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sit 120 days certain, unless adjourned, or exemption from any judgment, trial, or other dissolved sooner by their own consent; after- proceeding against them by the house of peers, wards to be adjournable or dissolvable by the without the concurring judgment of the house king: And no parliament to sit past 240 days of commons: as also from any other judgment, from their first mecting, or some other limited sentence, or proceeding against them, other number of days now to be agreed on: Upon than by their equals, or according to the law the expiration whereof each parliament to of the land. 11. The same act to provide, that dissolve of course, if not otherwise dissolved Grand-Jurymen may be chosen by and for se sooner. 3. The king, upon advice of the coun- veral parts or divisions of each county respec cil of state, in the intervals betwixt Biennial tively, in some equal way; and not remain, as Parliaments, to call a parliament extraordinary, now, at the discretion of an under-sheriff, ta provided it meet above 70 days before the next be put on or off: and that such Grand-Ju Biennial day; and be dissolved at least 60 men for their respective counties may, at each days before the same, so as the course of bien-assize, present the names of persons to be made nial elections may never be interrupted. 4. justices of peace, from time to time, as the That this parliament, and each succeeding country hath need for any to be added to the Biennial parliament, at or before adjournment commission; and at the summer assize to or dissolution thereof, may appoint committees present the names of three persons, out of whom to continue during the interval, for such pur- the king may prick one to be sheriff for the poses as are, in any of these proposals, referred next year.-II. For the future security to pai to such committees. 5. That the elections of liaments and the militia in general, in order the commons for succeeding parliaments may thereunto that it be provided, by act of parlia be distributed to all counties, or other parts or ment, 1. That the power of the militia, by sea divisions of the kingdom according to some and land, during the space of ten years next rule of equality or proportion; so as all coun- ensuing, shall be ordered and disposed by the ties may have a number of parliament mem- lords and commons assembled, and to be assem bers allowed to their choice, proportionable to bled in the parliament or parliaments of Erg the respective rates they bear in the common land; or by such persons as they shall no charges and burthens of the kingdom; or, nate and appoint for that purpose, from time according to some other rule of equality or to time, during the said space. 2. That the proportion, to render the house of commons, said power shall not be ordered, disposed, as near as may be, an equal representative of exercised by the king's majesty that now & the whole; and in order thereunto, that a or by any person or persons by any authority present consideration be had to take off the derived from him, during the said space, or st elections of burgesses for poor, decayed, or any time hereafter by his said majesty, without inconsiderable towns; and to give some pre- the advice and consent of the said "lords sent addition to the number of parliament commons, or of such committees or couticl members for great counties that have now less in the intervals of parliament, as they shall than their due proportion; to bring all at appoint. 3. That, during the space of present, as near as may be, to such a rule of years, the said lords and commons may, proportion as aforesaid. 6. That effectual pro- Bill or Ordinance, raise and dispose of wh vision be made for future freedom of elections. monies, and for what forces they shall, from and certainty of due returns. 7. That the house time to time, find necessary; as also for pa of commons alone have the power, from time ment of the public debts and damages: and to time, to set down further Orders and Rules all other the public uses of the kingdom. for the ends expressed in the two last preceding And to the end the temporary security, inter Articles; so as to reduce the election of mem-ed by the three particulars last precedent, may bers of 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 entertaining dissents in the house of commons, with a provision that no inember be censurable for ought said or voted in the house, further than to exclusion from that trust, and that only by the judgment of the house itself. 9. That the judicial power, or power of final judgment 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

be the better assured, it may therefore be provided, That no subjects that have bes hostility against the parliament in the late shall be capable of bearing any office of po or public trust in the confmon-wealth, during the space of five years, without consent of pa liament, or of the council of state; or to st members, or assistants, of either house of par liament, until the second Biennial Parliame be past. III. For the present form of dispo ing the Militia, in order to the peace safety of this kingdom, and the service of Ireland 1. That there be commissioners for the miralty, with a vice-admiral and rear-adul now to be agreed upon, with power for the forming, regulating, appointing of officers, d providing for the Navy, and for ordering the same to and in the ordinary service of the ling dom; and that there be a sufficient prov and establishment for pay and maintenance

hereof. 2. That there be a general for com- parliament of England.-XI. An act to be mand of the Land Forces that are to be in pay, passed to take away all coercive power, auà England, Ireland, and Wales, both for field thority, and jurisdiction of Bishops, and all nd garrison. 3. That there be commissioners other ecclesiastical officers whatsoever, extendthe several counties, for the standing Militia ing to any civil penalties upon any; and to f the respective counties, consisting of Trained repeal all laws, whereby the civil magistracy ands and Auxiliaries not in pay; with power hath been, or is bound, upon any eccleor the proportioning, forming, regulating, train- siastical censure, to proceed, ex officio, unto g and disciplining of them. 4. That there be any Civil Penalties against any persons so cenCouncil of State, with power to superintend sured-XII. That there be a repeal of all acts, nd direct the several and particular powers of or clauses in any act, enjoining the use of the e Militia last mentioned, for the peace and Book of Common Prayer, and imposing any afety of this kingdom, and of Ireland. 5. penalties for neglect thereof; as also of all hat the same council may have power as the acts, or clauses in any act, imposing any ng's privy-council, for and in all foreign penalty for not coming to church, or for meetegotiations; provided that the making of ings elsewhere for prayer or other religious ar or peace with any other kingdom or state, duties, exercises or Ordinances; and some all not be without advice and consent of par- other provision to be made for discovering of ment. 6. That the said power of the coun- papists and popish recusants, and for disabling I of state be put into the hands of trusty and of them, and of all jesuits or priests, from disle persons, now to be agreed on; and the turbing the state.-XIII. That the taking of me persons to continue in that power, si bene the Covenant be not inforced upon any, nor gesserint, for a certain term not exceeding any penalties imposed upon the refusers, years. 7. That there be a sufficient estab- whereby men might be constrained to take it hment now provided for the salary of forces against their judgments or consciences; but all. oth in England and Ireland; the establish- Orders or Ordinances tending to that purpose ent to continue until two months after the to be repealed.-XIV. That (the things here eeting of the first biennial parliament.-IV. before proposed being provided for settling at an act be passed for disposing the great and securing the Rights, Liberties, Peace, and ices, for ten years, by the lords and com- Safety of the kingdom) his majesty's person, ons in parliament, or by such committees as his queen, and royal issue, may be restored to ey shall appoint for that purpose in the inter- a condition of safety, honour and freedom in Is, with submission to the approbation of the this nation; without diminution to their per. ext parliament; and, after ten years, they to sonal Rights, or further limitation to the exerminate three, and the king out of that num-cise of the regal power, than according to the r to appoint one for the succession upon any particulars aforegoing.-XV. For the matter cancy.-V. That an act be passed for re- of Compositions: 1. That a less number out aining any peers, made since the 21st of of the persons excepted in the two first Quaay, 1642, or to be hereafter made, from hav-lifications, (not exceeding five for the Enggany power to sit or vote in parliament, lish) being nominated particularly by the parthout consent of both houses.-VI. That liament, who, together with the persons in the act be passed for recalling and making void Irish rebellion, included in the third QualiDeclarations and other Proceedings against fication, may be reserved to the further judge Parliament, or against any that have ment of the parliament, as they shall find ted by, or under, their authority in the cause; all other excepted persons may be te war, or in relation to it: and that the Or- remitted from the exception, and admitted to nances for Indemnity may be confirmed. composition. 2. That the Rates for all future II. That an act be passed for making void Compositions may be lessened and limited, not Grants, &c. under the great seal, that was to exceed the several proportions hereafte nveyed away from the parliament, since the expressed respectively: that is to say, For all ne it was so conveyed away, except as in Persons formerly excepted, not above a third e Parliament's Propositions; and for making part. For the late members of parliament, ose valid that have been, or shall be, passed under the first branch of the fourth Qualificader the Great Seal made by the authority tion in the Propositions, a fourth part. For both houses of parliament, VIII. That an other members of parliament, in the second t be passed for confirmation of the Treaties and third branches of the same Qualification, etween the two kingdoms of England and a sixth part. For the persons nominated in cotland, and for appointing Conservators of the said fourth Qualification, and those ine Peace betwixt them.-IX. That the Ordi- cluded in the tenth Qualification, an eighth ance for taking away the Court of Wards and part. For all others included in the sixth veries be confirmed by act of parliament; Qualification, a tenth part, And that all real rovided his majesty's revenue be not damni- debts, either upon record or proved by wited therein, nor those that last held offices in nesses, be considered, and abated in the valuae same left without reparation some other tion of their estates in all the cases aforesaid. ay.-X. An act to declare void the Cessation 3. That those who shall hereafter come to Ireland, &c. and to leave the prosecution of compound, may not have the Covenant put hat War to the lords and commons in the upon them as a condition without which they

time may be lost by the parliament for dis patch of other things tending to the welfare, ease, and just satisfaction of the kingdom; and in special manuer, 1. 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 sixth Head in the late Representation or Declaration of the Army sent from St. Alban's 2. That in pursuance of the same Head the said Declaration, the common Grievances of the people may be speedily considered of, and effectually redressed; and in particular, That the Excise may be taken off from such commodities whereon the poor people of the land do ordinarily live, and a certain time to be limited for taking off the whole.-That the oppressions and encroachments of Forest-Lam may be prevented for the future.-All Mem polies, old or new, and Restraints to the Fre

may be taken, and commissioners appointre, to remedy and rectify the inequality of rats being upon several counties, and several para of each county, in respect of others, and ta settle the proportions for land rates to mon equality throughout the kingdom; in order t which we shall offer some further particelar, which we hope may be useful.-The present unequal, troublesome, and contentious way ministers maintenance by tythes, to be co dered of, and some remedy applied.--That th rules and course of law, and the officers of may be so reduced and reformed, as that suits and questions of Right may be more det and certain in the issues, and not so tedion nor chargeable in the proceeding as now; order to which we shall offer some further pe ticulars hereafter.-That Prisoners for De or other creditors who have estates to de

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 2007. in lands 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 composition, or pay at most but the proportion of one year's 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, or other forces of the parlia-dom of Trade to be taken off.—That a coure ment, 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 parties injured, and the persons offending, being found out, may be compelled thereto.-XVI. That there 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, Misdemeanors, &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 have 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, queco, 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 misery to the kingdom, have contributed their Endeavours 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 expressed, and shall hereafter express that way, their good affections to the peace and welfare of the kingdom, and to hinder the embroiling 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 of 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 Proposals aforesaid for the present settling of Peace, we shall desire that no

charge them, may not, by embracing impr
sonment, 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 are tr
commissions of bankrupt) whether they be
imprisoned for it or not. And that sack
prisoners for Debt, who have not where th
to pay, or at least do yield up what they bare
to their creditors, may be freed from imprises
ment, or some way provided for, so as neither
they nor their families may perish by the
Imprisonments.-Some provisions to be matt,
that none may be compelled, by penalties u
otherwise, to answer unto questions tener glo
the accusing of themselves or their neats
relations, in criminal causes, and no man's
to be taken away under two witnesses-
That Consideration may be had of all Stars
and the laws or customs of Corporations,
posing any Oaths; either to repeal, or the tr
qualify and provide against the same, so far
they may extend or be construed to the ma
lestation, or ensnaring of religious and peat
able people, merely for nonconformity in rel

See p. 625.

n. 3. That, according to the seventh head |
the Declaration of the Army, the large
wers given to committees or deputy lieute-
nts, during the late times of war and dis-
ction, may be speedily taken into considera-
n, to be recalled and made void; and that
ch powers of that nature as shall appear
cessary to be continued, may be put into a
ulated way, and left to as little arbitrariness
the nature and necessity of the things
erein they are conversant will bear. 4. That,
cording to the eighth Head in the said Decla-
ion, an effectual course may be taken that
e kingdom may be righted and satisfied, in
int of Accounts, for the vast sums that have
en levied. 5. That provision may be made for
yment of Arrears to the Army, and the rest
the Soldiers of the kingdom, who have con-
rred with the Army in the late Desires
d proceedings thereof; and, in the next
ace, for payment of the public Debts and
amages of the kingdom; and that to be per-
med, first, to such persons whose debts or
mages, upon the public account, are great,
d their estates small, so as they are thereby
duced to a difficulty of subsistance; in
der to all which, and to the fourth particular
st preceding, we shall speedily offer some
rther particulars, in the nature of rules, which
hope will be of good use towards public
tisfaction.-By the Appointment of his ex-
llency sir Tho. Fairfax, and the Council of
ar, Jo. Rushworth, Secretary."

Edward earl of Manchester, Speaker of the house of peers, and William Lenthall, esq. Speaker of the house of commons, are null aud void, and are hereby declared so to be." Ordered, That these Votes, &c. should be sent to the commons for their concurrence.

Declaration of the Army's Reasons for advancing towards London.] Then a Letter from sir Thomas Fairfax, with a Declaration inclosed, were both read:

To the right. hon, the earl of MANCHESTER, Speaker of the house of peers, and W. LENTHALL, esq. Speaker of the house of commons, or either of them. "Right Honourable; Having resolved on this inclosed, as the sense of this Army, upon occasion of the late violence offered to yourselves and to both houses of parliament, I think fit to tender the same unto you; and desire that you would be pleased to communicate it to the members of both houses now in the army. I remain, Your, &c. T. Fairfax. Colebrooke, Aug. 3."

A DECLARATION of his Excellency sir Tho. Fairfax and his Council of War, on behalf of themselves and the whole Army, shewing the Grounds of their present Advance towards the city of London.* "Colebrooke, August 3, 1617.

"When this Army was formerly led by the manifold dispensations of God's providence, and the Grounds then declared, to advance towards the city of London, we held it our A Thanksgiving appointed for the Army's duty to yield the kingdom the sum of those inging back the Members that had left the Desires, which we had to propose on behalf ouses.] Aug. 6. The first thing the lords of it and ourselves, wherein we should acdered this day, was to appoint a Thanks- quiesce: And having received from the parving for God's great mercy, in bringing the liament some hopes of due satisfaction there embers of both houses of parliament back in, aud some assurance from the lord mayor, ain to their seats, in safety, and preserving aldermen, and common council of the city of em from tumults without blood-shed. Mr. London, of their ready concurrence with us in arshal and Mr. Nye were ordered to preach those things; and also great resolution, profore the Members of both houses that day, fessed by them, of their care and tenderness the Abbey Church at Westminster. to preserve all the Rights and Privileges of parThe Commissioners of Parliament, (those liament safe, free, and inviolate from attempts at attended the person of the King and those of all kinds; we do appeal to God, to the the Army) declared, that the reason they city, and to all men, what a speedy compliid not given the lords any late intelligence, ance their desires for our removal to a further as, in regard of the violence and force that distance found in this Army; for preventing id been lately used to both houses in the Tu- all fears, jealousies, and other inconveniences alt. On which their lordships voted, That to the city, and to give clear testimony that ey approved of what the commissioners had we had nothing in our breast but thoughts of ne, in omitting any returns to them of their peace, and the good and welfare both of the parnployment, in respect of the late great dis-liament, city, and kingdom; notwithstanding

rbances.

The Lords declare all Proceedings during at Interval to be void.] Next the following ote was agreed to: Resolved, &c. "That e Ordinance of the 26th of July last, for resking and making void the Ordinance of the Sd of the same month, for settling the Militia f the city of London, being gained from the puses by force and violence; and all Votes, rders, and Ordinances, and other acts made, pretended to be made, since the said Ordiance, by any persons in either of the houses, colour of parliament, before the return of

many false and and scandalous reports raised that we sought ourselves, that we had vile and wicked ends, and that nothing would satisfy the soldiers but the plunder of the city; the contrary whereof did manifestly appear, when they so readily marched back upon hopes of satisfaction in their desires of public concernment.-Having then, upon the aforesaid confidence, so withdrawn; and, out of a just

*From the original edition printed at Oxford, by J. Harris and H. Hills, Printers to his excellency sir Thomas Fairfax, 1647.

sense of the country's suffering by quartering, removed the head-quarters of the Army above 40 miles from London, and dispersed the rest well nigh 200 miles, for the more ease of all parts, and that we might give the better satisfaction to the kingdom; and being in this secure way, and labouring after the sudden settlement of the kingdom, we had even brought to perfection the particular Proposals (included in the Generals of our first Representation) to be sent to the parliament for a final conclusion of all our troubles; and also had made good progress towards the present Relief of distressed Ireland, by assigning a competent force both of horse and foot forthwith to have advanced for that service.-But the kingdom's and our enemies being most vigilant and active to prevent and frustrate those good intentions and endeavours of ours, (that they might carry on their former evil designs, and underhand practices, and also preserve themselves from the hands of justice) have endeavoured to cast the kingdom into a new and bloody war; and for that end have procured the under-band listing of several reformadoes and others; have contrived, promoted, and caused to be entered into by several persons, a wicked and treasonable combination, as issufficiently manifested by a Declaration passed thereupon by both houses of parliament the 23d of July last, for prevention of the disturbances that were like to ensue thereupon: From which kind of disorders the city hath been well preserved during the space of almost 4 years, whilst the militia was in the hands of the old commissioners; whereby it appears there was cause for the Army to intreat the parliament that the militia might be returned into the hands it was in before, as also for divers other good Reasons. First, The old Commissioners of the Militia, that have been since left out, were not only persons without all exception, baving been fortnerly chosen and approved by the parliament and city, but also men of whom the city, parliament, and kingdom, have had above 4 years experience in the faithful discharge of their trust: men that ever from the beginning, in the worst of times, and in the occasions of greatest difficulty, had faithfully and constantly engaged for and with the parliament in this cause: men that were always most desirous of a l'cace, but of a safe and well-grounded one, aud that had always testified a great care to prevent all occasions of embroiling the kingdom in a new war. Now that, on a sudden, this trust, which they had faithfully discharged so long, should be taken out of their hands, and put into the hands of others, some whereof, at the best, have been very cool in the service of the parlament at the beginning of this war: That this should be pressed, and in a manner forced upon the parliament, with such importunity, from the common council, that some out of every ward should be appointed to solicit the members of the house of commons, every day as they went in and out of the house, with professions, That

:

they would never leave the door of the house | till they were satisfied in their desires: That they would not be contented with the Militia of the city of London only, unless they might have power over that of the suburbs and our parts; and all this before the Peace of the kingdom was settled, or the Propositions sent to the king for that purpose. These thing ministered great cause of suspicion that the alteration of the Militia was in order to a de sign, and to make the terins of the Peace and Agreement with the king (on which the sec rity of the whole kingdom and their poster is to be bottomed) more suitable to the priva bargainings and undertakings of some me than to the public welfare of the whole kug dom in its security and prosperity, for the pr sent and in future times. But this design die covered itself more clearly by such things accompanied the pursuit of this Alteration the Militia, and ensued upon the obtaining thereof: At the same time that the Alterati of the Militia was set on foot, the same pers with as much earnestness, pressed for the De banding of this Army, before any thing settled for the security and liberties of the kingdom. At the same time the Comme Council was new modelled, and a lord mayı chosen that might suit with the present des in hand at the same time (under colour differences in some circumstances of Church Government) it was earnestly endeavoured that such as had been constantly true a most faithful to the interest of this kingdom, should be disabled to have any employment Church or Commonwealth either in England or Ireland: and, without any colour or pr tence, divers persons were left out of the Com mon Council and Militia, of eminent deser and fidelity, and others brought into their co that had either testified an ill affection, or E tle affection, to the parliament and their cause and such as seemed to withdraw themse from all employment in the beginning of the war, now, at the winding up thereof, are bitious to thrust themselves into employment; with a design, as may justly be suspected, frustrate and overthrow, in the close of the fruit and effect of all the cost and th that hath been spent and spilt in this caus and after that with difficulty, and not with reluctancy in the houses of parliament, ther had obtained the power of the Militia of Lo don, and also in the out-parts, for the spac of one year, many chief officers and unde officers in the Trained Bands, of known trut aud fidelity, were displaced, and others d more doubtful affcctions placed in their room, little care was taken of the honour of the p liament, which was continually trampled under foot, and their authority affronted, by evey rabble of women, apprentices, reformades and soldiers; which latter sort of persons wit thereby so encouraged to rise higher and ba er in their tumultuous carriages against the houses, till at length it is risen to the height of barbarous and monstrous violence agains

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