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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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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
leuyes raised or to be raised for the maintenance of this Holy warre 15. And it is further ordered and established that there shal be no distinction nor comparison betwixt old Irish and old or new English or betwixt septs and families or betwixt Cittizens or Townesmen and Contrymen ioyning in this vnion on paine of the highest punishment that can be inflicted by any of the Councells aforesaid according to the nature and quality of the offence and diuision like to springe arise from thence 16. Item it is further ordered established that all new Conuerts borne in any of his Maiesties dominions or elswhere without manifest occasion giuen those persons conuerted to the contrary and ioyning in this cause shal be accounted as Catholike Natiues to all intents and purposes 17. Item it is further ordered and established that all Artificers Artizans Nauigators and Marriners not being denizens who shall please to reside in this Kingdome shall during their residence in this kingdome after such tyme as they and their families shal be here setled haue and enioy the free liberties and priuiledges of Natiues in all respects 18. Item it is further ordered and established that whereas in regard of the present estate and condition of the Kingdome of England no Natiue of this Kingdome especially if he be a Catholike or any other Catholike is there admitted of or permitted to continue in the Innes of Court and to the end the laudable lawes of England and Ireland may not dye amidst the disasters of the tymes that one Inne of Court shal be erected in such place of this Kingdome as the supreme Councell shall thinke fit for the trayning vp of the Gentry of the Kingdome to the knowledge of those Lawes 19. Item it is further ordered and established for the aduancement of learning that in euery Prouince of this Kingdome Free-Schooles shal be erected and maintained so many and in such places and in such manner and forme as to the Metropolitan and Ordinary of the Diocesse in the respectiue Prouinces shal be thought fit 20 Item it is further ordered and established that no Lords Gentlemen or other persons shall raise or keepe any Companyes of souldiers or troopes of horse but such as shal be authorized by the supreme Councell Prouinciall Councell or County-Councell or Magistrate within their owne Corporate Towne and that the Statuts against Cesse Conye or Liuery be duely put in execution And that no company or souldiers whatsoeuer shal be payed or relieued by the County excepting such as are or shal be enrolled in the Marshalls list and none shal be billetted but by the Constables 21. Item it is further ordered and established that Church Lands and Tithes impropriate in the hands of Catholike owners before these troubles and ioyning in this cause may be left to them according to their seuerall estates vntill the same be disposed of by Parlamēt they in the interim answering their rents as accustomed 22. Item it is further ordered and established that the Kings Customes Rents Reuenewes Arreares and Duties and the rents issues and profits of Lands and Hereditaments and Goods and Chart●es of Enemies and Newters which are or shall be declared by the Prouinciall or supreme Councell or by the generall Assembly be receaued and collected and be disposed for his Maiesties vse and seruice 23. Item it is further ordered established that in euery County there be Collectours and Receauers to be appointed by the County-Councell and that they be accountable vnto the said County-Councell for the same which County-Councell shal be accountable to the Prouinciall Councell therin halfe yearely and the Prouincial Councell to the supreme Councell yearely to the end the same may not be cōcealed or misapplied 24. Item it is ordered and agreed that where any Arch-bishops Bishops or other Dignitarie or any person or persons whatsoeuer hath or enioyeth any Lands Tenements or Hereditaments Tithes or Church-liuings in one County or Prouince or hath or shall keep his or their Residēce in another County or Prouince that in all such cases the profits accrewing out of such Lands Tenements or Hereditaments tithes or Church-liuings to the generall vse shal be imployed within the said County or Prouince where the said Lands Tenements and Hereditaments tithes or Church-liuings doe lye as by the seuerall County-Councells respectiuely shal be thought fit for the publicke cause 25. Item it is ordered and established by the said generall Assembly that any woman being a Roman Catholike and wife to any Protestant or Catholicke that hath forsaken his house estate and wife and adheres vnto the Enemie that euery such wife may enter into her loynture if any be conueyed vnto her or may recouer the thirds of her said husbands estate as if her said husband were actually dead and that euery such wife shal be in such condition and capacity to sue and to be impleaded as if her said husbād had been exiled or abiured the Realme by iudgment of Law except the Prouinciall or supreme Councell in particular cases order the contrary 26. Item it is ordered and established that the possessions of the Protestant Arch-bishops or Bishops Deanes Dignitaries and Pastors in the right of their respectiue Churches or their Tenants in the beginning of these troubles shal be deemed taken construed as the then possessions of the Catholike Arch-bishops Deanes Dignitaries Pastors and their tenants respectiuely to all intents and purposes and that those possessions are intended within the precedent order for setlement of possessions 27. Item it is ordered and established that no man being prisoner by authority of any of the Councells aforesaid shal be enlarged without the order of the said Councells respectiuely and that no protection be giuen to seruants or other men of the Enemyes party without the like order of the chiefe Commaunder of the Army in the seuerall Prouinces or Countyes 28. Item that whereas abuses haue beene committed in some parts of this Kingdome in taking of Armes Ammunition or other Merchandizes from Merchants arriued in Creekes or Harbours far from their intended Port by reason of tempest or the danger of the Enemye to the greatest discouragement of the merchant It is therfore ordered established that where any ship or ships or other vessell shall come or arriue in any Harbour Bay or Creeke within this Kingdome laden with Armes Ammunition or other merchandizes that in such ease all those that are or shal be in Commaund in the adiacent Countyes respectiuely shall protect and defend the said merchants their goods and seruants and shall at the charges of the said merchants procure carriage for the said goods and safely conuey the same to the said Merchants intended Port and not to suffer any of the same vnder colour of paying for the same or otherwise to be disposed of or taken before the same come vnto the intended Port and be entred into the list of the Commissioners by the expresse direction in writing of the said Commissioners and that any who shall robbe steale or violently take any of the said goods contrary to this order shal be deemed and punished as Enemyes to the publicke good of this Kingdome and suffer death therefore 29. That certaine Commissioners shal be appointed in euery Port-towne of the Freemen Residents therin by the Prouinciall or supreme Councell for the viewing of all the armes ammunition that shal be hereafter imported into this Realme from beyōd Seas and to certifie the same to the supreme Councell with all speed and to preuent abuses in the sale or issuing or disposing of them 30. Item it is ordered and established that where Souldiers doe run from their Garrisons or Commaunders vnto other Counties or Prouinces that the Commaunder or chiefe Gouernour of the said County or Prouince vpon complaint made therof shall send backe the said fugitiue Souldiers to their Commaunders to be dealt with according to lustice 31. Item it is ordered and established that the debts and other duties owing to creditors of this vnion by Newters and Enemies shal be payed out of the goods Lands Tenements and Hereditaments of the said Newters and Enemies respectiuely before any other publicke charge be answered therout 32. Item it is ordered and established that no Souldier or other person without Commaund from the County-Councell shall meddle with the Goods or Lands of Newters or Enemyes 33. Item it is ordered and established that to preuent the springing vp of all Nationall distinctions the Oath of Association or Vnion be taken solemnely after Confession and receauing of the Sacrament in the Parish Churches throughout the Kingdome and the names of all Persons of ranke and quality in euery parish who takes the same be enrolled in Parchment and be returned signed and sealed by the Parish Priest to the Ordinary of euery Diocesse who is to keep the same in his Treasury and to certifie a coppy therof vnder seale to the Metropolitan who is to keep that and to certify a true coppy therof vnder his Metropolitan Seale to the Rolles of the Kingdome where the same is to be enrolled Exam. per Richard Shee supr Conc. Cler. FINIS