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A40423 A Petition from His Excellency Thomas Lord Fairfax and the General Councel of Officers of the Army, to the Honourable the Commons of England in Parliament assembled, concerning the draught of an agreement of the people, for a secure and present peace, by them framed and prepared together with the said agreement presented Saturday, Jan. 20, and a declaration of His Excellency and the said General Councel, concerning the same, tendred to the consideration of the people. Fairfax, Thomas Fairfax, Baron, 1612-1671.; England and Wales. Parliament. House of Commons.; England and Wales. Army. Council. 1649 (1649) Wing F213; ESTC R6806 15,566 34

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after Elections 4 That to the end all Officers of State may be certainly accomptable and no factions made to maintain corrupt interests no Member of a Councel of State nor any Officer of any salary forces in Army or Garison nor any Treasurer or Receiver of publique monies shall while such be elected to be of a Representative And in case any such Election shall be the same to be void And in case any Lawyer shall be chosen of any Representative or Councel of State then he shall be uncapable of practice as a Lawyer during thattrust 5 For the more convenient Election of Representatives each County wherein more then three Representors are to be chosen with the Townes Corporate and Cities if there be any lying within the compasse thereof to which no Representors are herein assigned shall be divided by a due proportion into so many and such parts as each part may elect two and no part above three Representors For the setting forth of which Divisions and the ascertaining of other circumstances hereafter exprest so as to make the Elections lesse subject to confusion or mistake in order to the next Representative Thomas Lord Grey of Grooby Sir John Danvers Sir Henry Holcraft Knights Moses Wall Gentleman Samuel Moyer John Langley William Hawkins Abraham Babington Daniel Taylor Mark Hilsley Richard Price and Col. John White Citizens of London or any five or more of them are intrusted to nominate and appoint under their Hands and Seales three or more fit persons in each County and in each Citie and Borough to which one Representor or more is assigned to be as Commissioners for the ends aforesaid in the respective Counties Cities and Burroughs and by like writing under their Hands and Seales shall certifie into the Parliament Records before the fourteenth day of February next the names of the Commissioners so appointed for the respective Counties Cities and Burroughs which Commissioners or any three or more of them for the respective Counties Cities and Burroughs shall before the end of February next by writing under their Hands and Seales appoint two fit and faithfull persons or more in each Hundred Lath or Wapentake within the respective Counties and in each Ward within the City of London to take care for the orderly taking of all voluntary subscriptions to this Agreement by fit persons to be imploy'd for that purpose in every Perish who are to returne the subscriptions so taken to the persons that imployed them keeping a transcript thereof to themselves and those persons keeping like Transcripts to return the Originall subscriptions to the respective Commissioners by whom they were appointed at or before the fourteenth of Aprill next to be registered and kept in the County Records for the said Counties respectively and the subscriptions in the City of London to be kept in the chief Court of Record for the said City And the Commissioners for the other Cities and Borroughs respectively are to appoint two or more fit persons in every Parish within their Precincts to take such subscriptions and keeping transcripts thereof to return the Originalls to the respective Commissioners by the said fourteenth of Aprill next to be registred and kept in the chief Court within the respecrive Cities and Burroughs And the same Commissioners or any three or more of them for the severall Counties Cities and Boroughs respectively shall where more then three Representors are to be chosen divide such Counties as also the City of London into so many and such parts as are aforementioned and shall set forth the bounds of such divisions and shall in every County City and Borough where any Representors are to be chosen and in every such division as aforesaid within the City of London and within the severall Counties so divided respectively appoint one certaine place wherein the people shall meet for the choise of their Representors and some one fit Person or more inhabiting within each Borough City County or Division respectively to be present at the time and place of Election in the nature of Sheriffes to regulate the Elections and by Pole or otherwise clearly to distinguish and judge thereof and to make returne of the Person or Persons Elected as is hereafter exprest and shall likewise in writing under their hands and Seales make Certificates of the severall Divisions with the bounds thereof by them set forth and of the certaine places of meeting and Persons in the nature of Sheriffes appointed in them respectively as aforesaid and cause such Certificates to be returned into the Parliament Records before the end of April next and before that time shall also cause the same to be published in every Parish within the Counties Cities and Boroughs respectively and shall in every such Parish likewise nominate and appoint by Warrant under their hands and Seals one Trusty person or more inhabiting therein to make a true list of al the Persons within their respective Parishes who according to the rules aforegoing are to have voyce in the Elections and expressing who amongst them are by the same rules capable of being Elected and such List with the said Warrant to bring in and returne at the time and place of Election unto the Person appointed in the nature of Sheriffe as aforesaid for that Borough City County or Division respectively which Person so appointed as Sheriffe being present at the time and place of Election or in case of his absence by the space-of one houre after the time limited for the peoples meeting then any Person present that is eligible as aforesaid whom the people then and there assembled shall chuse for that end shall receive and keep the said Lists and admit the Persons therein contained or so many of them as are present unto a free Vote in the said Election and having first caused this Agreement to be publiquely read in the audience of the people shall proceed unto and regulate and keep peace and order in the Elections and by Pole or otherwise openly distinguish and judge of the same And thereof by Certificate or writing under the hands and Seales of himselfe and six or more of the Electors nominating the Person or Persons duly Elected shall make a true returne into the Parliament Records within one and twenty dayes after the Election under paine for default thereof or for making any false Returne to forfeit one hundred pounds to the Publique use And shall also cause Indentures to be made and interchangeably sealed and delivered betwixt himselfe and six or more of the said Electors on the one part and the Persons or each Person Elected severally on the other part expressing their Election of him as a Representor of them according to this Agreement and his acceptance of that trust and his promise accordingly to performe the same with faithfulnesse to the best of his understanding and ability for the glory of God and good of the people This course is to hold for the first Representative which is to provide for
setting of moderate Fines upon such of the Kings party as shal not be excepted for life with a certain day for their coming in and submitting and an Act of pardon to such as shall come in and submit accordingly or have already compounded The setling of a Revenue for all necessary publique uses in such a way as the people may be most eased The assigning and ascertayning of securities for Souldiers Arrears and for publique Debts and Damages The taking away of Tithes and putting that maintenance which shall be thought competent for able Teachers to instruct the people into some other way lesse subject to scruple or contention the clearing and perfecting of Accompts for all publique Monies the relieving of prisoners for Debt the removing or reforming of other evills or inconveniencies in the present Lawes and Administrations thereof the redresse of abuses and supplying of Defects therein the putting of all the Lawes and proceedings thereof into the English tongue the reducing of the course of Law to more brevity and lesse charge the setling of Courts of Justice and Record in each County or lesse Divisions of the Kingdome and the erecting of Courts of Merchants for controversies in trading and the like These and many other things of like sort being of a particular nature and requiring very particular and mature consideration with larger experience in the particular matters then we have and much Caution that by taking away of present Evills greater inconveniences may not ensue for want of other provisions in the room thereof where it is necessary and we for our parts being far from any Desire or thought to assume or exercise a Law-giving or Judiciall power over the Kingdome or to meddle in any thing save the fundamentall setling of that power in the most equall and hopefull way for Common Right Freedom and Safety as in this Agreement and having not meanes nor time for nor the necessitie of some present generall settlement admitting the delay of such a consideration as seems requisite in relation to such numerous particulars we have purposely declined the inserting of such things into this Agreement But as we have formerly expressed our desires that way so when the matters of publique Justice and generall settlement are over we shall not be wanting if needfull humbly to recommend such particulars to the Parliament by whom they may more properly safely and satisfactorily be provided for and we doubt not but they will be so such of them at least as are of more neare and present concernment by this Parliament and the rest by future Representatives in due time And thus we recommend for present the businesse of this Agreement without further addition to the best consideration of all indifferent and equall minded men and commit the issue thereof as of all our wayes and concernments to the good pleasure of the Lord whose will is better to us then our own or any inventions of ours who hath decreed and promised better things then we can wish or imagine and who is most faithfull to accomplish them in the best way and season By the appointment of the General Councell of Officers Iohn Rushworth Secretary FINIS Memorandum That the Commissioners for the respective Counties Cities and Boroughs are to returne a Computation of the number of Subscribers in the severall Parishes unto the Trustees herein named before the end of April next at such place and in such forme as the said Trustees or any five or more of them shall direct