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A84656 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. England and Wales. Army. Council.; Fairfax, Thomas Fairfax, Baron, 1612-1671. 1647 (1647) Wing F139A; Thomason E401_4; ESTC R201772 8,728 17

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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 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 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 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 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 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 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 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 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 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 Signed by the 〈…〉 Fair●ax and the 〈◊〉 of Warre Jo. Rushworth Secre● August 1. 1647. FINIS