worth 5. l. and none other for murder manslaughter burglary thefts robbery or other capitall offence Provided the person to be executed may have 24. houres times to prepare his soule and that the supreame Councell or Provinciall Councell shall and may name more Provest Martia's as they shall think expedient qualified with the like authority 13. Item It is further ordered that no temporall government or jurisdiction shall be assumed kept or exercised in this Kingdome or within any Countie or Province thereof during these troubles other then as is before expressed except such jurisdiction and government as is or shall be approved by this generall Assembly or the supreame Councell 14. Item It is further ordered that whosoever hath entred since the 1. of Octob. 1641. or shall hereafter during the continuance of the warre in this Kingdome enter into the lands tenements or hereditaments of any person or persons who hath been in possession of such lands tenements or hereditaments at or immediately before the 18 day of Octob either by himself or his under tenants or by the renewing the rents issuâ—s or profits thereof shall immediately upon demand restore the said possession to the partie or parties so put out with such reasonable damages as the Councell Provinciall or supreame Councell shall think fit or if the partie refuse to restore the said possession gained as aforesaid upon demand of the partie so put out his heires or assignes made to the said possessor his servants or adherents in the premisses or publication of this Order within the Parish where such lands lieth that upon his or their denyall 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 partie his heires or assignes shall not immediately restore the possession of the said lands tenements and hereditaments to the party grieved his heires or assignes that he and they and his and their adherents in the premisses shall be declared and proceeded with as enemies Provided and so it is meant that if any of the said parties so put out and be declared a neuter or enemy by the Provinciall and supreme Councell that the partie who gained the possession as aforesaid shall give up the possession to such person or persons as shall be named either by the said County Provinciall or supreame Councell to be disposed of towards the maintenance of the generall cause upon the paine and penaltie aforesaid And as for the rents and main profits of the said lands tenements and hereditaments and all kind of rents and the goods and chattels taken or detained from any Catholique as aforesaid due satisfaction is to be made of the same to the parties from whom the same goods rents or chattels were or shall be taken or bestowed since these troubles began as the Provinciall councell or countie councell shall respectively order 15. Item it is further ordered and established for the removall of evill disorder and enmitie and to the end that all men may bend their thoughts and actions to the common cause that all possessions of lands and tenements shall continue and remaine unto such as have already joyned in this union as they have been for three yeers past next before the beginning of these troubles and that no title of land shall be drawn into any debate or question untill the next Assembly other then in case of Mortgages Leases and particular estates de facto determined or determinated by effluction or other determination thereof 16. Item For the avoiding Nationall distinction between the Subjects of His Majesties Dominions which this Assembly doth utterly detest and abhorre and which ought not to be endured in a well governed Common-wealth it is ordered and established that on paine of the highest punishment which may be inflicted by the authoritie of this present Assembly that every Romane Catholique as well English Welsh or Scots who was of that profession before these troubles and who will come and please to reside in this Kingdom and joyne in this present Union shall be preserved and cherished in his life goods and estates by the power authority and force if need require of all the Catholiques of Ireland as full and freely as any native born therein and shall be acquitted and eased of one third part in 3. parts to be divided of publique charges and leavies raised or to be raised for the maintenance of this holy warre 17. Item It is further ordered and established that there shall be no distinction or comparison betwixt old Irish and old or new English or betwixt sexe or families or betwixt Citizens or Townsmen and countreymen joyning in this Union upon paine of the highest punishment that can be inflicted by any of the Counsell aforesaid according to the nature and qualitie of the offence and division like to spring from thence 18. Item It is further ordered and established that all new converts born in any of His Majesties Dominions or else where without manifest occasion given by the persons converted to the coritry and joyning in this cause shall be accounted as Catholiques and natives to all intents and purposes 19. Item It is further ordered and established that all the Artificers Artians Navigators and Marriners not being denizons who shall please to reside in this Kingdom shall during their residence in this Kingdom after such time as they and their families shall be here setled have and enjoy the free liberties and priviledges of nature in all respects 20. Item It is further ordered and established that in regard of the present estate and condition of the Kingdom of England no native of this Kingdome especially if he be a Catholique or any other Catholique is permitted to continue in the Innes of Court And to the end the laudible Laws of England and Ireland may not die amidst the disasters of these times one Inne of Court shall be erected in such place of the Kingdome as to the supreame shall be thought fit for the training of the Gentry of the Kingdom to the knowledge of these Laws 21. Item It is further ordered and established for the advancement of learning that in every Province in this Kingdom Free-Schools shall be erected and maintained so many and in such places and in such manner and forme as to the Metropolitane and Ordinary of the Diocesse in their respective Provinces shall be thought fit 22. Item It is further ordered and established that no Lord Gentleman or other person shall raise or keep any company of souldiers but such as shall be authorised by the supreame Councell Provinciall Councell or County Councell or Magistrate within their own corporate Towns And that the Statutes against Sesse Coynees or Livery be duely put in execution and that no company of souldiers whatsoever shall be payed or
relieved by the countrey excepting such as are or shall be enrolled in the Martials Lists and none shall be billited but by the Constable 23. Item It is further ordered and established that Church-lands and tithes impropriate in the hands of Catholique owners before these troubles joyning in this cause may be left to them according to their severall estates untill the same be disposed of by Parliament they in the intrim answering their rents as accustomed 24. Item It is further ordered and established that the Kings customes rents revenewes arreares and dues and the rents issues and profits of the lands hereditaments and goods and chattels of the enemies which are or shall be declared by the Provinciall or Supreame Counsell or by the generall Assembly to be received and collected and be disposed for his Majesties use and service 25. Item It is further ordered and established that in every Countie there be Collectors and Receivers to be appointed by the Countie Counsell and that they be accountable to the said County Counsell for the same which Countie Counsell shall be accountable to the Provinciall therein halfe yearely and Provinciall Counsell to the Supreame Councell yearely to the end the same may not be concealed or unsupplyed 26. Item It is ordered and agreed that where any Archbishop Bishop or other dignitary or any other person or persons whatsoever hath or enjoyed any lands tenements or hereditaments tythes or Church-livings in one Countie or Province or doth or shall keepe his or their residence in another Countie or Province or hath his or their relation or nomination in another Countie or Province that in all such cases the profits accrewing out of all such lands tenements or hereditaments tythes or Church-livings to the generall use shall be imployed in the said Countie and Province where the said lands tenements and hereditaments tythes or Church-livings doe lye as by the severall Countie Counsell respectively shall be thought fit for the publique cause 27. Item It is ordered and established by the said Generall Assembly that any woman being a Romane Catholique and wife of any Protestant or Catholique that hath forsaken his houses estate and wife and adhere unto the enemy that every such wife may enter into her Joynture if any be conveyed unto her or may recover her thirds of her said husbands estate as if her said husband were actually dead and that every such wife shall be in such condition or capacitie to suc and be impleaded as if her shid husband had exiled or abjured the Realme by Judgement of Law except the Provinciall or Supreame Councell in particular cases order the contrary 28. Item It is ordered and established that the possession of Protestants Archbishops Bishops Deanes Dignitaties and Parsons in the right of their respective Churches or their tenements in the beginning of these troubles shall be deemed taken and construed as the then possession of the Catholique Archbishops Bishops Deanes Dignitaties Pastors and their Tenants respectively to all intents and purposes and that those possessions are intended within the precedent order for settlement of possessions 29. Item It is ordered and established that no man being prisoner by authoritie of any the Councells aforesaid shall be enlarged without the order of the said Councells respectively and that no Protection be given to servants or other men of the enemies partie without the like order of the chiefe Commander of the Armie in the severall Provinces or Counties 30. Item That whereas abuses have been committed in some parts of this Kingdome in taking of Armes Ammunition and other Merchandises from severall Merchants arrived in Creekes or Harbours farre from their intended Port. By reason of Tempest or the danger of the enemy to the great discouragement of the Merchants it is therefore ordered and established that where any Ship or Shippes or other Vessell shall come or arrive in any Harbour Key or Creeke within this Kingdome Loaden with Armes Ammunition or other Merchandises that in such Cases all those who are or shall be in Command in the adjacent Counties respectively shall protect and defend the said Merchants their goods and servants and shall at the charges of the said Merchants procure carriage for the said goods and safely convey the same to the said Merchants intended Port and not to suffer the same or any of the same under colour of paying for the same or otherwise to be disposed of or taken before the same come to the intended Port and be entered into the Lists of the Commissioners or the expresse direction or writing of the said Commissioners any that shall rob steale or violently take away any of the said goods contrary to this order shall be deemed and punished as enemies to the publique good of this Kingdome and suffer death therefore 31. That certain Commissioners shall be appertained in every Port Towne of the Freemen and Residents therein by the Provinciall or supreame Councell for the viewing of all the Armes and Ammunition that shall be hereafter imported into this Realme from beyond the Seas and to certifie the same to the supreame Councell with all speed and to prevent abuses in the sale or issuing or disposing of them 32. Item It is ordered and established that where souldiers do run from other Garrisons or Commanders unto other countreys and Provinces That the commanders or chief Governours of the said County or Province upon complaint made thereof shall send back the said fugitive souldiers to their Commanders to be dealt with according to justice 33. Item It is ordered and established that the debts and other duties owing to creditors of this Union being Neuters and Enemies shall be payed out of the goods lands tenements and hereditaments of the said Neuters and Enemies respectively before any other publique charge be answered thereout 34. Item it is ordered and established that no souldiers or other persons without command from the county counsell meddle with the goods or lands of Neuters or Enemies 35 Item It is ordered and established that to prevent the springing up of all Nationall distinctions the Oath of association Union be taken solemnly after confession and receiving the Sacrament in the Parish churches throughout the Kingdome and the names of all the persons of ranke and qualitie in every Parish that takes the same be enrolled in parchment and be returned signed and sealed by the Parish Priest to the Ordinatie of every Diocesse who is to keep the same in his Treasurie and to certifie a copie thereof under seale to the Metropolitane who is to keep that and to certifie a true copy thereof under his Metropoliticall seale to the Rolls of the Kingdom where the same is to be enrolled LONDON Printed by T. P. and M. S. in Goldsmiths-Alley 1643. March the sixt FINIS
and commanded by the Malignant party who are enemies to God our King and his Majesties well affected Subjects this Assembly is necessitated during this warre in some formalities and circumstances to deviate from the proceedings prescribed by the said Lawes and Statutes Neverthelesse reteining the substance and essence thereof so far forth as the endlesse malice and cruelty of their enemies the said malignant party doth permit who shut the said places and other passages and wayes to his Majesties justice and mercy from his Majesties well affected Subjects of this Kingdome For the exaltation therefore of the holy Romane Catholique Church for the advancement of his Majesties service and the preservation of the lives estates and liberties of his Majesties true Subjects of this Kingdome against the injustice murthers massacres rapes depredations robberies burnings frequent breaches of publique faith and quarter and destruction daily acted and perpetrated upon his Majesties said Subjects and advised contrived and daily executed by the malignant party some of them managing the Government and affaires of State in Dublin and some other parts of this Kingdome to his Highnes great disservice and complying with their confederates the malignant party in England and else-where who as it is manifest to all the world doe complot and practice to dishonour and destroy his Majestie his royall Consort the Queene their children and Monarchicall Government which is of most dangerous consequence to all the Monarches and Princes of Christendome 5. The said Assembly doth order and establish a Counsell by the name of a Supreame Councell of the confederate Catholiques of Ireland who are to consist of the number of 24 to be forthwith named shall reside in this Citie or where else within this Kingdome they shall thinke expedient and the members of the said Councell shall have equall votes and two parts of 3. or more concurring present votes to conclude and no fewer to sit in Counsell then 9. whereof 7. at least are to concurre and of the 24. a President shall be named by this Assembly who is to be one of the said 12. resident And in case of his death absence or sicknes the rest of these who shall be resident may name a Vice-President to the 24. And this Assembly is forthwith to name a Secretary and Clerk of the said Counsell the Secretary to be of the said 24. And the Counsell shall have the power and preheminencies following viz. The Lords Generalls and other Commanders of Armies and civill Magistrates and Officers in the severall Provinces shall observe their orders and decrees and shall doe nothing contrary to these directions and shall give them speedie advertisements and account of their proceedings and actions with as much expedition as may be that the said Counsell shall have power to order and determine all such matters as by this Assembly shall be left undetermined and shall be recommended unto them And their orders therein to be of force untill the next Assembly and after untill the same be revoked That the said Counsell shall have power authoritie to question and inflict condigne punishment upon all Commanders of Armies exempted from the power of the Generalls and upon the Generalls themselves and upon all Governours Magistrates and other persons of what degree or qualitie soever and upon any of themselves in causes of delinquency 6. That the said Counsell shall have power and authoritie to doe and execute all manner of arts and things conducing to the advancement of the Catholique cause and good of this Kingdome and concerning this warre as if done by this Assembly and shall have power to heare and ordaine all matters capitall criminall or civill excepting the right or title of Land 7. That the Generalls or other Commanders of Armies and all Governours and civill Magistrates and all other persons within this Realme shall obey the orders and decrees of the said Councell touching the present service that the said Counsell shall have for their Guard the number of 500. foot and 200. horse to be equally extracted out of the Armes of the foure Provinces It is further ordered and established that in every Province of this Kingdome there shall be a Provinciall Councell and in every Countie a Countie Councell the Provinciall Councell to be composed of the number of two of each Countie and the said Provinciall Councell shall choose a President of themselves 8. That the Provinciall Councell shall sit foure times a yeare and oftner if there be cause for it that they shall have power and authoritie to renew or reverse the Judgements of the County counsels the partie complaining entring security de adjudicant seluendum and shall during the troubles have power to heare and determine all matters of the Crown as Judges of Oyer and Terminer Jayle Delivery were wont to do so that no speciall 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 possessions so they meddle not with Tithe of land other then in case of Dower or Joynture and the Sheriffes Provinciall Generals and all Commanders of the Armies in case of disobedience are respectively required to execute their Decrees and Orders and in case of debts and Accounts great consideration is to be had of the disabilitie of Creditors occasioned by the warre 9. Item in every Countie there shall be a County Counsell consisting of one or two of each Barrony at the election of the County and where there are no Barronies the Counsell of such Countie to be of the number of 12. and the said Countie Counsell shall have power and authoritie in all points of Justices of the Peace to hear and determine all matters concerning the offices of Justice of Peace and all matters of the Crown hapning 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 do all things as Justices of the Peace were accustomed for to do and to restore and establish possessions taken by force or fraud since these troubles And likewise to take a speciall care that Tenants Farmers be kept to their Farmes where they were used and to be preserved from extortion and oppression and that Trades Tradesmen Manufactures Agritculture and husbandry be maintained and Markets daily kept 10. Item In every County there shall be Coroners high Sheriffes high Constables petty Constables and Goaler who are to do their respective offices as accustomed the high Sheriffe to be confirmed or nominated by the supreame Counsell out of 3. to be presented by the Counsell and high Sheriffe is required to execute the commands Orders and Decrees of the Provinciall and Countie Councell 11. Item In Cities and Towns corporate Justice is to be done and the Laws executed as accustomed 12. Item In every Countie the high Sheriffe shall be Provest Marshall and shall have power to execute a Layman not