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A95471 Tvvo petitions of the sequestred clergie of England and Wales. One, to the King's most excellent Majestie: the other, to Sir Thomas Fairfax. With the declaration of the generall, and his Councell of Warre thereupon. As also, his Majesties proclamation against intruding into other mens cures, and detaining their tythes. Fairfax, Thomas Fairfax, Baron, 1612-1671.; England and Wales. Sovereign (1625-1649 : Charles I); England and Wales. Army. Council. 1647 (1647) Wing T3516; Thomason E400_36; ESTC R201766 4,609 8

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equity and justice that so as well the Parishioners as the Intruders and all others whom it doth concerne may take notice thereof and conforme themselves thereunto and that the Parishioners may prevent thereby such further Inconveniences as may happen to them if they shall pay the dues of this Harvest justly belonging to the rightfull Incumbents to any unjust and usurping Intruders Which that they may be the better fore-warn'd of they may take notice of His Majesties Proclamation to this purpose formerly publisht by Royall authority and still in force and now re-printed as followeth C R HONI SOIT QVI MAL Y PENSE By the KING ¶ A Proclamation against the Oppression of the Clergy by the Intrusion of Factious and Schismaticall Persons into their Cures and inverting and detaining their Tithes and Possessions by Orders of one or both Houses of Parliament contrary to all Law and Justice WHereas by the great Charter of the Liberties of England it is provided that the Church should have all its Rights whole and Liberties inviolable amongst others the Church hath these priviledges That regularly no Ecclesiasticall Possessions may be extended seized or sequestred but by the Ordinary And that Distresses may not be taken of Lands wherewith Churches have been anciently endowed And that Churches presentative cannot be filled and the lawfull Incumbents thereof removed but by the Ordinary nor the Cure of the Incumbents served by Curats Lecturers or others but by their owne appointment or in their default by the appointment of the Ordinary neither are any of Our Subjects of the Laity by the Common Lawes of Our Realme capable to take or receive Tithes which are the portion of the Clergy unlesse by demise from them or such as are appropriate and made Lay-Fee Neverthelesse by colour of Orders or pretended Ordinances of one or both Houses of Parliament the Estates Reall and Personall as well of Our Clergy as Laity have been and are daily seized sequestred and taken from them their Possessions distrained for illegall Taxes and Contributions for supporting the Rebellion against Vs Which being clearly against law and unwarrantable We did forbid by Our Proclamation of the seventh of April last and doe hereby forbid the same under the penalties in that Our Proclamation contained And whereas divers of Our Clergy eminent for their Piety and Learning because they publish Our lawfull and just Commands and Declarations and will not against the knowne Lawes of the Land and their owne Consciences submit to Contributions nor publikely pray against Vs and Our Assistants but conform themselves to the Book of Common Prayer established by Law and preach Gods Word according to the purity thereof and in their Sermons will not teach Sedition nor will publish illegall Commands and Orders for fomenting the unnaturall Warre levied against Vs are some of them driven and forced from their Cures and Habitations some others frienced and discharged from the exercise of their Cures and persecuted and their Curats if Orthodox or placed and others who are Factious and Schismatical intruded and put in to sow Sedition and seduce Our good Subjects from their obedience expresly contrary to the Word of God and the Lawes of the Land and the Glebes Tithes and other emoluments of right belonging to such Incumbents as will not conforme to that Faction are diverted in all Parishes where such Arbitrary power prevailes and distributes part to such lacious Curates and the rest to the maintenance of this War against Law the Liberties of the Church Our Will and Pleasure therefore is and We doe hereby straily charge and command all Our Subjects as well Ecclesiasticall as Temporall not to presume to intermeddle in discharging or hindering any of Our said Clergie for the cause aforesaid or any other the like pretences or any of them from the exercise of their Cures and Functions or in displacing the said Curats substituted by them nor doe presume to intrude or cause any Curats Lecturers or others to be intruded or put into such Cures or to take or dispose the Glebes Tithes Fruits or Emoluments belonging to any of Our said Clergy who are so silenced forced from their Cures and persecuted as aforesaid And We doe hereby require and command all Our Subjects duly to set forth and pay their Tithes to their severall and respective lawfull Incumbents of their Parishes or to their Farmors Assignes or Deputies without any guilt or fraud and so as the same may be received and enjoyed by the same Incumbents without any diminution substraction or diversion notwithstanding any sequestration or pretended Orders or Ordinances or other command whatsoever of one or both Houses of Parliament And if any person or persons whatsoever shall presume to transgresse this Our Command We doe hereby declare and signifie That they doe not onely oppugne and infringe the good old Lawes of the Land and the Liberties of the Church which all Our Subjects as well as Our Selfe are bound to maintaine and observe but doe also assist a Rebellion against Vs for which We shall proceed against them according to Law as they shall be apprehended and brought to the hands of Iustice and will give direction for taking their Lands and Goods into safe custody in the meane time And We doe hereby farther straitly command and require all Church-Wardens Sides-men Parishioners whatsoever to resist such persons as shall be so intruded or put in into any of the Cures aforesaid by or upon pretext of any such pretended Orders or Ordinances or commands as aforesaid and to assist as much as in them lyeth the lawfull Incumbents their Curats Farmors Assignes or Deputies in the receiving taking and enjoying the Glebe Tithes Fruits and Emoluments to them of right belonging Willing and commanding all Sheriffes Mayors Bayliffes Iustices of Peace Constables Head-boroughs and other Our Officers and loving Subjects whatsoever upon their Allegiance and the severest punishment that by the Law may be inflicted upon them not onely to obey and observe carefully these Our commands but to be aiding and assisting to the utmost of their power to all such persons as shall require their assistance and protection in this behalfe and to resist and repell by force of Armes all such as shall oppose this Our Legall command And Our Will and Pleasure is That this Our Proclamation be read in all Churches and Chappell 's in this Our Kingdome Given at Our Court at Oxford the fifteenth day of May in the nineteenth yeare of Our Reigne God save the King