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A82141 A declaration of the engagements, remonstrances, representations, proposals, desires and resolutions from His Excellency Sir Tho: Fairfax, and the generall councel of the Army. For setling of His Majesty in His just rights, the Parliament in their just priviledges, and the subjects in their liberties and freedomes. With papers of overtures, of the army with the Kings Majesty, the Parliament, the citie, and with the souldiery amongst themselves. Also representations of the grievances of the Kingdome, and remedies propounded, for removing the present pressures whereby the subjects are burthened. And the resolution of the army; for the establishment of a firme and lasting peace in Church and Kingdome. Die Lunæ, 27. Septembris, 1647. Whereas Math: Simmons hath beene at great charges in printing the Declarations and Papers from the Army in one volume. It is ordered by the Lords in Parliament assembled, that the said Math: Simmons shall have the printing and publishing thereof for the space of one whole yeare from the date hereof. And that none other shall re-print the same during that time. John Brown, Cler. Parliamentorum. Fairfax, Thomas Fairfax, Baron, 1612-1671. 1647 (1647) Wing D664; Thomason E409_25; ESTC R204445 144,071 176

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the first Bienniall Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the intervalls with submission to the approbation of the next Parliament and after ten yeares 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 Peers made since the 21. day of May 1642. or to be hereafter made 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 conffirmed VII That an Act be be passed for making voyd all Grants c. under the Great-Seale that was conveyed away from the Parliament since the time it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great-Seale made by the authority of both Houses of Parliament VIII That an Act be passed for confirmation of the Treaties betweene the two Kingdomes of England 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 not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that Warre to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all coercive power authority and jurisdiction of Bishops and all other Ecclesiasticall Officers whatsoever extending to any civill penalties upon any and to repeale all Laws whereby the Civill Magistracy hath been or is bound upon any Ecclesiasticall censure to proceed ex officio unto any civill penalties against any persons so censured XII That there be a Repeale of all Acts or Clauses in any Act enjoyning the use of the Booke of Common-Prayer and imposing any penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penaltie for not comming to Church or for meetings elsewhere for Prayer or other religious duties excercises or Ordinances And some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jesultes 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 lesser number out of the persons excepted in the two 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 may 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 Compositions may be lessened and limitted not to exceed the severall proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first branch of the fourth qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third branches of the same qualification a sixth part 4. For the persons nominated in the said fourth qualification and those included in the tenth qualification and eight part 5. For all others included in the sixth qualification a tenth part And that reall debts either upon record or proved by witnesses be considered and abated in the valuation of their estates in all the cases aforesaid 3. That those who shall hereafter come to compound may not have the Covenant put upon them as a condition without which they may not compound but in case they shall not willingly take it they may passe their Compositions without it 4. That the persons and estates of all English not worth two hundered pounds in Lands or Goods be at liberty and discharged And that the Kings meniall Servants that nere tooke up Armes but onely attended his person according to their Offices may be freed from Composition or to pay at most but the proportion of one yeares Revenue or a twentieth part 5. That in Order to the making and perfecting of Compositions at the rates aforesaid the Rents Revenues and other Duties and Profits of all sequestred Estates whatsoever except the Estates of such persons who shall bee continued under exception as before be from hence forth suspended and detained in the hands of the respective tenant occupants and others from whom they are due for the space of six moneths following 6. That the Faith of the Army or other foroes of the Parliament given in Articles upon surrenders to any of the Kings party may be fully made good and where any breach thereof shall appeare to have been made full reparation and satisfaction may be given to the parties injured and the persons offending being found out may be comeplled thereto XVI That there may be a generall Act of Oblivion to extend unto all except the persons to be continued in exception as before to absolve from all Trespasses Misdemeanours c. done in prosecution of the Warre and from all trouble or prejudice for or concerning the same after their compositions past and to restore them to all priviledges c. belonging to other Subjects provided as in the fourth particular under the second generall Head affore-going concerning security And whereas their have been of late strong indeavours and practises of a factious and desperate party to imbroyle this Kingdome in a new War and for that purpose to enduce 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 engage for the same which attempts and designes many of the Kings party out of their desires to avoid further misery to the Kingdome have contributed their indeavours to prevent as
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 referr'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 therespective Rates they beare in the common charges and burthens of the Kingdome according to some other rule of equallity 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 equality 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 small 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 11. The same Act to provide that grand Jury-men may be chosen by and for severall parts or divisions of each County respectively in some equall 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 respective Counties may at each Assize present the names of persons to be made Justices of Peace from time to time as the Countrey hath need for any to be added to the Commission and at the summer Assize to present the names of three persons out of whom the King may prick one to be Sheriffe for the next yeare II. For the future security to Parliaments and the Militia in generall in order thereunto that is 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 be 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 Commons or of such Committees or Councell in the intervals of Parliament 〈◊〉 they shall appoint 3. That during the some sp●●ce of ten yeares the said Lords and Commons may by Bill or Ordinance raise and dispose of what moneys and for what Forces they shall from time to time finde necessary ●s 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 tempor●●y security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late warre shall be capable of bearing any Office of power ●s publick trust in the Common-wealth during the space of five 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-●ituniall Parliament be past III. For the present forme of disposing the Militia in order to the peace 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 be 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 Kingdome And that there be a sufficient provision and establishment for pay and maintenance thereof 2. That there be a Generall for command of the Land Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 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 training and disciplining of them 4. That there be a Councell 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 Councell for and in all forraigne negotiations provided That the making of warre or peace with any other Kingdome or State shall not be without the advice and consent of Parliament 6. That the said power of the Councell of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Terme not exceeding seven yeares 7. That there be 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
all Acts or Clauses in any 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 penalties for not comming to Church or for meetings else-where 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 all Jesuites or Priests from disturbing the State 3. That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusers whereby men might be constrained to take it against their judgments or consciences but all Orders or Ordinances tending to that purpose to be repealed 4. 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 afore-going 5. That a lesse number out of the persons excepted in the two first qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion in the third qualification may 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 6. That the rates for all future composition may be lessened and limited not to exceed the severall proportions hereafter exprest respectively That is to say 1. For al persons formerly excepted not above a third part 2. For the late Members of Parliament under the first branch of the fourth qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third branches of the same qualification a sixth part 4. For the persons nomina●ed in the said fourth qualification and those included in the tenth qualification an eighth part 5. For all other included in the sixth qualification a tenth part And that reall Debts either upon Record or proved by witnesses be considered and abated in the valuation of their estates in all the cases aforesaid 7. That those who shall hereafter come to compound may not have the Covenant put upon them as a condition without which they may not compound but in case they shall not willingly take it they may pass their compositions without it 8. That the persons and Estates of all English not worth two hundred pounds in Lands or goods be at liberty and discharged And that the Kings meniall Servants that never took up Armes but only attended His Person according to their Offices may be freed from Compositions or to pay at most but the proportion of one years Revenue or a twentieth part 9. That in Order to the making and perfecting of Compositions at the rates aforesaid the Rents Revenues and other dues and profits of all sequestred Estates whatsoever except the Estates of such persons who shall bee continued under exception as before bee from henceforth suspended and detained in the hands of the respective Tenants Occupants and others from whom they are due for the space of sixe moneths following 10. That the faith of the Army or other forces of the Parliament given in Articles upon surenders to any of the Kings party may be fully made good and where any breach thereof shall appeare to have been made fult reparation and satisfaction may be given to the parties injured and the prsons offending being found out may be compelled thereto 11. That there may be a generall act of oblivion to extend unto all except the persons to be continued in exception as before to absolve from all Trespasses Misdemeanors c. done in prosecution of the War and from all trouble or prejudice for or concerning the same and to restore them to all priviledges c. belonging to other Subjects provided as in the fourth particular under the second generall head afore-going concerning security 12. And whereas there have been of late strong endeavours practices a factious and desperate party to imbroyl this Kingdome in a new War and 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 a desire to avoid further misery to the Kingdome have contributed their endeavours to prevent as for divers of them we have had particular assurance we doe therefore desire that such of the Kings party who shall appear to have expressed and shall hereafter expresse shat way their good affections to the peace and wel-fare of the Kingdom and to hinder the embroyling of the same in a new War may be freed and exempted from compositions or to pay but one yeares Revenue or a twentieth part The humble Proposals of the Adjutators in the Army Presented to his Excellency Sir Thomas Fairfax concerning divers that suffer in matters concerning the King May it please your Excellency HAving received information from some persons of good affections and fidelity to the Armie and Kingdome that severall persons are now under unmercifull sufferings by confiscating their goods and imprisonment of their Persons for words spoken against the King acting in His Tyrannicall practices in the late War they having been Souldiers We being made sensible of their misery not knowing how soon it may be our own condition there as yet being no provision for their or our own indempnity For want of which our Enemies have so great advantage of all the wel-affected in the Kingdome That if not timely remedied they will recover more upon our words then we of them by our swords We are ingaged to supplicate your Excellency in the behalf of these Prisoners named in this inclosed paper that you would be pleased to use some means for the restoring them to their freedome and to deliver them from their Tyrannicall sufferings according as your Excellency shall finde agreeable to Justice and reason Presented to His Excellency Sir Thomas Fairfax sighned by these Adjutators John Reynolds Francis White Edward Chillendon Tobias Birdge Richard Nixon Nicholas Andrews John Wilson Nat. Vnderwood George Stenson Richard Grant Thomas Raulings VVilliam Young J hn Taylor Robert Stedman John VVells John Dober Edward Vaughan VVilliam Pryar Thomas Shepheard Timothy Thornbury John Willoughby William Jones Edward Twigge Henry Gethings A Declaration from his Excellency Sir Thomas Fairfax and the Councell of his Army held at Putney Sept. 9. 1647. Concerning the fundamentall Authority and Government of the Kingdome VVHereas a Member of the Generall Councell of this Army hath publik●ly decl●red and expressed himselfe That there is now no visible Authority in the Kingdom but the power and force of the