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A39845 A declaration from his excellencie Sir Thomas Fairfax, and his councell of warre concerning their proceedings in the proposalls prepared and agreed on by the councel of the Army, 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 settling 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 necessary pursuance of their former representation and papers appointed to be treated on. Fairfax, Thomas Fairfax, Baron, 1612-1671. 1647 (1647) Wing F139; ESTC R3200 8,844 20

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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 bear in the common charges and burdens of the Kingdome or according to some other rule of equality or proportion to render the house of Commons as near as may be an equall representative of the whole And in order thereto that a present consideration be had to take off the elections of Burgesses for poore decayed or inconsiderable Towns and to give some present addition to the number of Parliament members of great Counties that have now lesse then their due proportion to bring all at present as near as may be to such rule of proportion as aforesaid 6. That effectuall provision be made for future freedome of Elections and certainty of due returns 7. That the house of Commons alone have the power from time to time to set down further orders and rules for the ends expressed in the two last precedent 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 returns which orders and rules in that case to be as Lawes 8. That there be a Liberty for entring 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 self 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 appeal 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 advise and consent 10. That the rights and the liberties of the Commons of England may be cleared and vindicated as to a due exemption from any Judgement Tryall or other proceeding against them by the House of Peers 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 remain as now at the discretion of an under Sheriff to be put on or off and that such Grand-jury men for their respective County may each Assize present the names of persons to be made Justices of Peace from time to time as the Countrey shall need for any to be added to the Commission and at the Summer Assize to present the names of their persons out of whom the King may prick one to be Sheriff for the next year II. For future security to Parliaments and the Militia in generall and 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 years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament 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 advise and consent of the said Lords and Commons or of such Committee or Councell in the intervalls of Parliament as they shall appoint 3. That during the same space of 10. years the said Lords and Commons may by Bill or Ordinance raise and dispose of what moneyes and for what forces they shall from time to time find necessary as also for the publick debts and dammages 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 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 or publick trust in the Common wealth during the said space of five years without consent of Parliament or of the Councell of State or to sit as members or assistants of either Houses of Parliament untill the second Bienniall Parliament be past III. For the present form 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 the Vice-Admiral rear Admiral 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 services of the Kingdome and that there be a sufficient provision and establishment for the pay and maintainance thereof 2. That there be a Generall for the Command of the land forces that are to be in pay both in England Ireland and Wales both for the Field and Garrison 3. That there be Commissioners in 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 three 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 privie Councell for and in all forreign negotiations provided that the making of warre or peace with any other Kingdome or State shall not be without advise 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 7. years 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 the first Bienniall Parliament IV. That an Act be passed for the disposing of the great Offices for 10. 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 10. 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 Peeres made
since the 21. of May 1643. or to be hereafter made from having power to sit or vote in Parliament without consent of both Houses VI That an Act be passed for recalling and making void 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 Indemnity may be confirmed 7. That an Act be passed for making void all grants c. under the great Seal that was conveyed away from the Parliament since it was so conveyed away except as in the Parliaments proposition and for making those valid that have been or shall be passed under the great seal made by the authority of both Houses of Parliament VIII That an Act be passed for the Confirmation of the treaty between the two Kingdomes of England and Scotland and for appointing conservatours of the Peace betwixt them 9. 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 voyd 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 or jurisdiction of Bishops and all other Ecclesiastiall Officers whatsoever extending to any civil penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiasticall censure to proceed ex Officio unto any civil penalty against persons so censured XII That there be a repeal of all Acts or Clauses in any Acts enjoyning the use of the Book of Common Prayer and imposing any penalties for the neglect thereof As also of all Acts or Clauses in any Act imposing any penalty for not coming 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 or 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 enforced upon any nor any penalties imposed upon the refusers whereby men might be constrained to take it against their judgements and consciences but all Orders or Ordinances tending to that purpose to be repeald XIV That the things here before proposed being provided for settling or 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 Regall power then according to the particulars aforegoing XV For the matter of Compositions First that a lesse number out of the persons excepted out of the two first qualifications not exceeding five for the English being nominated particularly by the Parliament who together with persons in the Irish Rebellion included in the third qualification may be reserved to the further judgement of the Parliament as they shall find cause All other excepted persons may be remitted from the Exception and admitted to Composition Secondly that the rates for all future Compositions may be lessened and limited not to exceed the severall proportions hereafter expressed 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 of the Proposition 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 10 qualification an eighth 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 hundred pounds in land or goods be at liberty and discharged And that the Kings meniall servants that never took up arms but onely 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 5. 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 be continued under exception as before be from henceforth suspended and detained in the hands of the respective Tenants Occupants and others from whom they are due for the space of six moneths following 6. That the Faith of the Army and other Forces of Parliament given in Articles upon surrenders to any of the Kings party may be fully made good and where any breach thereof shall appear to have been made full reparation and satisfaction may be given to the persons injured and that the persons offending being found out may be compelled thereto 7. 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 aforegoing concerning security And whereas there hath been of late strong endeavours and practices of a factious and desperate Party to embroil this Kingdome in a new Warre And for that purpose to induce the King the Queen the Prince to declare for the said Party And also to excite and stir up all those of the Kings late Party to appear and engage for the same which attempts and designs many of the Kings Party out of their desires to avoid further misery to the Kingdome have contributed their endeavours to prevent as for diverse of them we have had particular assurance We do therefore desire that such of the Kings Party who shall appear to have expressed and shall hereafter expresse that way their good affections to the Peace and welfare of the Kingdome and to hinder the imbroiling of the same in a new Warre may be freed and exempted from Compositions or to pay but one years Revenue or a twentieth part These Particulars aforegoing are the Heads of such Proposalls as we have agreed on to tender in