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A46045 Orders made and established by the Lords spirituall and temporall, and the rest of the general assembly of the Kingdome of Ireland met at the citty of Kilkenny, the foure & tvventith day of October Anno Domini 1642 and in the 18 yeare of the raigne of our Soueraigne Lord King Charles, by the grace of God King of Great Brittaine, France, and Ireland &c. Ireland. Parliament. 1642 (1642) Wing I426A; ESTC R16395 7,839 24

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Orders made and established by the Lords Spirituall and Temporall and the rest of the general Assembly of the Kingdome of Ireland met at the Citty of Kilkenny the foure tvventith day of October Anno Domini 1642. and in the 18. yeare of the raigne of our Soueraigne Lord King Charles by the Grace of God King of Great Brittaine France and Ireland c. INPRIMIS that the Roman Catholike Church in Ireland shall haue enioy its priuiledges immunities according to the Great Charter enacted or declared within the Realme of England in the ninth yeare of the raigne of King Henry the third sometymes King of England and Lord of Ireland and afterwards enacted and confirmed in this Realme of Ireland and that the common Law of England and all the Statutes of force in this Kingdome which are not against the Catholike Roman Religion or the liberty of the Natiues and other subiects of this Kingdome shal be obserued throughout the whole Kingdome and that all proceedings in Ciuill or Criminall causes shal be according to the said Lawes 2. Item that all and euery person and persons within this Realme shall beare faith and true Alleagiance vnto our said Soueraigne Lord King Charles by the grace of God King of Great Brittaine France and Ireland his Heires and lawfull Successours shall vphould and maintaine his and their rights and lawfull prerogatiues with the vttermost skill power of euery such person and persons against all manner of persons whatsoeuer 3. Item that the Common Lawes of England and Ireland and the said Statute called the Great Charter and euery clause braunch and article thereof and all other Statutes confirming expounding or declaring the same shal be punctually obserued within this Realme so farforth as the condition of the present tymes during this warre can by possibility giue way thereunto and after the warre is ended the same to be obserued without any limitation or restriction whatsoeuer 4. Item For as much as the Citty of Dublin the vsuall and principall seate of sustice of this Kingdome where the Parliaments and ordinary Courts were held and some other places where the Prouinciall Councels were sometimes kept are as yet possessed commaunded by the malignant Party who are enemyes to God their King and all his Maiesties well affected subiects this Assembly is necessitated during this warre in some formalities and circumstances to deuiate from the proceedings prescribed by the said Lawes and Statutes yet neuerthelesse retayning the substance and essence thereof so farforth as the endlesse malice and cruelty of their Enemies the said malignant Party doth permit who shut vp the said places and all other passages and wayes to his Maiesties iustice mercy from his Maiesties well affected subiects of this Kingdome For the exaltation therfore of the Holy Roman Catholicke Church for the aduancement of his Maiesties seruice the preseruation of the liues estates liberties of his Maiesties true subiects of this Kingdome against the iniustice murders massacres rapes depredations robberies burnings frequent breaches of publicke fayth and quarter and destruction daily acted and perpetrated vpon his Maiesties said subiects and aduised contriued continually executed by the said malignant Party some of them managing the Gouerment and affaires of Estate in Dublin and in some other partes of this Kingdome to his Highnes greatest disseruice complying with their confederats the malignant Party in England and elswhere who as it is manifest to all the world doe complot and practise to dishonour and destroy his Maiesty his Royall Consort the Queene their Children and Monarchicke Gouerment which is of most dangerous consequence to all the Monarckes and Princes of Christendome The said Assembly doth order and establish a Councell by the name of Supreme Councell of the confederate Catholiks of Ireland who are to consist of the number of foure and twenty to be forthwith named by this Assembly wherof twelue at the least to be forthwith named shal reside in this Citty or where else within this Kingdom they shall thinke expedient and the members of the said Councell are to haue equall votes and two partes of three or more concurring present votes to conclude and no fewer to sit in Councell then nyne wherof seauen at the least are to concurre And of the foure and twenty a President shal be named by this Assembly who is to be one of the said twelue resident and in case of his death absence or sicknes the rest of those who shal be resident may name a Vice-president of the foure and twenty and this Assembly is forthwith to name a Secretary and Clarke of the said Councell the Secretary to be of the said foure and twenty and the said Councell shall haue the powers and preheminences following vz. That Lords-Generalls and all other Commaunders of Armies and Ciuill Magistrates and Officers in the seuerall Prouinces shall obserue their Orders and Decrees and shall do nothing contrary to their directions and shall giue them speedy aduertisment and account of their proceedings and actions with as much expedition as may be That the said Councell shall haue power to order and determine all such matters as by this Assembly shal be left vndetermined and shal be recommended vnto them and their orders therin to be of force vntill the next Assembly and after vntill the same be reuoked That the said Councell shall haue power and Authority to question and inflict condigne punishment vpon all Commaunders of Armies exempted from the powers of Generalls and vpon the Generalls themselues and vpon all Gouernours Magistrats and other persons of what degree or quality soeuer and vpon any of themselues in case of delinquency That the said Councell shall haue Power Authority to doe and execute all manner of acts and things conducing to the aduancement of the Catholicke Cause and Good of this Kingdome and concerning this warre as if done by this Assembly and shall haue power to heare and determine all matters Capitall Criminall or Ciuill excepting the right or Title of Land That the Generalls and other Commaunders of Armies and all Gouernours and Ciuill Magistrats and all other person within this Realme shall obey the orders and decrees of the said Councell touching the present seruice That the said Councell shall haue for their guarde the number of fiue hundred foote and two hundred horse to be equally extracted out of the Armies of the foure Prouinces 5. It is further ordered and established that in euery Prouince of this Kingdome there shal be a Prouinciall Councell and in euery County a County-Councell the Prouinciall Councell to be composed of the number of two of ech County and the said Prouinciall Councell shall choose a President of themselues 6. That the Prouinciall Councell shall sit foure tymes a yeare and oftener if there be cause for it That they shall haue power and authority to reuiew or reuerse the Iudgments or Decrees of the County-Councells the party complayning entring security
de adiudicaris soluendis And shall during the troubles haue power to heare and determine all matters of the Crowne as Iudges of Oyer and Terminer and Goale-deliuery were wont to doe so that no Spirituall person be present at the determining of matters of bloud And shall haue power to heare and determine all Ciuil Causes and to establish recent possessions so they meddle not with title of Land other then in case of Dower or Ioyntures And the Sheriffes Prouinciall Generalls all Commaunders of Armies in case of disobedience are respectiuely required to execute their decrees and orders and in case of debts and accounts great consideration is to be had of the disability of Creditours occasioned by the warre 7. Item in euery County there shal be a County-Councell consisting of the number of one or two of ech Barony at the election of the County and where there are no Baronies the Councell of such County to be of the number of twelue and the said County-Councell shall haue power authority in all points as Iustices of Peace to heare determine all matters concerning the office of Iustice of Peace all matters of the Crowne happening within euery such County the delinquent being a Freehoulder may if he please haue his triall in the Prouince and to heare and determine debts trespasses personall demaunds and to doe all things as Iustices of Peace were accustomed to doe and to restore and establish possessions taken by force or fraude since these troubles likewise to take especiall care that Tenants and Farmers be kept to their Farmes where they were vsed and be preserued from extortion and oppression and that Trade Tradesmen Manufactories Agriculture and Husbandry be maintained and Markets duely kept 8. Item that in euery County there shal be Coroners high Sheriffes high Constables petty Constables Goalers who are to doe their respectiue offices as accustomed the high Sheriffe to be confirmed or nominated by the supreme Councell out of three to be presented by the County-Councell and the High Sheriffe is required to execute the Commaunds Orders Decrees of the Prouinciall and County-Councell 9. Item in Cittyes and Townes corporate Iustice is to be done and the Law executed as accustomed 10. Item in euery County the high Sheriffe shal be Prouost-Marshall and shall haue power to execute a Layman not worth fiue pounds and none other for murther manslaughter burglary theft robbery or other capitall offence Prouided the person to be executed may haue foure and twenty houres tyme to prepare his soule and that the supreme Councell or Prouinciall Councell shall may name more Prouost-Marshalls as they shall thinke expedient qualified with the like authority 11. Item it is further ordered and agreed that no temporal Gouerment or iurisdiction shal be assumed kept or exercised within this Kingdome or within any Prouince or County therof during these troubles other then as before is expressed excepting such Iurisdiction and Gouerment as is or shal be approued or instituted by this generall Assembly or the supreme Councell 12. Item it is further ordered that whosoeuer hath entred since the first day of October 1641. or shall herafter during the cōtinuance of the warre in this Kingdome enter into the Lands Tenements or Hereditaments of any person or persons who haue beene in possession of such Lands Tenements or Hereditaments at or immediatly before the said first of October either by himself or his vnder tenants or by receauing of the rents issues or profits therof shall immediatly vpon demaund restore the said possession to the party or parties so put out with such reasonable domages as the County Prouinciall or supreme Councell shall thinke fit and if the party refuse to restore the said possession so gained as aforesaid vpon demaund of the party so put out his Heires or Assignes made to the said possessor his seruants or adherents in the premisses or publication of this order within the Parish where such Land lyeth that vpon his or their deniall therof or default therin he his heires and Assignes shall for euer after be debarred and secluded from all and euery right title interest or demaund which he or they may make or pretend to all or any the said Lands Tenements or Hereditaments and if after such deniall or default made the said party his Heires or Assignes shall not immediatly restore the possession of the said Lands Tenements or Hereditaments so gained to the party grieued his Heires or Assignes that then he and they and his and their adherents in the Premisses shal be declared and proceeded with as enemies Prouided and so it is meant that if any of the said parties so put out be declared a Newter or Enemy by the supreme or Prouinciall Councell to the generall Cause that then the party who gained the possession as aforesaid shall giue vp the possession to such person or persons as shal be named either by the said County Prouinciall or supreme Councell to be disposed of towards the maintenance of the generall Cause vpon the paine and penalty aforesaid And as for the Rents maine Profits of the said Lands Tenements and Hereditaments all kind of Rents Goods or Chattles taken or detained from any Catholike as aforesaid due satisfaction is to be made for the same to the parties from whome the same Rents Goods or Chattles were or shal be taken or detained since these troubles began as the Prouinciall Councell or County-Councell shall respectiuely order 13. Item it is further ordered and established for the remouall of all Ciuill disorder and enimity and to the end all men may bend their thoughts and actions to the common Cause that all possessions of Lands and Hereditaments shall continue and remaine vnto such as haue allready ioyned in this vnion as they haue beene for three yeares past next before the beginning of these troubles and that no title of Land shal be drawne into any debate or question vntill the next Assembly other then in case of Morgages Leases and particular estates de facto determined or determinable by effluxion or other determination therof 14. Item for the auoyding of Nationall distinction betweene the subiects of his Maiesties Dominions which this Assembly doth vtterly detest and abhorre and which ought not to be indured in a well gouerned Commonwealth It is ordered and established that on paine of the highest Punishment which may be inflicted by authority of this Assembly that euery Roman Catholike as well English as Welsh and Scottish who was of that profession before these troubles and who will come and please to reside in this Kingdome and ioyne in the present vnion shal be preserued and cherished in his life goods and estate by the power and authority and force if need require it of all the Catholikes of Ireland as fully and freely as any Natiue borne therin and shal be acquitted and eased of one third part in three parts to be deuided of publicke charges and