A DECLARATION From his excellency Sir THOMAS FAIRFAX, and his council of war: Concerning their proceedings in the proposals prepared and agreed on by the council of the Army, to be tendered 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 proposals, 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 kingdom, 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 excellency Sir Thomas Fairfax, and his council of war: 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 ourselves 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 general desires expressed in our former Declarations, and Papers, for securing of the common rights and liberties, and a present settling of the peace of the kingdom. In which business (notwithstanding the many interruptions and disturbances, with daily advertisements of the indirect and treacherous practices and preparations of the Committee of Militia, and others, in and about the city of London, and elsewhere, tending to a new war, have occasioned to the diverting or retarding of our proceedings therein, yet) we have made a progress, 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 wholly taken us off for present, and rendered all proceeding in the way of Treaty thereupon, merely vain and hopeless, until it shall please God the Parliament be righted and vindicated against that violation done to it, and restored to a condition of freedom, so as unquestioned Members of it may repair together, with safety, and proceed according to their just freedom. We have thought good in the mean time, to make this public tender of the heads of the said Proposals to the consideration of the whole kingdom, wherein though all circumstances requisite to be determined in an actual 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 bottom 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 cheerful 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 kingdom 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 add the further expression of our desires in some other particulars, which (though not so essential to peace, as necessary to precede to the settling of it, yet) being matters of very public, and (most of them) of general grievance to the kingdom (which we everywhere find the outcries 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 council of war. Signed, Jo. Rushworth. The Heads of the Proposals, agreed upon By his Excellency Sir THOMAS FAIRFAX and the council of the Army, To be tendered 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 kingdom 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 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 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 triennial 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 triennial Parliaments to be repealed. 2. Each biennial Parliament to sit an hundred and twenty days certain (Unless adjourned or dissolved sooner by their own consent) afterwards to be adjournable or dissolvable by the King, and no Parliament to sit past 240. days from their first meeting, or some other limited number of days 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 council of State, in the intervals betwixt biennial Parliaments, to call a Parliament extraordinary, provided it meet above 70. days before the next biennial day, and be dissolved at least 60. days before the same, so as the course of biennial elections may never be interrupted. 4. That this Parliament and each succeeding biennial Parliament at or before the adjournment or dissolution thereof may appoint Committees to continue during the intervals for such purposes as are in any of these proposals 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 kingdom, 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 kingdom, or according to some other rule of equality or proportion, to render the house of Commons (as near as may be) an equal representative of the whole: And in order thereto, that a present consideration be had to take off the elections of Burgesses for poor decayed or inconsiderable Towns, and to give some present addition to the number of Parliament members of great Counties that have now less than their due proportion, to bring all (at present) as near as may be to such rule of proportion as aforesaid. 6. That effectual provision be made for future freedom 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, freedom in the Election, order in the proceeding thereto, and certainty in the returns; which orders and rules (in that case) to be as laws. 8. That there be a Liberty for entering dissents in the house of Commons, with provision that no member be censurable for aught said or voted in the House further than to exclusion from that trust and that only by the Judgement of the house itself. 9 That the judicial power or power of final 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 advice 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, trial, 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 than by their equals, or according to the Law of the Land. 11. The same act to provide that Grand-jury men may be chosen by and for several parts or divisions of each County respectively in some equal 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 country 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 general, 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 King's 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 Commons or of such Committee or council in the intervals 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 moneys and for what forces they shall from time to time find necessary, as also for the public debts and damages, and for all other the public uses of the kingdom. 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 war shall be capable of bearing any office of Power or public trust in the Common wealth, during the said space of five years without consent of Parliament or of the council of State, or to sit as members or assistants of either Houses of Parliament, until the second Bienniall Parliament be past. III. For the present form of disposing the Militia in order to the peace and safety of this kingdom 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 kingdom, and that there be a sufficient provision and establishment for the pay and maintenance thereof. 2. That there be a general 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 several 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 council of State, with power to superintend and direct the three several and particular powers of the Militia last mentioned, for the peace and safety of this kingdom and of Ireland. 5. That the same council may have power as the King's privy council for and in all foreign negotiations, provided that the making of war or peace with any other kingdom or State shall not be without advice and consent of Parliament. 6. That the said power of the council 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 term 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 until two months after the meeting of the first biennial 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 intervals (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 peers 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 war, 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 kingdoms of England and Scotland, and for appointing conservators 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 majesty's 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 void the cessation 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 passed to take away all coercive power, Authority, or jurisdiction of Bishops, and all other ecclesiastial 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 ecclesiastical 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, enjoining 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 Jesuits, 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 repealed. XIV. That (the things here before proposed, being provided for settling, or securing the Rights, Liberties, Peace, and safety of the kingdom) his majesty's person, his Queen and royal issue, may be restored to a condition of safety, honour, and freedom in this Nation, without diminution to their personal Rights, or further limitation to the exercise of regal power, then according to the particulars aforegoing. XV. For the matter of Compositions: First that a less 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 several 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 real 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 pass 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 King's menial servants, that never took up arms, but only 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 sequestered 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 months following. 6. That the Faith of the Army, and other Forces of Parliament given in Articles upon surrenders to any of the King's 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 general 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 war; and from all trouble or prejudice, for or concerning the same, [after their Compositions past] and to restore them to all privileges, &c. belonging to other Subjects, provided as in the fourth particular under the second general Head aforegoing, concerning security. And whereas there hath been of late strong endeavours and practices of a factious and desperate Party to embroil this kingdom in a new war. 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 King's late Party, to appear and engage for the same: which attempts and designs, many of the King's Party (out of their desires to avoid further misery to the kingdom) have contributed their endeavours to prevent: [as for diverse of them we have had particular assurance.] We do therefore desire, that such of the King's Party, who shall appear to have expressed, and shall hereafter express that way, their good affections to the Peace and welfare of the kingdom, and to hinder the imbroiling of the same in a new war, 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 proposals as we have agreed on, to tender in order to the settling the Peace of this kingdom, leaving the terms of Peace for the kingdom of Scotland, to stand as in the late Propositions of both kingdoms, until that kingdom shall agree to any alteration. Next to the proposal 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 kingdoms, and in special 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 Albon. 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 poor 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 forest Laws, may be prevented for future. 3. All Monopolies (Old or New) and restraints to the freedom of Trade, be taken off. 4. That a course may be taken and Commissioners appointed to remedy and certify the inequality of Rates, lying upon several Counties, and several parts of each County, in respect of others, and to settle the proportion for Land, Rates to more equality throughout the kingdom: In order to which, we shall offer some further particulars which we hope may be useful. 5. The present unequal troublesome and contentious way of Ministers maintenance by tithes 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 debtors (who have estates to discharge them) may not by embracing Imprisonment, or any other ways, 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 tradesmen's 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 creditors, 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 criminal causes, and no man's life to be taken away under two witnesses. 9 That consideration may be had of all Statutes and laws, or customs, or Courts, or Actions, imposing any Oaths, either to repeal or else to qualify 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 nonconformity in Religion. III. That (according to the sixth Head in the said Declaration of the Army) the large powers given to Committees or Deputy lieutenant's, during the late times of war 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 arbitrariness, as the nature and necessity of the things wherein they are conversant will bear. 4. That (according to the seventh Head in the said Declaration) an effectual course may be taken, that the kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied. 5. That provision may be made for payment of Arrears to the Army, and the rest of the soldiery of the kingdom, who have concurred with the army in the late desires and proceedings thereof. And in the next place for payment of the public Debts, and damages of the kingdom, and that to be performed first to such Persons, whose Debts or damages (upon the public 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 public satisfaction. August 1. 1647. Signed by the appointment of his excellency Sir THOMAS FAIRFAX, and the council of war. John Rushworth Secretary. I do appoint this to be forthwith Printed and published at Cambridge. Colebrook, Aug. 2. 1647. T. FAIRFAX.