‘The heads of the proposals’ were the terms for settlement offered by the army to Charles I in July 1647. They would have established a constitutional monarchy with a strong executive, and their apparent generosity to the king became a source of anxiety and fear among some in the army and London. The ‘Proposals’ remained a viable basis for a settlement until Charles escaped from the army’s custody at Hampton Court in mid-November 1647.
The heads of the proposals agreed upon by his Excellency Sir Thomas Fairfax1 and the Council of the Army,2 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,3 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.
I. 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 follows:
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Parliament to reduce it to more certainty; and upon the passing of this, the said Act for triennial Parliaments to be repealed.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,4 in the intervals betwixt biennial 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 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, 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 in laws.
8. That there be a liberty for entering dissents in the House of Commons, with provision that no member be censurable for ought 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 or 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 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 the 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 respective counties, may at each assize present the name of persons to be made justices of the peace from time to time, as the county has 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 of 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 often years next ensuing shall be ordered and disposed by the Lords and Commons assembled, and to be assembled, in the Parliament or Parliaments of England, 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 Commons, or 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 may by bill or ordinance raise and dispose of what monies 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 may 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 office of power or public trust in the commonwealth during the space of five years, without the 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 passed. […]
IV. 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 vacancy. […]
VI. 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 authority in the late war, or in relation to it; and that the ordinances for indemnity may be confirmed.5 […]
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 has been or is bound upon any ecclesiastical censure to proceed (ex officio6) 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 upon the refusers, whereby men might be restrained to take it against their judgements or consciences, but all orders and 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 foregoing. […]
XVI. That there may be a general Act of Oblivion to extend unto all (except the persons to be continued in exception as before7), to absolve from all trespasses, misdemeanours, etc. done in prosecution of the war; and from all trouble or prejudice for or concerning the same (after their compositions8 passed), and to restore them to all privileges etc. belonging to other subjects, provided as in the fourth particular under the second general head foregoing 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 despatch 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 declaration the common grievances of the people may be speedily considered of, and effectually redressed9 […].
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 proceeding, we shall speedily offer some further particulars (in the nature of rules) which we hope will be of good use towards public satisfaction.
1 August 1647.
Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War.