A DECLARATION FROM HIS EXCELLENCY Sr. Thomas Fairfax, And his Council of War. Concerning their proceeding 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 upon. LONDON; Printed by Matthew Simmons. 1647. A Declaration FROM HIS EXCELLENCY S it THO: 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 the 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 proceeding 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, ●n 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 into a Condition of freedom, so as the 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 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, a● may again render it into a capacity to establish the same,) we shall still faithfully endeavour to the utmost of our powers, 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 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 necessarily to precede the settling of it, yet) being matters of very public, and (most of them) of general grievance to the Kingdom (which we every where find the Outcries of,) and being contained in, or pursuance of the same things expressed in our former Representations, 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 the present settling of peace be not delayed thereby. Signed by the Appointment of his EXCELLENCY Sir THO: FAIRFAX, and the Council of War. Jo: Rushworth, Secretary. Colebrook August 2. 1647. The Heads of the PROPOSALS agreed upon by his Excie Sir THO: FAIRFAX, and the Council of the Army, to be tendered 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 Kingdom, and the settling 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 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 Biennially be called, and meet at a certain day, with such provision for the certainty thereof, as in the late Act was made for Triennial Parliaments, and what further or other provision shall be found needful 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 biennial Parliament to fit 120. days certain (unless adjourned, or dissolved sooner by their own consent) afterwards to be adjournable or dissolveable 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 Bienniall-Parliaments, to call a Parliament extraordinary, provided it meet above seventy days before the next biennial day, and be dissolved at least sixty days 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 adjournment, or dissolution thereof, may appoint Committees to continue during the interval, for such purposes as are in any of these Proposals referred to such Committees. 5. That the Elections of the Commons for 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, 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 thereunto, 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 for great Counties, that have now less than their due proportion, to bring all (at present) as near as may be, to such a 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 preceding 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 Right and liberty 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 then by their equals, or according to the Law of the Land. 11 The same Act to provide, that grand Jurymen 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 Jurymen 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 need for any to be added to the Commission, and at the summer Assize to present the names of three persons out of whom the King may prick one to be Sheriff for the next year. II. For the future security to Parliaments and the Militia in general 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 year's next ensuing shall be ordered and disposed by the Lords and Commons Assembled, and to be 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 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 Comm●● of such Committees, or Council in the intervals of Parliament as they shall appoint. 3 That during the same space of ten years, the said Lords and Commons way 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 payment of 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 way 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 suffice of power or public trust in the Commonwealth during the space of five years without consent of Parliament or of the Council of State, or to sit as Members or assistants of either House of Parliament until the second Biennial Parliament be past. III. For the present form of disposing the Militia in order to the ●●●cē and safety of this Kingdom and the service of Ireland. 1 That there be Commissioners for the admiralty with a Vice-admiral and 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 service of the Kingdom. And that there be a sufficient provision and establishment for pay and maintenance thereof. 2 That there be a General for command of the Land Forces that are to be in pay both in England, Ireland, and Wales, both for Field and Garrison. 3 That there be Commissioners in the 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 disciplyning of them. 4 That there be a Council of State with power to superintend and direct the 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 ●he 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 seven 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 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 intervals, (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 〈◊〉, from having any 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 proceed 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. VII. That an Act be passed for making void all Grants, etc. under the Great Seal, that was conveyed away from the Parliament, since the time that it was so conveyed away (except as in the Parliaments Propositions) and for making those madid that have been or shall be passed under the ●●eat Seal made by the authority of both Houses of Parliament VIII. 〈◊〉 an Act be passed for ●●●●●●mation of the Treaties between the two Kingdom's 〈◊〉 and Scotland, and for appointing Conservators of the peace betwixt them. IX. That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament; Provided his Majesty's Revenue be 〈◊〉 damnified therein, nor those that last held Offices in the 〈…〉 without reparation some other way. X. An Act to declare void the C●●ation of Ireland, etc. and to leave the prosecution of that War●● to the Lords and Commons in the Parliament of England. XI An Act to be 〈◊〉 to take a●y all 〈…〉 power, authority and jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever, extending to any Civil penalties upon any; and to repeal 〈◊〉 Laws, whereby the Civil Magistracy hath been or is boun● upon any Ecclesiastical censure to proceed (ex officio) unto any civil penalties against any persons to censured. XII. That there be a repeal of all Acts, or C●●sses in any Act, enjoining the use of the Book of Common Prayer, and imposing any penalties, for 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, and 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, or consciences, but all Orders or Ordinances tending to that purpose to be repealed. XIV. That (the things here before proposed, being provided, for settling and 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 the Regal power then according to the particulars aforegoing. XV. For the matter of Compositions. 1. That a less number out of the persons excepted in the t●● first qualifications, (not exceeding five for the English,) being nominated particularly by the Parliament, who (together with the persons in the Irish Rebellion, included in the third qualification,) ●●y 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. 2. 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 p●r souls formerly excepted, not above 〈◊〉 part. 2. For the ●a●e Members of Parliament, under the first branch of the fourth qualification in the Proposition, a fourth part. 3, For other Members of Parliament, in the second and 〈◊〉 branches of the same qualification, a sixth part. 4. For the persons nominated in the said fourth qualification, and those included in the tenth qualification, an eight part. 5. For all others in 〈◊〉 the s●●th qualification, a tenth part. And that real Debts, either upon Record, or proved by witnesses, be considered and abated in the 〈…〉 their estates in all the cases aforesaid. 3. That those who shall hereafter 〈…〉 compound, 〈◊〉 not ●●ve the Covenant 〈…〉 without which 〈◊〉 not compound, but in case they shall 〈◊〉 willingly take it, they may pass their Compositions without 〈◊〉. 4. That the persons and 〈◊〉 of all English, not 〈◊〉 two hundred pounds in La●● o● Goods, ●e at liberty and discharged: And that the King's 〈◊〉 Servants that 〈◊〉 took 〈◊〉 Alms, his ●●●ly attended his Person according to 〈◊〉 Office● may be fr●ed from Composition, or to pay (at most) but the proportion of one ●●●ges 〈…〉. 5. That is Order ●o the making and perf●cti●●●f Compositions 〈…〉 aforesaid, 〈…〉 Profit of all sequestered 〈…〉 the Estates of such person wh● shall be 〈…〉) ●ee from henceforth suspended and 〈◊〉 the hand● of the ●●spective tenants, occupants, and other● from them they are due, for the space of 〈…〉 following. 6. That the Faith 〈…〉 ●●●lia●●nt, 〈…〉 to have been made, full reparation and satisfaction may 〈◊〉 to the 〈…〉, and the persons 〈…〉 may be 〈…〉. XV. Th●● 〈…〉 to extend unto all (except 〈…〉 ●●ception as before) 〈…〉 ●●anour●, etc. 〈…〉 from all trouble or prejudice for 〈…〉 their compositions passed) and to restore them to all pri●iledges &c. belonging to other Subjects, provided as in the 〈◊〉 particular under the second general head ●for● 〈…〉 security. And whereas there have been of late strong endeavours and practices of a factious and desperate party, to embroil this Kingdom in a new war, ●●d for that purpose to induce the King the Queen, and 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 m●s●ry 〈◊〉 the kingdom,) have contributed their in devours to prevent, (as for divers of them we have had particular assurance,) we do therefore desire, that such of the King's party who shall appear to have ●●pressed, and shall 〈◊〉 express that way their good affections to the pence and welfare of the Kingdoms, and to hinder the a broiling of the some in a new war, may be freed and co●●●pted from compositions, 〈◊〉 to pay but one years Rev●●● o● a twen●●●●● part. These particulars aforegoing are the 〈…〉 proposal as we have agreed 〈◊〉 to ●●●d in order 〈…〉 of the peace of 〈…〉 leaving the Terms or 〈…〉 the Kingdom of Scot●●●● to stand as in the proposition of both Kingdoms until that Kingdom shall agree to any o●●●●tion. Next to the proposals aforesaid for the pre●●●● 〈◊〉 of a p●●ce, we shall desire, than 〈…〉 may be lo●● by the Par●●●●ent for dispa●●● of other things tending to the 〈◊〉, 〈◊〉 and just in 〈◊〉 of the Kingdom, and 〈…〉. T●●● 〈◊〉 just and necess●●y liberty of the p●op●● to 〈◊〉 their grievances and desires by way of Petition, may be 〈…〉 〈…〉 or Declaration of the Army sent from S●. Alban. ●. (Th●● 〈…〉) the common grieva●●● by the people, may be speedily con●●●●● of, and effectually red●ssed, and in particular. ●. Th●● the Excise ●ay be taken off from such Commodities 〈…〉 people of the ●and do ordinarily free and a certain 〈…〉 for taking off the whole. 2. That the oppressions and encroachments of ●ound Laws may be prevented for future. 3. All Monopolies (old or ne●) and restrains to the freedom of trade to 〈…〉. 4. That 〈…〉 to remedy and rectify the 〈…〉 ●●ties, and several parts of each County, in respect of others, and to settle the proportions for L●●●●● are to more equally throughout the Kingdom, in order to which we shall offer some further particular●, which we hope m●y be useful. 5. The present unequal troublesome and contention's way of Ministers maintenance by T●t●●●, to be considered of, and some remedy applied. 6. That the rules and course of 〈◊〉, and the affirm of is, ●ay be so reduced and reform, as that all 〈◊〉 and questions 〈◊〉 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 〈…〉 have Estates to disc●●●● go them may not 〈…〉 other ways 〈…〉 but that the Estates of all 〈◊〉 may be some 〈◊〉 mo●e liable to their Debts, (as well as Tradesmen are by Commissions of Bankrupt) whether they be imprisoned for it, or 〈◊〉. And thee such prisoners for Debt, who have not 〈…〉 have to their Creditor's, may b● 〈…〉 imprisonment, or some may provided for, so as neither they or the●● Families ●ay perish by their imprisonments. 8. 〈…〉 to the 〈…〉 of themselves, or their nearest Relations i● criminal causes, 〈…〉 no man's life take taken away under 〈◊〉 witnesses. 9 That 〈…〉 or 〈…〉, or else to qualify and pr●●●●●e against 〈…〉 extend 〈…〉 or ensnaring of religious and peaceable people, merely for nonconformity in Religion. 3. That according to the sixth Head in the Declaration of the Army, the large powers given to Committees or Deputy Lieutenants during the late times of war and distraction, may be speedily taken into confu●●●tion, to be recalled ●●d made void and th●● such powers of that nature as shall appears 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 sai●● Declaration an effectual course may be taken, t●●● 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 Soldiers of the kingdom, who have concurred with the Ar●●●● in the late desires and proceed thereof: And in the near place, for payments of the public debts and damages of the kingdom, and that to be performed, first to such persons whose debts or damages 〈…〉 the public Account are great, and their estates shall so as they are thereby reduced to a difficulty of subsistence; In order to all which, and to the fourth particular last proceeding, we shall speedily offer see●●● further 〈…〉 th● nature of rule 〈…〉 hope will be of good 〈◊〉 towards public 〈…〉 ●●on. Signed by the 〈…〉 Fair●ax, and the 〈◊〉 of War. Jo. Rushworth, Secre●. August 1. 1647. FINIS,