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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 〈◊〉
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 LONDON Printed by Matthew Simmons 1647. A Declaration FROM HIS EXCELLENCY S ir THO FAIRFAX And his Councell of Warre Concerning the Proposalls of the Army for setling of a peace and the grounds of publishing the Heads thereof SInce our drawing back to Reading wee have applyed our selves with all diligence to frame and hasten an intire body of all the particular Proposalls which wee 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 the securing of the Common Rights and Liberties and a present setling 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 Citie of London and elsewhere tending to a new Warre have occasioned to the diverting or retarding of our proceeding therein yet wee have made a progresse as speedy as the nature and weight of such a worke would admit and having finished the same wee have delivered in ●n abstract of the Heads thereof unto the said Commissioners of Parliament to be treated upon But the late pernicious Engagement set on foote in the Citie and much more that prodigious violence done to both Houses of Parliament on Munday last having wholly taken us off for present and rendred all proceeding in the way of Treatie thereupon meerly vaine and hopelesse untill it shall please God the Parliament be righted and vindicated against that violation done to it and restored into a Condition of freedome so as the unquestioned Members of it may repaire together with safetie and proceed according to their just freedome Wee have thought good in the meane time to make this publique tender of the Heads of the Proposalls 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 wee have sincerely studied that a present peace might be setled which same thing with and after such vindication of the Parliament a● may againe render it into a capacitie to establish the same wee shall still faithfully endeavour to the utmost of our powers and accordingly shall expect the chearfull and heartie concurrence of all those who are or shall be satisfied concerning the integritie of our intentions to the peace and welfare of the Kingdome in these Proposalls or who shall for the maine desire or approve of the same things with us in order to a settlement And to these Proposalls which wee here first tender as necessary to a Peace and upon which wee desire the seale of peace in the restitution of his Majesty and others to their Rights and in an Act of Oblivion to be past wee cannot but adde the further expression of our desires in some other particulars which though not so essentiall to peace as necessarily to precede the setling of it yet being matters of very publique and most of them of generall grievance to the Kingdome which wee every where finde the Out-cryes of and being contained in or pursuance of the same things expressed in our former Representations and Papers Wee 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 the present setling of peace be not delayed thereby Signed by the Appointment of his EXCELLENCY Sir THO FAIRFAX and the Councell of Warre Jo Rushworth Secretary Colebrooke August 2. 1647. The Heads of the PROPOSALLS agreed upon by his Ex cie Sir THO FAIRFAX and the Councell of the Army to be tendred to the Commissioners of Parliament residing with 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 setling 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 comprized in or necessary pursuance of their former Representations and Papers appointed to be Treated upon 1. 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 year 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 B●ennially be called and meet at a certaine day with such provision for the certainty thereof as in the late Act was made for Trienniall Parliaments and what further or other provision shall be found needfull 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 fit 120. dayes certaine unlesse adjourned or dissolved sooner by their own consent afterwards to be adjournable or dissolveable 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 advice of the Councell of State in the intervalls bewixt Bienniall-Parliaments to call a 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 refe●r'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other