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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
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