powers given to Committees or Deputy Lieutenants during the late times of warre and distraction, may be speedily taken into confu [...]tion, to be recalled [...]d made void and th [...] such powers of that nature as shall appears necessary to be continued, may be put into a regulated way, and left to as little Arbitrarinesse as the nature and necessity of the things (wherein they are conversant) will beare.
4. That (according to the seventh Head in the sai [...] Declaration an effectuall course may be taken, t [...] the kingdome may be righted and satisfied in point of Accounts for the vast summes that have been levyed.
5. That provision may be made for payment of Arrears to the Army, and the rest of the Souldiers of the kingdome, who have concurred with the Ar [...] in the late desires and proceedings thereof: And in the near place, for payments of the publique debts and da [...] mages of the kingdome, and that to bee performed, first to such persons whose debts or dammages [...] the publick Account are great, and their estates shall so as they are thereby reduced to a difficulty of subsistence; In order to all which, and to the fourth particular last proceding, we shall speedily offer see [...] further [...] th [...] nature of rule [...] hope will be of good [...] towards publike [...] [...] on.