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A90169 Orders establisht in the popish generall assembly, held (under the specious pretence of supreme authority, and being his Majesties good subjects) at the city of Kilkenny in Ireland. Wherein both root and branches of the English nation, as also the very essence of Protestant religion are wholly struck at. Ireland. General Assembly at Kilkenny. 1643 (1643) Wing O398; Thomason E60_19; Thomason E91_9; ESTC R353 7,751 16

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heare and determine all matters of the Crown as Judges of Oyer and Terminer and Goale delivery were wont to doe so that no spirituall person be present at the determining of matters of blood and shall have power to heare and determine all civill Causes and to establish Rents and Possessions so they meddle not with the title of land other then in case of Dower or Joynture and the Sheriffs Provinciall Generals and all Commanders of the Armies in case of disobedience are respectively required to execute the Decrees and Orders and in case of Debts and Accompts great consideration is to be had of the disabilities of Creditors occasioned by the warre 7. Item In every County there shall be a County Councell consisting of one or two of each Barony at the election of the County and where there are not Baronies the Councell of such County to consist of the number of twelve and the said County Councell shall have power and authority in all points as Justices of the Peace to heare and determine all matters concerning the Offices of the Justices of Peace and all matters of the Crowne happening within every such County and the Delinquent being a Free-holder may if he please have his triall in the Province and heare and determine debts trespasses and personall demands and to doe all things as Justices of the Peace were accustomed to doe and to restore and establish Possessions taken by force or fraud since these troubles and likewise to take a speciall care that Tenants and Farmers bee kept to their Farms where they were used and to be preserved from extortion and oppression and that Trades Tradesmen Manufactures Agriculture and Husbandry bee maintained and duly kept 8. Item In every County there shall be Corronors high Sheriffs high Constables petty Constables and Goalors who are to do their respective 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 Command Orders and Decrees of the Provinciall and County Councell 9. Item In Cities and Towns Corporate Justice is to be done and the Lawes executed as is accustomed 10. Item In every County the high Sheriffe shall be Provost Marshiall and shall have power to execute a lay man not worth five pounds and none other for murder man-slaughter burglary theft robbery or other capitall offence provided the party to be executed may have foure and twenty houres time to prepare his soule and that the Supreme or Provinciall Councell shall and may name more Provost Marshialls as they shall think expedient quallified with the like authority 11. Item It is further ordered that no temporall Government or Jurisdiction shall be assumed kept or exercised in this Kingdome or within any County or Province thereof during these troubles other then is before expressed except such Jurisdiction and Government as is or shall be approved by this Generall Assembly or the Supreme Councell 12. Item It is further ordered that whosoever hath entred since the first day of October 1641. or shall hereafter during the continuance of the warre in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of October either by himselfe or his under Tenants or by receiving the Rents Issues or Profits thereof shall immediately restore upon demand the said Possession to the party or parties so put out with such reasonable dammages as the Councell Provinciall or Supreme shall think fit and if the party refuse to restore the said Possession as aforesaid upon demand of the party so put out his heires or assignes made to the said possessor his servants or adherents in the premises or publication of this Order within the parish where such land lieth that upon his or their deniall thereof or default therein he his heires and assignes shall be for ever after debarred and secluded from all and every right title interest and demand 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 immediately restore the possession of the said lands tenements or hereditaments so gained to the party grieved his heires or assignes that he they and his or their adherents in the premises shall be declared and proceeded with as enemies Provided and so it is meant that if any of the parties so put out be declared a Neuter or enemy by the Supreme or Provinciall Councell then the party who gained the possession as aforesaid shall give up the possession to such Person or Persons as shall be named either by the said Councell Provinciall or Supreme Councell to be disposed of towards the maintenance of the generall Cause upon the paine and penalty aforesaid And as for the Rents and meane Profits of the said lands ●●●●menes and hereditaments and all kinde of Rents and the goods or chattels taken or detained from any Catholike as aforesaid due satisfaction is to be made for the same to the parties from whom the Rents Goods or Chattels were or shall be detained since these troubles begun as the Provinciall Councell or County Councell shall respectively order 13. Item It is further ordered and established for the removeall of evill disorder and enmity and to the end that all men may bend their thoughts and actions to the Common Cause that all possessions of Lands and Hereditaments shall continue and remaine unto such as have already joyned in this union as they have beene for three years past next before the begining of these troubles and that no title of Lands shall be drawn into any debate or question untill the next Assembly other then in case of Morgages Leases and particular estates de facto determined or determinable by effluction or other determination thereof 14. Item For the avoiding of nationall distinction between the subjects of his Majesties Dominions which this Assembly doth utterly detest and abhor which ought not to be endured in a well governed Common wealth It is ordered and established that upon paine of the highest punishment which may be inflicted by authority of this Assembly that every Roman Catholike as well English Welsh and Scotch who was of that Profession before the troubles and who will come and please to reside in this Kingdom joyn in the present union shall be preserved and cherished in his life goods and estate by the power authority and force if need require it of all the Catholikes of Ireland as full and freely as any Native borne therin shall be acquitted eased of one third part in three parts to be divided of publique charges or leavies raised or to be raised for the maintenance of this holy warre 15. Item And it is further ordered established that there shall be no distinction or comparison made betwixt old Irish and old or new English or betwixt