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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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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
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 Representations and Papers appointed to be treated on Printed at CAMBRIDGE Anno Dom. 1647. A Declaration from his Excellencie Sir Thomas Fairfax and his Councel of Warre Concerning the proposals of the Army for settling of a Peace and the grounds of publishing the heads thereof SInce our drawing back to Reading we have applied our selves with all diligence to frame and hasten an entire body of all the particular Proposals which we 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 securing of the common rights and liberties and a present settling 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 preparations of the Committee of Militia and others in and about the city of London and elsewhere tending to a new warre have occasioned to the diverting or retarding of our proceedings therein yet we have made a progresse as speedy as the nature and weight of such a work would admit and having finished the same we have delivered in an abstract of the heads thereof unto the said Commissioners of Parliament to be treated upon But the late pernicious engagement set on foot in the City and much more that prodigious violence done to both Houses of Parliament on Monday last having wholy taken us off for present and rendred all proceeding in the way of Treaty thereupon merely vain and hopelesse untill it shall please God the Parliament be righted and vindicated against that violation done to it and restored to a condition of freedome so as unquestioned Members of it may repair together with safety and proceed according to their just freedome We have thought good in the mean time to make this publick tender of the heads of the said Proposals 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 we have sincerely studied that a present Peace might be settled which same thing with and after such vindication of the Parliament as may again render it into a capacity to establish the same we shall still faithfully endeavour to the utmost of our power and accordingly shall expect the chearfull and hearty concurrence of all those who are or shall be satisfied concerning the integrity of our intentions to the peace and welfare of the Kingdome in these our proposals or who shall for the main desire or approve of the same things with us in order to a settlement And to these Proposals which we here first tender as necessary to a peace and upon which we desire the seal of Peace in the restitution of his Majesty and others to their rights and in an Act of oblivion to be past we cannot but adde the further expression of our desires in some other particulars which though not so essentiall to peace as necessary to precede to the settling of it yet being matters of very publick and most of them of generall grievance to the Kingdome which we every where find the outcryes of and being contained in or pursuant of the same things expressed in our former Representation and papers We 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 a present settling of Peace be not delayed thereby Colebrook AUGUST 2. 1647. By the appointment of his Excellency Sir Thomas Fairfax and the Councel of Warre Signed Jo. Rushworth The Heads of the Proposals agreed upon By his Excellency Sir THOMAS FAIRFAX and the Councell 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 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 Representations and Papers appointed to be treated upon I. 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 yeare at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late act was made for the Trienniall Parliaments And what further or other provision shall be found need full 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 sit an hundred and twenty dayes certain unlesse adjourned or dissolved sooner by their own consent afterwards to be adjournable or dissolvable 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 advise of the Councell of State in the intervalls betwixt Bienniall Parliaments to call a Parliament extraordinary provided it meet above 70. dayes before the next Bienniall day and be dissolved at least 60. dayes before the same so as the course of Bienniall elections may never be interrupted 4. That this Parliament and each succeeding Bienniall Parliament at or before the adjournment or dissolution thereof may appoint Committees to continue during the intervalls for such purposes as are in any of these proposalls referred unto such Committees 5. That the Elections of the Commons for the 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 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
order to the settling the Peace of this Kingdome leaving the tearms of Peace for the Kingdome of Scotland to stand as in the late Propositions of both Kingdomes untill that Kingdome shall agree to any alteration Next to the Proposall aforesaid for the present settling of a Peace We shall desire that no time may be lost by the Parliament for the dispatch of other things tending to the welfare case and just satisfaction of the Kingdomes and in speciall manner I. That the just and necessary liberty of the People to represent their grievances and desires by way of Petition may be cleared and vindicated according to the fifth head in the late Representation or Declaration of the Army sent from Saint Albons II. That in pursuance of the same Head in the said Declaration the common grievances of the People may be speedily considered of and effectually redressed and in particular 1. That the Excise may be taken off from such Commodities whereof the poore People of the Land do ordinarily live and a certain time to be limited for taking off the whole 2. That the oppressions and encroachments of Forrest Laws may be prevented for future 3. All Monopolies Old or New and restraints to the freedome of Trade be taken off 4. That a course may be taken and Commissioners appointed to remedy and certifie the inequality of Rates lying upon severall Counties and severall parts of each County in respect of others and to settle the proportion for Land Rates to more equality throughout the Kingdome In order to which we shall offer some further particulars which we hope may be usefull 5. The present unequall troublesome and contentious way of Ministers maintenance by Tythes to be considered of and some remedy applied 6. That the Rules and course of Law and the Officers of it may be so reduced and reformed as that all Suits and Questions of Rights may be more clear and certain 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 debt or other debtours who have estates to discharge them may not by embracing Imprisonment or any other wayes have advantage to defraud their Creditors but that the Estates of all men may be some way made liable to their debts as well as Tradesmens are by Commission of Bankrupt whether they be imprisoned or not and that such prisoners for debt who have not wherewith to pay or at least do yield up what they have to their Creditours may be freed from imprisonment or some way provided for so as neither they nor their Families may perish by their imprisonment 8. Some provision to be made that none may be compelled by penalties or otherwise to answer unto Questions tending to the accusing of themselves or their nearest relations in Criminall causes and no mans life to be taken away under two witnesses 9. That consideration may be had of all Statutes and Lawes or Customes or Courts or Actions imposing any Oaths either to repeale or else to qualifie and provide against the same so far as they may extend or be construed to the molestation or ensnaring of Religious and peaceable People merely for non-conformity in Religion III. That according to the sixth Head in the said Declaration of the Army the large powers given to Committees or Deputy Lievetenants during the late times of Warre and distraction may be speedily taken into consideration to be recalled and made void and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way and left to as little Arbitrarinesse as the nature and necessitie of the things wherein they are conversant will bear 4. That according to the seaventh Head in the said Declaration an effectuall course may be taken that the Kingdome may be righted and satisfied in point of Accounts for the vast summes that have been levied 5. That provision may be made for payment of Arrears to the Army and the rest of the Souldierie of the Kingdome who have concurred with the Armie in the late desires and proceedings thereof And in the next place for payment of the Publick Debts and Dammages of the Kingdome and that to be performed first to such Persons whose Debts or Dammages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In Order to which and to the fourth Particular last preceding we shall speedily offer some further Particulars in the nature of Rules which we hope will be of good use towards Publick satisfaction August 1. 1647. Signed by the appointment of his Excellencie Sir THOMAS FAIRFAX and the Councell of Warre John Rushworth Secretary I do appoint this to be forthwith Printed and published at Cambridge Colebrook Aug. 2. 1647. T. FAIRFAX