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The Heads of PROPOSALLS, Agreed on by his Excellency Sir Thomas Fairfax, And the Councell of the Army.

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 [2] the certainty thereof, as in the late Act was made for Trienniall Parliaments, and what further or other provision shall be found needful by the Parliament, to reduce it to more certainty; and upon passing of this, the said Act for Trienniall Parliaments to be repealed.

2. Each Bienniall Parliament to sit 120 dayes certain, (unlesse adjourned, or dissolved sooner by their own consent) afterwards to be adjournable or dissolveable by the King; and no Parliament to sit past 240 dayes from their first meeting, or some other number of dayes to be agreed on: upon the expiration whereof, each Parliament to dissolve of course, if not otherwise dissolved sooner.

3. The King upon the advice of the Councell of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary, Provided it meet above Seventy dayes before the next Biennial day, and be dissolved at least Sixty dayes 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 Intervall, 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 devisions of the Kingdome, according to some rule of equality or proportion, so as all Countries may have a number of [3] Parliament Members allowed to their choice, proportionable to the respective rates they bear in the common charges and burthens of the Kingdome, or according to some other rule of equalitie or proportion to render the House of Commons as neer as may be, an equall Representative of the whole; and in order thereunto that a present consideration be had to take off the Elections of Burgesses, for poor decayed, or inconsiderable Townes, and to give some present addition to the number of Parliament Members for great Counties, that have no less then their due proportion, to bring all (at present) as neer as may be, to such a rule of proportion as aforesaid.

6. That effectuall provision be made for future freedome of Elections, and certaintie of due Returnes.

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, freedome in the Election, order in the proceeding thereto, and certainty in the Returnes, which Orders and Rules in that case to be as Lawes.

8. That there be a liberty for entering Dissents in the House of Commons, with provision, That no Member be Censureable for ought said or Voted in the House, further then to Exclusion from his present Trust in the House, and that only by the judgement of the House it self.

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9. That the Judiciall power, or power of finall Judgement in the Lords and Commons (and their power of Exposition and Application of Law) (without further appeale) may be cleered: 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, triall, or other proceeding against them by the House of Peeres, without the concurring judgement of the House of Commons, as also from any other judgement, sentence, or proceeding against them, other then by their equalls, or according to the Law of the Land.

11. The same Act to provide that Grand Jurymen may be chosen by and for severall parts or Divisions of each Countie respectively, in some equall way, and not remaine (as now) at the discretion of an Under-Sheriffe to be put on or off: and that such Grand Jurie-men, for their respective Counties, may at each Assize present the names of persons to be made Justices of the peace from time to time, as the Countrey hath need for any to bee 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 Sheriffe for the next yeare.

II. For future securitie to Parliaments and theMilitiain generall in order thereunto, that [7] it be provided by Act of Parliament:

1. That the power of theMilitiaby Sea and Land, during the space of ten yeares 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, or by any person or persons by any authoritie derived from him, during the said space, or at any time hereafter by his Majestie that now is, without the advice and consent of the said Lords and Commons, or of such Committees or Counsell in the Intervalls of Parliament▪ as they shall appoint.

3. That during the same space of ten yeares, the said Lords and Commons may by Bill or Ordinance raise and dispose of what moneyes, and for what Forces they shall from time to time find necessary, as also for the payment of the publike debts and dammages, and for all other the publike uses of the Kingdome.

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 warre shall be capable of bearing any office of power or publike trust in the Common-wealth, during the space of five yeares, without consent of Parliament, or the Counsell of State, or to sit as Members or Assistants [6] of either House of Parliament, untill the second Bienmall Parliament be past.

III. For the present forme of disposing theMilitiain order to the peace and safety of this Kingdome, and the service of Ireland.

1. That there be Commissioners for the Admiraltie, with a Vice-Admirall and Rere-Admirall, now to be agreed on, with power for the forming, regulating, appointing of Officers, and providing for the Navie, and for ordering the same to and in the ordinary service of the Kingdome, and that there be a sufficient provision and establishment for pay and maintenance thereof.

2. That there be a Generall 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 severall Counties for the standingMilitiaof the respective Counties, consiststing 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 Councel of State, with power to superintend and direct the severall and particular powers of the Militia last mentioned, for the peace and safety of this Kingdome, and of Ireland.

5. That the same Councell may have power as the Kings Privy Councell, for, and in all Forraigne Negotiations; Provided, That the making of War or Peace with any other Kingdome or State, shall not be without the advice and consent of Parliament.

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That the said power of the Councell of State be put into the hands of Trustees and able Persons now to be agreed on, and the same persons to continue in that powersi bene se gesserintfor a certaine terme not exceeding seven years.

6. That there be a sufficient establishment now provided for the salarie forces both inEnglandandIreland,the establishment to continue untill two moneths after the meeting of the first Bienniall Parliament.

That an act be passed for disposing the great offices for 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 vacancie.

5. That an act be passed for restraining of any Peers made since the 21. of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without consent of both Houses.

6. 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 authoritie in the late warre, or in relation to it; And that the Ordinances for indempnity may be confirmed.

7. That an Act be passed for making void all Grants, &c. under the Great Seale, that was conveyed away from the Parliament since the time that it was so conveyed away (except as in the Propositions of both Kingdomes,) and for making those [8] valid, that have been or shall be passed under the Great Seale, made by the authority of both Houses of Parliament.

8. That an act be passed for confirmation of the Treaties between the two Kingdoms ofEnglandandScotland,and for appointing Conservators of the Peace betwixt them.

9. That the Ordinance for taking away the Courts of Wards and Liveries be confirmed by act of Parliament, Provided his Majesties Revenues be not damnified therein, nor those that last held offices in the same, left without reparation some other way.

10. An act to declare void the cessation ofIreland,&c. And to leave the Prosecution of that warre to the Lords and Commons in the Parliament ofEngland.

11. An act to be passed to take away all Power, authoritie and jurisdiction of Bishops, and all other Ecclesiasticall Officers whatsoever extending to any Civill penalties upon any; And to repeale all Laws whereby the Civill Magistracie hath been, or is bound, upon any Ecclesiastical Censure to proceed(Exofficio)unto any Civill penalties against any person so censured.

12. That there be a repeale of all Acts, or clauses in any Act enjoyning 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 penaltie for not comming to Church, or for meetings else-where, for Prayer, or other Religious duties, Exercises or Ordinances, and some other Provision to be made for discovering of Papists and Popish Recusants, [9] and for ditabling of them, and of all Jesuits, and Priests, from disturbing the State.

13 That the taking of the Covenant be not inforced 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 to that purpose to be repealed.

14. That (the things here before purposed, being provided for setling and securing the Rights, Liberties, Peace and safety of the Kingdome) his Majesties Person, his Queen, and Royall issue, may be restored to a condition of safetie, honour and freedome in this Nation, without diminution to their personall Rights, or further limitation to the Exercise of the Regall power, then according to the Particulars afore-going.

15. For the matter of Compositions.

1. That a lesse number out of the persons excepted in the two first qualifications, in the propositions of both Kingdomes, 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, 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.

2. That the rates for 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.

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2. For the late 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 third Branches of the same Qualification, a sixt 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 included in the sixt qualification a tenth part

2. And that reall 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 passe their composition without it.

4. That the persons and estates of all English, not worth 200 li. in Lands or Goods be at Libertie and discharged. And that the Kings meniall servants that never took up Armes, but only attended his person according to their Offices, may be freed from composition, 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 sequestred estates whatsoever (except the estates of such persons who shall be continued under exception as before) be from henceforth suspended and detained in [11] 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 Parliament, given in Articles upon surrenders to any of the Kings Party may be fully made good, and where any breach thereof shall appeare 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.

That there may be a generall 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 warre, and from all trouble or prejudice for or concerning the same, (after their compositions past,) and to restore them to all Priviledges, &c. belonging to other subjects provided as in the fourth particular, under the second generall Head aforegoing concerning securitie.

Putney,16. Sept. 1647.

By the appointment of his Excellency SirTho. Fairfaxand the general Councel of the Army.John RushworthSecret.

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TheExplanationorDeclarationsof the sence of his Excellency and the generall Councel of the Army upon severall particulars in the Proposals aforegoing, in answer to certain Queres therupon made by the Commissioners of Parliament residing with the Army, agreed upon at the general Councel held atPutneyon Thursday,Sept.16. 1647.

1.Upon the first generall Head.

TO the Quere concerning the time of Commencement of the yeere within which a period to this Parliament is desired.

The Explanation was thought fit to be suspended untill it should appear what expedition will be made in the settlement of the things proposed.

2.Vpon the first particular under the first general Head.

To the Quere Whether not rather Trienniall Parliaments and the Act for that purpose to be continued with supplemental additions according to the effect of the particulars contained under this general Head.

Resolved.

That as to the circumstance of time we are satisfied with either Biennial or Triennial Parliaments, provided, That (in case Triennials be preferr'd) there be a proportionable addition to the time for the certainty of their sitting to, viz. to be (at least) for six or eight months.

3.Ʋpon the second particular under the first general Head.

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To the Quere concerning the prejudice of laying a limitation upon Parliaments not to sit past 240. dayes.

Resolved.

That that limitation is to be understood with this exception,viz.unlesse any Parliament shall finde it necessary for the safety of the Kingdom to sit longer, but still with this proviso, That each Parliament shall dissolve of course at least 80. dayes before the next Biennial or Triennial if not otherwise dissolved sooner, so as that course of New Elections may never be interrupted.

4.Upon the eighth particular under the first general Head.

To the Quere concerning the prejudice to Parliament freedom which this particular might induce.

Resolved.

That the liberty of entring dissents is not desired but in case where the major vote may be to the destruction or prejudice of the Common Right or Liberty of the Subject.

5Vpon the first particular under the second general Head,viz.concerning the Militia.

To the Quere concerning whats ment by the power of the Militia.

Resolved.

That by these words [the power of the Militia] is meant the power of raising, arming, &c. according to the expressions used in the Proposition of both Kingdoms concerning the Militia.

6.Vpon the third particular under the same Head.

To the Quere concerning the expressing of that power of raising and disposing moneys by both Houses.

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Resolved.

That we are well satisfied in the expressions thereof used in the Propositions of both Kingdoms concerning that matter.

7.Vpon the fourth general Head.

To the Quere, what great Officers are meant.

Resolved.

The same that are named in the Proposition of both Kingdoms, together with the office of High-Admiral, or Commissioners for the Admiral.

8.Vpon the14Head concerning the King.

To the first Quere concerning the extent of these words [without diminution to their personal rights.]

Resolved.

That those words were not intended to extend to any part of the Revenues that have come or shall become due before the settlement so as to invalid or question any disposure thereof made by the Houses of Parliament, or by authority derived from them.

To the second Quere upon the same head concerning the extent of these words [without further limitation to the exercise of the Royall power]

Resolved.

That these words are intended only as exclusive to any farther new limitations (not to any that have been made heretofore by the Lawes of the Land.

Putney,16. Sept. 1647.

By the appointment of his Excellency Sir Thomas Fairfax, and the general Councel of the Army.

FINIS.