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Front Page Titles (by Subject) 13.: From the Heads of the Proposals a - Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents
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13.: From the Heads of the Proposals a - Arthur Sutherland Pigott Woodhouse, Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents [1938]Edition used:Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited with an Introduction A.S.P. Woodhouse, foreword by A.D. Lindsay (University of Chicago Press, 1951).
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13.From the Heads of the ProposalsaI. 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 put 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Parliament to reduce it to more certainty; and upon the passing of this, the said Act for triennial Parliaments to be repealed. 2. Each biennial Parliament to sit 120 days certain (unless adjourned or dissolved sooner by their own consent); afterwards to be adjournable or dissolvable by the King, and no Parliament to sit past 240 days from their first meeting, or some other limited number of days now to be agreed on; upon the expiration whereof each Parliament to dissolve of course, if not otherwise dissolved sooner. 3. The King, upon advice of the Council of State, in the intervals betwixt biennial Parliaments, to call a Parliament extraordinary, provided to meet above 70 days before the next biennial day, and be dissolved at least 60 days before the same; so as the course of biennial elections may never be interrupted. 4. That this Parliament and each succeeding biennial Parliament, at or before 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, [or] according to some other rule of equality or proportion, to render the House of Commons (as near as may be) an equal representative of the whole; and in order 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 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 exemption from any judgment, trial, or other proceeding against them by the House of Peers, without the concurring judgment of the House of Commons; as also from any other judgment, sentence or proceeding against them, other than by their equals, or according to the law of the land. 11. The same Act to provide that grand 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 undersheriff to be put on or off); and that such grand jurymen 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 country 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 vests the power of the militia in the Lords and Commons in Parliament for ten years (to be administered in the intervals of Parliaments by a committee or council of their appointment); and thereafter in the King, only as he acts with their advice and consent. III provides for a Council of State and defines its powers. IV—X provide for a series of necessary Acts of Parliament: for appointment to the great offices of state by the Lords and Commons for ten years, and thereafter by the King from their nominees; for restraining all peers created since 21st May 1642 from parliamentary functions, unless with the consent of both Houses; for recalling all declarations against the Parliament, &c. &c.] XI. An Act to be passed to take away all coercive power, authority, and jurisdiction of bishops and all other ecclesiastical officers whatsoever, extending to any civil penalties upon any; and to repeal all laws whereby the civil magistracy hath been or is bound, upon any ecclesiastical censure to proceed (ex officio) unto any civil penalties against any persons so censured. XII. That there be a repeal of all Acts, or clauses 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 on the refusers, whereby men might be constrained to take it against their judgments 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 than according to the particulars aforegoing. [XV provides for exclusions from the Act of Oblivion, and for composition on terms not to exceed a fixed rate set forth.] XVI. That there may be a general Act of Oblivion to extend unto all (except the persons to be continued in exception as before), to absolve from all trespasses, misdemeanours, &c., done in prosecution of the war; and from all trouble or prejudice for or concerning the same (after their compositions passed), 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. * * * Next to the Proposals aforesaid for the present settling of a peace, we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare, ease, and just satisfaction of the kingdom, and in special manner: I. That the just and necessary liberty of the people to represent their grievances and desires by way of petition, may be cleared and vindicated, according to the fifth head in the late Representation or Declaration of the Army sent from St. Albans. II. That (in pursuance of the same head in the said Declartion) the common grievances of the people may be speedily considered of, and effectually redressed, and in particular: 1. That the excise may be taken off from such commodities whereon the poor people of the land do ordinarily live, and a certain time to be limited for taking off the whole; 2. That the oppressions and encroachments of forest laws may be prevented for the future; 3. All monopolies, old or new, and restraints to the freedom of trade to be taken off; 4. That a course may be taken, and commissioners appointed, to remedy and rectify the inequality of rates lying upon several counties, and several parts of each county in respect of others, and to settle the proportions for land-rates to more equality throughout the kingdoms; in order to which we shall offer some further particulars, which we hope may be useful; 5. The present unequal troublesome and contentious way of ministers’ maintenance by tithes to be considered of, and some remedy applied; 6. That the rules and course of law, and the officers of it, may be so reduced and reformed as that all suits and questions of right may be more clear and certain in the issues, and not so tedious nor chargeable in the proceedings as now; in order to which we shall offer some further particulars hereafter; 7. That prisoners for debt or other creditors (who have estates to discharge them) may not by embracing imprisonment, or any other ways, have advantage to defraud their creditors, but that the estates of all men may be some way made liable to their debts (as well as tradesmen are by commissions of bankrupt), whether they be imprisoned for it or not; and that such prisoners for debt who have not wherewith to pay, or at least do yield up what they have to their creditors, may be freed from imprisonment, or some way provided for, so as neither they nor their families may perish by their imprisonments. 8. Some provision to be made, that none may be compelled by penalties, or otherwise, to answer unto questions tending to the accusing of themselves or their nearest relations in criminal causes; and no man’s life to be taken away under two witnesses. 9. That consideration may be had of all statutes, and the laws or customs of corporations, imposing any oaths either to repeal or else to qualify and provide against the same, so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people, merely for nonconformity in religion. III. That, according to the sixth head in the 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 consideration, to be recalled and made void, and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way, and left to as little arbitrariness as the nature and necessity of the things wherein they are conversant, will bear. IV. That, according to the seventh head in the said Declaration, an effectual course may be taken that the kingdom may be righted, and satisfied in point of accounts for the vast sums that have been levied. V. 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 Army in the late desires and proceedings thereof; and in the next place for payment of the public debts and damages of the kingdom; and that to be performed first to such persons whose debts or damages (upon the public account) are great, and their estates small, so as they are thereby reduced to a difficulty of subsistence. In order to all which, and to the fourth particular last preceding, we shall speedily offer some further particulars (in the nature of rules), which we hope will be of good use towards public satisfaction.1 * * * [1] Dated 1st August 1647. [422. (a)] A Declaration from his Excellencie Sr. Thomas Fairfax, And his Councell of Warre. Concerning their proceeding in the Proposalls, prepared and agreed on by the Councell of the Armie. . . . Together with the Heads of the said Proposalls. * * * London: Printed for Matthew Simmons 1647 [dated Aug. 1; Thomason dates, Aug. 5]. |

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