A Declaration, or Repreſentation from his Excellency, Sir Tho. Fairfax, and of the Army under his Command, Humbly tendred to the PARLIAMENT.

THAT we may no longer be the diſ-ſatisfaction of our friends, the ſubject of our enemies malice (to worke jealouſies and miſrepreſentations upon) and the ſuſpiti­on (if not aſtoniſhment) of many in the Kingdome, in our late or preſent tranſactions and conduct of buſineſſe; we ſhal in all faithfulneſſe and clearneſſe profeſſe, and declare unto you, thoſe things which have of late protracted and hindred our diſ­banding, the preſent grievances which poſſeſſe our Army, and are yet unremedied, with our deſires, as to the compleat ſettlement of the liberties, and peace of the kingdome; which is that bleſſing of God, then which (of all worldly things) nothing is more dear unto us, or more pretious 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 free-born people of this Nation, may ſit down in quiet under our Vines, under the glori­ous adminiſtration of Juſtice, and righteouſneſſe, and in the full poſſeſſion of thoſe Fundamentall 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 it ſelfe, but at the pleaſures of ſome men, ruling meerly 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 proceedings againſt the Army, in relation to their petition and grievances; all men may judge what hath2 hindred the Army from a ready engagement in that ſervice; and (without further account or Apologie, as to that particular, then what paſſages and proceedings themſelves (already made publicke,) doe afford; we doe appeale to your ſelves, whether thoſe courſes, to which the Parliament hath (by the deſignes and practiſes of ſome) been drawne, have rationally tended to induce a cheerfull 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 Souldiers 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 wayes) the timely and effectuall reliefe 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 diſtru­ctive deſignes in England. For which, (beſides the probable ſuſ­pitions from their carriage of the buſineſſe) we have beforehand, in the tranſaction thereof, had more then hints of ſuch a deſigne, by cleare expreſſions to that purpoſe, from many of the Officers of the Army, that have been perſwaded, and appeared moſt for­ward, to engage as for Ireland, on the tearmes propoſed. And, that ſuch a deſigne hath all along been driven, ſeemes now too e­vident, by the preſent diſpoſing of thoſe Forces that have been engaged for Ireland by the endevours 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 publick authority of Parliament. And (all this) by the ſame perſons, who have all along, appeared moſt active, and violent in the late proceedings againſt the Army.

As to the full diſcontents and diſ-ſatisfactions of the Army, in relation to their grievances, and their non-compliance to the late orders for ſudden disbanding by peece-meale (before more full and equall ſatisfaction were given to the whole) we deſire you to look back to the Papers already publiſhed, of the grie­vances3 themſelves, the Narrative of the Officers, and the late Papers from the generall Councell of Warre at Bury, and late generall Randezvouz neare Newmarket: and (we thinke) your late reſuming the conſideration of their things (as to a further ſatisfaction) doth much iuſtifie the deſires and proceedings of the Army, in the paſt particulars, hitherto.

And though (had we (upon our firſt addreſſes) for our un­doubted Rights and Dues) bound or free, and candid recep­tion, with a iuſt conſideration, and a reaſonable ſatisfaction, or at leaſt a free anſwer therein, we ſhould have been eaſily perſwaded to have abated or forborne much of our Dues, and not to have enquired into, or conſidered (ſo farre as we have) either the poſſibilities there are for more preſent ſatisfaction of Arreares, or the credit of future ſecurities propoſed; yet ſince vpon theſe former addreſſes, we have found ſuch hard dealing, as in the ſaid Papers is ſet forth, and thoſe additionall (though hitherto but partiall) ſatisfactions, comming ſo hardly as they have, we finde 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 equall ſatisfaction, in all the things mentio­ned in the aforeſaid Papers, not onely in behalf of our ſelves, and the Army, but alſo the whole Souldiery throughout the whole Kingdome, who have concurred, or ſhall concurre with us in the ſame deſires.

And to all our former deſires, as Souldiers, we cannot but adde this (wherein we find our ſelves ſo nearly concerned in poynt 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 delayes which divers have found, as preiudicial to them or more, then if they had been totally denied the performance of them.

Nor will it now (wee hope) ſeeme ſtrange or unſeaſonable to rationall 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, freedome, peace, and ſafety,4 if (from a deepe ſence of the high conſequence of our preſent caſe, both to our ſelves (in future) and all other people) we ſhall, before disbanding, proceed, in our own and the Kingdoms behalf, to propound, and plead, for ſome proviſion, for our, and the King­doms ſatisfaction, and future ſecurity in relation to thoſe things, eſpecially conſidering, that we were not a meere mercinary Army, hired to ſerve any Arbitrary power of a State; but called forth and conjured, by the ſeverall Declarations of Parliament, to the defence of our owne and the peoples juſt rights, and liberties; And ſo we tooke up Armes, 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 ſence concerning thoſe our fundamentall Rights and Li­berties, to aſſert and vindicate, the juſt power, and Rights of this Kingdome 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 ſence of all Laws and conſtituti­ons as diſpencing with the very Letter of the ſame, and being ſu­preame 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 doe or will theſe our proceedings (as we are fully and in conſcience perſwa­ded) amount to any thing, not warrantable before God and men, being thus far, much ſhort of the common proceedings in other Nations, to things of an higher nature then we have yet appeared to. And we cannot but be ſencible of the great complaints, that have been made generally to us of the Kingdome, from the people where we march, of arbitrarineſſe and injuſtice, to their great and inſupportable oppreſſions.

And truly ſuch Kingdomes, as have according both to the law of Nature and Nations, appeares 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 were5 therein juſtified, and protected by their own, and this Kingdome 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 freedome; And accordingly the Parliament hath de­clared it no reſiſtance of Magiſtracie, to ſide with the juſt Prin­ciples, and law of Nature and Nations, being that Law upon which we have aſſiſted you. And that the Souldiery may lawful­ly hold the hands of that Generall, who will turne his Cannon againſt his Army on purpoſe to deſtroy them; the Sea-men the hands of that Pylot, who wilfully runnes the Ship upon a Rock, (as our brethren of Scotland argued.) And ſuch were the pro­ceedings of our Anceſtors of famous memory, to the purchaſing of ſuch Rights and Liberties as they have enioyed through the price of their blood; and we (both by that and the later blood of our deare friends and fellow-Souldiers, with the hazard of our own) doe now lay claim unto.

Nor is that ſupreame end, (the glory of God) wanting in theſe caſes, to ſet a price upon all ſuch proceedings of Righteouſ­neſſe and Juſtice, it being one witneſſe of God in the World to carry on a Teſtimony againſt the Injuſtice and unrighteouſneſſe of men, and againſt the miſcarriages of Govermnents, when cor­rupted or declining from their primitive or originall glory.

Theſe things we mention, but to compare proceeding, and to ſhew that we are ſo much the more iuſtifiable, and warranted in what we do, by how much we come ſhort of that height and meaſure of proceedings, which the people in free Kingdomes and Nations have formrly practiced.

Now having thus farre cleared our way in this buſineſſe, we ſhall proceed to propound ſuch things as we do humbly deſire for the ſetling and ſecuring of our own and the Kingdomes com­mon right, freedome, 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: whereof6 the late elections in Cornwall, Wales and other parts of the King­dome afford ſo many examples, to the great prejudice of the peo­ples freedome in the ſaid elections.

2. That thoſe perſons, who have, in the unjuſt and high pro­ceedings againſt the Army, appeared to have the will, the confi­dence, credit, and power, to abuſe the Parliament, and the Army, and indanger 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 diſperſt, and in the condition of private men) or to other the free-born 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 our ſelves, as that the world ſhall ſee we aime 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 generall confuſion have indeavoured to put the Kingdom into a new flame of warre, then which nothing is more abhorrent to us.

But becauſe neither the granting of this alone, would be ſuffi­cient to ſecure our own, and the Kingdoms 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 deſigne onely 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.

9That indeed wee cannot but wiſh, that ſuch men, and ſuch onely, might be preferred to the great power and truſt of the Common-wealth, as are approved, at leaſt, for morall righteouſ­neſſe; And of ſuch wee cannot but in our wiſhes preferre thoſe, that appeare acted thereunto by a principle of Conſcience and Re­ligion in them. And accordingly we doe and ever ſhall bleſſe God for thoſe many ſuch Worthies, who, through his providence, have been choſen into this Parliament; And, to ſuch mens endea­vours (under God) wee cannot but attribute that Vindication, (in part) of the peoples Rights and Liberties, and thoſe begin­nings of a juſt Reformation, which the firſt proceedings 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 wee are ſo farre from deſigning, or complying to have an abſolute or arbitrary power fixed or ſetled for continuance, in any perſons whatſoever, as that, (if we might be ſure to obtaine it) wee cannot wiſh to have it ſo in the perſons of any, whom wee could moſt confide in, or who ſhould appeare moſt of our own opinions or principles, or whom wee might have moſt perſonall aſſurance of, or intereſt in, but wee doe, and ſhall much rather wiſh, that the Authoritie of this Kingdome in Parliaments (right­ly conſtituted, that is, freely, equally and ſucceſſively choſen, ac­cording to its originall intention) may ever ſtand and have its courſe. And therefore wee ſhall apply our deſires, chiefly to ſuch things, as (by having Parliaments ſetled in ſuch a right Conſtitu­tion) may give moſt hopes of Juſtice and Righteouſneſſe, to flow downe, equally to all, in that its ancient Channell, without any Overtures, tending either to overthrow, that foundation of Order and Government in this Kingdome, or to ingroſſe that power for perpetuity into the hands of any particular perſons, or party whatſoever.

And for that purpoſe, though (as wee have found it doubted by many men, minding ſincerely the publique 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 the10 Election of New, the Conſtitution of ſucceeding Parliaments, (as to the perſons Elected) may prove for the worſe many wayes; yet ſince neither in the preſent purging of this Parliament, nor in the Election of New, wee cannot promiſe to our ſelves, or the Kingdome, an aſſurance of Juſtice, or other poſitive good from the hands of men, but thoſe who for preſent appeare 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 then the former. Wee therefore humbly conceive, that, (of two inconveniences the leſſe being to be choſen) the maine thing to be intended in this caſe (and beyond which humane pro­vidence cannot reach, as to any aſſurance of poſitive good) ſeemes 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 doe to particular parties (or to the whole, in particular things,) during their reſpective termes, or periods, yet they ſhall not have the temptation or advantage of an unlimited power fixt 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 Communitie, and the enſlaving of the Kingdome unto all poſte­ritie, but that the people may have an equall hope, or poſſibili­tie, 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 ca­pacitie, to taſt of ſubjection as well as rule, and may ſo be incli­ned to conſider of other mens caſes, as what may come to be their owne. This wee ſpeake of, in relation to the Houſe of Commons, as being entruſted, on the peoples behalf, for their intereſt in that great and ſupreame power of the Common-wealth, (viz. the Le­giſlative power, with the power of finall judgement,) which being, in its own nature, ſo arbitrary, and in a manner unlimited (un­leſſe in point of time) is moſt unfit and dangerous (as to the peo­ples intereſt) to be fixt in the perſons of the ſame men during life, or their own pleaſures. Neither, by the originall Conſtitution of11 this State, was it, or ought it to continue ſo, nor does it (where­ever it is, and continues ſo) render that State any better then a meere Tyranny) or the people ſubjected to it, any better then Vaſſalls: But in all States, where there is any face of common free­dome, and particularly in this State of England (as is moſt evi­dent, both by many poſitive Lawes, and ancient conſtant cuſtome) the people have a right to new and ſucceſſive Elections unto that great and ſupreame truſt, at certain periods of time, which is ſo eſſentiall and fundamentall to their freedome, 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 wee would not be miſ-underſtood, in the leaſt, to blame thoſe Worthies of both Houſes, whoſe zeale 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 Kings 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 wee take to be the principall ends and grounds, for which, in that exi­gency of time and affaires, it was procured, and to which wee ac­knowledge it hath happily been made uſe of; but wee cannot thinke it was by thoſe Worthies intended, or ought to be made uſe of, to the perpetuating of that ſupreame truſt and power in the perſons of any during their owne pleaſures, or to the debar­ring of the people from their right of Elections (totally new) when thoſe dangers or exigencies were paſt, and the affaires and ſafety of the Common-wealth would admit of ſuch a change.