A DECLARATION, OR, REPRESENTATION From His Excellency, Sir Thomas Fairfax, And the Army under his command, Humbly tendered to the Parliament, Concerning the just and Fundamental Rights and Liberties of themselves and the Kingdom.  
WITH Some humble Proposals and Desires.  

JUNE 14. 1647.  
By the appointment of his Excellency Sir THOMAS FAIRFAX, with the Officers and Soldiers of his Army.  
Signed John Rushworth, Secretary.   
LONDON, Printed for George Whittington at the Blue Anchor in Corn hill, near the Exchange. 1647.   

A Declaration, or Representation from his Excellency, Sir Tho. Fairfax, and of the Army under his Command, Humbly tendered to the PARLIAMENT.  
THAT we may no longer be the dis-satisfaction of our friends, the subject of our enemy's malice (to work jealousies and misrepresentations upon) and the suspicion (if not astonishment) of many in the Kingdom, in our late or present transactions and conduct of business; we shall in all faithfulness and clearness profess, and declare unto you, those things which have of late protracted and hindered our disbanding, the present grievances which possess our Army, and are yet unremedied, with our desires, as to the complete settlement of the liberties, and peace of the kingdom; which is that blessing of God, than which (of all worldly things) nothing is more dear unto us, or more precious in our thoughts, we having hitherto thought all our present enjoyments (whether of life or livelihood, or nearest relations) a price but sufficient to the purchase of so rich a blessing; that we, and all the freeborn people of this Nation, may sit down in quiet under our Vines, under the glorious administration of Justice, and righteousness, and in the full possession of those Fundamental Rights and Liberties, without which we can have little hopes (as to humane considerations) to enjoy either any comforts of life, or so much as life itself, but at the pleasures of some men, ruling merely according to will and power.  
It cannot be unknown what hath passed betwixt the Parliament and the Army, as to the service of Ireland. By all which, together with the late proceed against the Army, in relation to their petition and grievances; all men may judge what hath hindered the Army from a ready engagement in that service; and (without further account or Apology, as to that particular, than what passages and proceed themselves (already made public,) do afford; we do appeal to yourselves, whether those courses, to which the Parliament hath (by the designs and practices of some) been drawn, have rationally tended to induce a cheerful and unanimous undertaking of the Army to that service, or rather to break and pull the Army in pieces with discontent and dishonour, and to put such disobligations and provocations upon it, as might drive it into distemper, and indeed discourage both this Army and other Soldiers from any further engagement in the Parliaments service. And we wish all men would (with us) upon the whole carriage, seriously consider, whether (in the intentions of those who have by false informations, and misrepresentations put the Parliament upon such ways) the timely and effectual relief of Ireland, seem really to have been intended, or rather (with the breaking, or disbanding of this Army) to draw together, or raise such other forces, and of such a temper as might serve to some desperate and destructive designs in England. For which, (besides the probable suspicions from their carriage of the business) we have beforehand, in the transaction thereof, had more than hints of such a design, by clear expressions to that purpose, from many of the Officers of the Army, that have been persuaded, and appeared most forward, to engage as for Ireland, on the terms proposed. And, that such a design hath all along been driven, seems now too evident, by the present disposing of those Forces that have been engaged for Ireland by the endeavours of some, to gain a power from the Parliament of ordering those Forces for some service in England; and by the private listings of men for service there, without any public authority of Parliament. And (all this) by the same persons, who have all along, appeared most active, and violent in the late proceed against the Army.  
As to the full discontents and dis-satisfactions of the Army, in relation to their grievances, and their noncompliance to the late orders for sudden disbanding by piecemeal (before more full and equal satisfaction were given to the whole) we desire you to look back to the Papers already published, of the grievances themselves, the Narrative of the Officers, and the late Papers from the general Council of War at Bury, and late general Randezvouz near Newmarket: and (we think) your late resuming the consideration of their things (as to a further satisfaction) doth much justify the desires and proceed of the Army, in the past particulars, hitherto.  
And though (had we (upon our first addresses) for our undoubted Rights and Deuce) bound or free, and candid reception, with a just consideration, and a reasonable satisfaction, or at least a free answer therein, we should have been easily persuaded to have abated or forborn much of our Deuce, and not to have enquired into, or considered (so fare as we have) either the possibilities there are for more present satisfaction of Arrears, or the credit of future securities proposed; yet since upon these former addresses, we have found such hard dealing, as in the said Papers is set forth, and those additional (though hitherto but partial) satisfactions, coming so hardly as they have, we find no obliging reasons in the least, to decline or recede from what is our due; but rather still to adhere unto our desires of full and equal satisfaction, in all the things mentioned in the aforesaid Papers, not only in behalf of ourselves, and the Army, but also the whole Soldiery throughout the whole Kingdom, who have concurred, or shall concur with us in the same desires.  
And to all our former desires, as Soldiers, we cannot but add this (wherein we find ourselves so nearly concerned in point of Justice and Reputation) that more care, and a stricter course may be taken for making good all Articles granted upon Surrenders, according to the true intent and meaning of them. As also for Remedy and Reparation in case of any breach; (and this) without those delays which divers have found, as prejudicial to them or more, then if they had been totally denied the performance of them.  
Nor will it now (we hope) seem strange or unseasonable to rational and honest men, who consider the consequence of our present case, to their own, and the Kingdoms, (aswell as our) future concernments in point of right, freedom, peace, and safety, if (from a deep sense of the high consequence of our present case, both to ourselves (in future) and all other people) we shall, before disbanding, proceed, in our own and the Kingdom's behalf, to propound, and plead, for some provision, for our, and the Kingdom's satisfaction, and future security in relation to those things, especially considering, that we were not a mere mercenary Army, hired to serve any Arbitrary power of a State; but called forth and conjured, by the several Declarations of Parliament, to the defence of our own and the people's just rights, and liberties; And so we took up Arms, in judgement and conscience to those ends, and have so continued them, and are resolved according to your first just desires in your Declarations, and such principles as we have received from your frequent informations, and our own common sense concerning those our fundamental Rights and Liberties, to assert and vindicate, the just power, and Rights of this Kingdom in Parliament for those common ends premised, against all arbitrary power, violence and oppression, and against all particular parties, or interests whatsoever. The said Declarations still directing us to the epuitable sense of all Laws and constitutions as dispencing with the very Letter of the same, and being supreme to it, when the safety and preservation of all is concerned, and assuring us, that all authority is fundamentally seated, in the office, and but ministerially in the persons, neither do or will these our proceed (as we are fully and in conscience persuaded) amount to any thing, not warrantable before God and men, being thus far, much short of the common proceed in other Nations, to things of an higher nature than we have yet appeared to. And we cannot but be sensible of the great complaints, that have been made generally to us of the Kingdom, from the people where we march, of arbitrariness and injustice, to their great and insupportable oppressions.  
And truly such Kingdoms, as have according both to the law of Nature and Nations, appears to the vindication and defence, of their just rights and and liberties, have proceeded much higher; As our brethren of Scotland: who in the first beginning of these late differences, associated in Covenant, from the very same grounds and principles (having no vissible form, either of Parliament or King to countenance them) and as they were therein justified, and protected by their own, and this Kingdom also, so we justly shall expect to be.  
We need not mention the States of the Netherlands, the Portugals, and others, all proceeding upon the same Principles of right and freedom; And accordingly the Parliament hath declared it no resistance of Magistracy, to side with the just Principles, and law of Nature and Nations, being that Law upon which we have assisted you. And that the Soldiery may lawfully hold the hands of that General, who will turn his Cannon against his Army on purpose to destroy them; the Seamen the hands of that Pilot, who wilfully runs the Ship upon a Rock, (as our brethren of Scotland argued.) And such were the proceed of our Ancestors of famous memory, to the purchasing of such Rights and Liberties as they have enjoyed through the price of their blood; and we (both by that and the later blood of our dear friends and fellow-soldiers, with the hazard of our own) do now lay claim unto.  
Nor is that supreme end, (the glory of God) wanting in these cases, to set a price upon all such proceed of Righteousness and Justice, it being one witness of God in the World to carry on a Testimony against the Injustice and unrighteousness of men, and against the miscarriages of Govermnents, when corrupted or declining from their primitive or original glory.  
These things we mention, but to compare proceeding, and to show that we are so much the more justifiable, and warranted in what we do, by how much we come short of that height and measure of proceed, which the people in free Kingdoms and Nations have formrly practised.  
Now having thus fare cleared our way in this business, we shall proceed to propound such things as we do humbly desire for the settling and securing of our own and the Kingdom's common right, freedom, peace, and safety, as followeth.  
1. That the Houses may be speedily purged of such members, as for their Delinquency, or for Corruptions, or abuse to the State, or undue Elections, ought not to sit there: whereof the late elections in Cornwall, Wales and other parts of the Kingdom afford so many examples, to the great prejudice of the people's freedom in the said elections.  
2. That those persons, who have, in the unjust and high proceed against the Army, appeared to have the will, the confidence, credit, and power, to abuse the Parliament, and the Army, and endanger the Kingdom in carrying on such things against us (while an Army) may be some way speedily disabled from doing the like or worse to us (when disbanded, and dispersed, and in the condition of private men) or to other the freeborn people of England in the same condition with us, and that for that purpose, the same persons may not continue in the same power (especially as our and the Kingdoms Judges in the highest trust) but may be made incapable thereof for future,  
And if it be questioned who these are, we thought not fit particularly to name them in this our representation unto you, but shall very speedily give in heir names; and before long shall offer what we have to say against them, to your Commissioners, wherein we hope so to carry ourselves, as that the world shall see we aim at nothing of private revenge, as animossities, but that justice may have a free course and the Kingdom: be eased, and secucured by disinabling such men (at least) from places of Judicature who desiring to advantage, and set up themselves, and their party in a general confusion have endeavoured to put the Kingdom into a new flame of war, than which nothing is more abhorrent to us.  
But because neither the granting of this alone, would be sufficient to secure our own, and the Kingdom's rights, liberties, and safety either for the present age or posterity, nor would our proposing of this singly be free from the scandal, and appearance of faction or design only to weaken one party, under the notion of unjust or oppressive) that we may advance another (which may be imagined more our own) we therefore declare.  
That indeed we cannot but wish, that such men, and such only, might be preferred to the great power and trust of the Commonwealth, as are approved, at least, for moral righteousness; And of such we cannot but in our wishes prefer those, that appear acted thereunto by a principle of Conscience and Religion in them. And accordingly we do and ever shall bless God for those many such Worthies, who, through his providence, have been chosen into this Parliament; And, to such men's endeavours (under God) we cannot but attribute that Vindication, (in part) of the people's Rights and Liberties, and those beginnings of a just Reformation, which the first proceed of this Parliament appeared to have driven at, and tended to, though of late obstructed, or rather diverted to other ends and interest by the prevailing of other persons of other principles and conditions.  
But yet we are so fare from designing, or complying to have an absolute or arbitrary power fixed or settled for continuance, in any persons whatsoever, as that, (if we might be sure to obtain it) we cannot wish to have it so in the persons of any, whom we could most confide in, or who should appear most of our own opinions or principles, or whom we might have most personal assurance of, or interest in, but we do, and shall much rather wish, that the Authority of this Kingdom in Parliaments (rightly constituted, that is, freely, equally and successively chosen, according to its original intention) may ever stand and have its course. And therefore we shall apply our desires, chief to such things, as (by having Parliaments settled in such a right Constitution) may give most hopes of Justice and Righteousness, to flow down, equally to all, in that its ancient Channel, without any Overtures, tending either to overthrow, that foundation of Order and Government in this Kingdom, or to engross that power for perpetuity into the hands of any particular persons, or party whatsoever.  
And for that purpose, though (as we have found it doubted by many men, minding sincerely the public good, but not weighing so fully all consequences of things) it may and is not unlike to prove, that, upon the ending of this Parliament, and the Election of New, the Constitution of succeeding Parliaments, (as to the persons Elected) may prove for the worse many ways; yet since neither in the present purging of this Parliament, nor in the Election of New, we cannot promise to ourselves, or the Kingdom, an assurance of Justice, or other positive good from the hands of men, but those who for present appear most righteous and most for common good (having an unlimited power fixed in them during life or pleasure) in time, may become corrupt, or settle into parties, or factions; or, on the other side, in case of new Elections, those that should so succeed, may prove as bad or worse than the former. We therefore humbly conceive, that, (of two inconveniences the less being to be chosen) the main thing to be intended in this case (and beyond which humane providence cannot reach, as to any assurance of positive good) seems to be this, viz. to provide, that however unjust or corrupt the persons of Parliament-men, in present or future, may prove; or whatever ill they may do to particular parties (or to the whole, in particular things,) during their respective terms, or periods, yet they shall not have the temptation or advantage of an unlimited power fixed in them during their own pleasures, whereby to perpetuate injustice and oppression upon any, (without end or remedy,) or to advance and uphold any one particular party, faction, or interest whatsoever, to the oppression or prejudice of the Community, and the enslaving of the Kingdom unto all posterity, but that the people may have an equal hope, or possibility, if they have made an ill choice at one time, to mend it in another; and the members of the House themselves may be in a capacity, to taste of subjection as well as rule, and may so be inclined to consider of other men's cases, as what may come to be their own. This we speak of, in relation to the House of Commons, as being entrusted, on the people's behalf, for their interest in that great and supreme power of the Commonwealth, (viz. the Legislative power, with the power of final judgement,) which being, in its own nature, so arbitrary, and in a manner unlimited (unless in point of time) is most unfit and dangerous (as to the people's interest) to be fixed in the persons of the same men during life, or their own pleasures. Neither, by the original Constitution of this State, was it, or ought it to continue so, nor does it (wherever it is, and continues so) render that State any better than a mere Tyranny) or the people subjected to it, any better than Vassals: But in all States, where there is any face of common freedom, and particularly in this State of England (as is most evident, both by many positive Laws, and ancient constant custom) the people have a right to new and successive Elections unto that great and supreme trust, at certain periods of time, which is so essential and fundamental to their freedom, as it is, cannot, or ought not, to be denied them, or withheld from them, and without which the House of Commons is of very little concernment to the interest of the Commons of England. Yet in this we would not be misunderstood, in the least, to blame those Worthies of both Houses, whose zeal to vindicate the Liberties of this Nation, did procure that Act for continuance of this Parliament; whereby it was secured from being dissolved at the King's pleasure, (as former Parliaments had been) or reduced to such a Certainty, as might enable them the better to assert and vindicate the Liberties of this Nation, (immediately before so highly invaded, and then also so much endangered.) And these we take to be the principal ends and grounds, for which, in that exigency of time and affairs, it was procured, and to which we acknowledge it hath happily been made use of; but we cannot think it was by those Worthies intended, or aught to be made use of, to the perpetuating of that supreme trust and power in the persons of any during their own pleasures, or to the debarring of the people from their right of Elections (totally new) when those dangers or exigencies were passed, and the affairs and safety of the Commonwealth would admit of such a change.   

Having thus cleared our Grounds and Intentions (as we hope) from all scruples and misunderstandings, in what follows we shall proceed further to propose what we humbly desire for the settling and securing of our own and the Kingdom's Rights and Liberties (through the blessing of God) to posterity; and therefore, upon all the Grounds premised, we further humbly desire as followeth;  
3. That some determinate period of time may be set, for the continuance of this and future Parliaments, beyond which none shall continue, and upon which new Writs may of course issue out, and new Elections successively take place according to the intent of the Bill for Triennial Parliaments,  
And herein we would not be misunderstood to desire a present or sudden dissolution of this Parliament, but only (as is expressed before) that some certain period may be set for the determining of it, so as it may not remain (as now) continuable for ever, or during the pleasure of the present Members; And we should desire that the period to be now set for ending this Parliament, may be such as may give sufficient time for provision of what is wanting and necessary to be passed in point of just Reformation, and for further securing the Rights and Liberties, and settling the peace of the Kingdom. In order to which we further humbly offer.  
4. That secure provisions may be made for the continuance of future Parliaments, so as they may not be adjournable or dissolveable at the King's pleasure, or any otherways then by their own consent during their respective periods, but at those periods each Parliaments to determine of course as before. This we desire may be now provided for (if it may be) so as to put it out of all dispute, for future, though we think of right, it ought not to have been otherwise before.  
And thus a firm foundation being laid in the authority and constitution of Parliaments for the hopes, at least, of common and equal right and freedom to ourselves and all the freeborn people of this Land; we shall for our parts freely and cheerfully commit our stock or share of interest in this Kingdom, into this common bottom of Parliaments, and though it may (for our particulars) go ill with us in one Voyage, yet we shall thus hope (if right be with us) to far better in another.  
These things we desire may be provided for by Bill or Ordinance of Parliament to which the Royal Assent may be desired: when his Majesty in these things, and what else shall be proposed by the Parliament, necessary for securing the Rights and Liberties of the people, and for settling the Militia and Peace of the Kingdom, shall have given his concurrence to put them past dispute, We shall then desire that the Rights of his Majesty and his posterity may be considered of, and settled in all things, so fare as may consist with the Right and Freedom of the Subject, and with the security of the same for future.  
5 We desire, that the right and freedom of the people, to represent to the Parliament by way of humble Petition, their grievances (in such things as cannot otherwise be remedied then by Parliament) may be cleared and vindicated, That all such grievances of the people may be freely received & admitted in to consideration, and put into an equitable and speedy way, to be heard, examined, and redressed (if they appear real) and that in such things for which men have remedy by law, they may be freely left to the benefit of law, and the regulated course of Justice, without interruption or check from the Parliament, except in case of things done upon the exigency of War, or for the service and benefit of the Parliament and Kingdom in relation to the War, or otherwise, in due pursuance and execution of Ordinances or Orders of Parliament.  
More particularly (under this head) we cannot but desire, that all such as are imprisoned, for any pretended misdemeanour, may be put into a speedy way for a just hearing and trial, and such as shall appear to have been unjustly and unduly imprisoned, may (with their liberty) have some reasonable reparation according to their sufferings and the demerit of their oppressors.  
6 That the large powers, given to the Committees or Deputy Lieutenants during the late times of War and distraction, may be speedily taken into consideration, That such of these powers as appear not necessary to be continued, may be taken away, and such of them as are necessary 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.  
7 We could wish that the Kingdom might both be righted & publicly satisfied in point of Accounts, for the vast sums that have been levied and paid, as also in divers other things wherein the Common wealth may be conceived to have been wronged or abused; But we are loath to press any thing, that may tend to lengthen out further disputes or contestations, but rather such as may tend to a speedy and general composure, and quieting of men's minds, in order to Peace, for which purpose we further propose.  
8. That (public Justice being first satisfied by some few examples to posterity out of the worst of excepted persons, and other Delinquents, having past their Compositions) some course may be taken (by a general Act of oblivion or otherwise) whereby the seeds of future War, or feuds, either to the present age, or posterity, may the better be taken away, by easing that sense of present, and satisfying those fears, of future Ruin or Undoing, to persons or families, which may drive men into any desperate ways for self preservation or remedy, and by taking away the private remembrances and distinction of parties, as fare as may stand with safety to the rights and Liberties we have hitherto fought for.  
There are (besides these) many particular things which we could wish to be done, and some to be undone, all, in order still to the same ends, of common right, freedom, peace, and safety. But these proposals aforegoing, being the principal things we bottom and insist upon, we shall (as we have said before) for our parts acquiesce; for other particulars in the Wisdom and Justice of Parliaments. And whereas it hath been suggested or suspected, that in our late, or present proceed, our design is to overthrow Presbytery, or hinder the settlement thereof, and to have the Independent government set up, we do clearly disclaim, and disavow any such design; We only desire that according to the Declarations (promising a provision for tender consciences) there may some effectual course be taken according to the intent thereof, And that such, who, upon conscientious grounds may differ from the established forms, may not (for that) be debarred from the common Rights, Liberties, or Benefits belonging equally to all, as men and Members of the Common wealth, while they live soberly, honestly, and inoffensively towards others, and peacefully and faithfully towards the State.  
We have thus freely and clearly declared the depth and bottom of our hearts and desires in order to the Rights, Liberties and Peace of the Kingdom, wherein we appeal to all men, whether we seek any thing of advantage to ourselves, or any particular party whatever, to the prejudice of the whole, & whether the things we wish and seek, do not equally concern & conduce to the good of others in common with ourselves, according to the sincerity of our desires and intentions wherein, (〈◊〉 we have already found the concurrent sense of the people in divers Counties by their Petitions to the General, expressing their deep representment of these things, and pressing us to stand for the Interest of the Kingdom therein, so, we shall wish and expect to find the unanimous concurrence of all others, who are equally concerned with us in these things, and wish well to the Public. And so trusting in the mercy and goodness of God to pass by and help any failings or infirmities of ours, in the carriage or proceed hereupon,) we shall humbly cast ourselves and the business upon his good pleasure, depending only on his presence and blessing for an happy issue to the peace and good of this poor Kingdom, in the accomplishment whereof, we desire and hope, that God will make you blessed Instruments.   

June 14th 1647.  
By the appointment of his Excellency S it Thomas Fair-fax, with the Officers and Soldiery of his Army,  
Signed, Jo: Rushworth Secretary.  
FINIS.