rest to disobedience that they adjudged them less worthy of favour than the others whom they had misguided And therefore for those principal Persons they required them to take care not to be too forward without first consulting the Counsel-board in proffering or promising mercy to those unless they the said Commissioners saw it of great and unavoidable necessity They likewise writ to the Lords Presidents of Munster and Connaght advising them to be upon their Guards And that several of the Catholick Communion might not say but that they also were confided in the Lords Justices who were willing to continue all proofs imaginable of their confidence in them gave in November several Commissions of Government to the Lord Gormanston in Meath the Lord Mountgarret in Kilkenny Nicholas Barnewell in Dublin Walter Bagnall in Caterlagh the Lord Lowth in Lowth Sir Thomas Nugent in Westmeath Sir Robert Talbot in Wickloe the two Sir Dillon's in Longford and several others as well in Munster as Connaght and Ulster who contrary to the trust reposed in them not forbore to protect or endeavour'd to reduce any but soon after joyn'd with the Rebels and prov'd as violent if not worse against the Protestants as those who first appear'd in the Rebellion And because the Times required something extraordinary beyond the course of Common-Law the Lords Justices and Councel gave several Commissions of Martial-Law to the prime Gentlemen of the Pale all Roman Catholicks as to Henry Talbot in the County of Dublin John Bellew Esq in the County of Lowth Richard Dalton and James Tuit Esq in the County of Westmeath Valerian Wesley in the County of Meath James Talbot in the County of Cavan And understanding of Sir O-Neal's proceedings in Ulster the only person remaining of nearest alliance to the Earl of Tyrone how that he had surprized Charlemont where the Lord Caufield lay with his Foot-Company afterwards basely butcher'd by him the Lords Justices endeavour'd to reduce many to their obedience But the root of their Design being deeplier laid than on threats or encouragements to frustrate their hopes the Lords Justices hourly endeavour'd to fortifie his Majesty's Interests wih the most powerful Forces they could raise But in the interim the Magistrates of the City of Dublin perceiving great numbers of Strangers to come to Town from several Parts lingring in the Suburbs and Fields to the terror of the Inhabitants they repair'd to the Councel Board with much fear and astonishment beseeching the Lords Justices and Councel to inhibit the same lest the concourse of people promiscuously gathering in such a crowd might threaten the security of the City Whereupon their Lordships considering somewhat more than ordinary must necessarily be done in such an exigence caus'd some to be apprehended and immediately publisht a Proclamation in his Majesty's Name commanding all Persons not Dwellers in the City and Suburbs to depart within an hour after publication thereof upon pain of death in the interim and afterwards receiving all who applied themselves to the Lords Justices with singular friendship and integrity But the Magistrates growing still jealous of the concourse of people applied themselves again to their former refuge Whereupon the State that the Inhabitants might receive no dis-encouragement who were like to bear the brunt of all Taxes Levies and Supplies the 28th of October publisht a Proclamation to the same intent with the former with the penalty of death to such as wilfully harbour'd them However the Insolencies of the Rebels threatning even Dublin it self most of the prime Gentry of the County Justices of Peace looking on in all places and giving way to those hateful actions the State having intelligence from Dr. Jones a Service very remarkable that during his imprisonment amongst the Rebels at Cavan which ripen'd his integrity highly improv'd to the Service of the State they intended to besiege Tredath the Lords Justices the better to divert them from Dublin appointed Sir Henry Tichborn Col. and Governour of that Town Sir Faithfull Fortescue the former Governour finding Supplies not hastned with that speed he desir'd having resign'd up his Commission not being willing to lose his Reputation though he was forward enough to hazard his Person So the Lords Justices designing the said Sir Hen. Tichborn a Company of Foot and to compleat his Regiment order'd Sir John Borlase Junior Capt. Lt. Col. Byron Capt. Lt. Col. Wenmond Capt. Who though they had been all in former Employments Field-Officers yet out of their zeal to the present Service came as private Captains Jacob Lovell Serjeant Major who died in the Siege Capt. Chichester Fortescue Capt. William Willoughby Capt. Edward Billingsley Capt. Lewis Owens Capt. John Morris to associate him These they sent from Dublin the 3d. of November who happily arriv'd at Tredath the 4th having been enabled thereunto by 3000 l. most opportunely in the hands of the Vice-Treasurer intended before the Rebellion for the satisfaction of a publick Engagement in England Besides these there was sent Troops under Capt. John Slaughter Lt. to Sir Thomas Lucas Commissary-General Thomas Greimes Lt. to Sir Adam Loftus besides others which in their due time may be taken notice of These being gone to Tredath Sir Charles Coote had a Commission for a Regiment of the poor stripped English so likewise had the Ld. Lambert A little while after arriv'd from England Sir Thomas Lucas who commanded a Troop compleated with such Men as he found there also Capt. Armstrong rais'd a Troop Capt. Tardner soon after landed Lt. to the Ld. Lieutenant's Troop all very considerable not long after Col. Crafford came over also and bringing with him Letters from the Prince Elector then attending his Majesty in Scotland also rais'd a Regiment of the Townsmen and the poor dispoil'd English The State at that time had store of Arms and Ammunition by which these Souldiers and the rest were seasonably furnisht though as I have took notice what in confidence of the Loyalty of the Pale the Lords Justices had furnish'd many of the Lords and Gentlemen of Quality with were either slenderly if ever restor'd or made serviceable against his Majesty Yet for all this the Outrages of the Rebels still increasing adding to their Cruelties a pretended Commission under the Great Seal of Scotland from the King bearing date at Edinburgh the first of October 1641. though in his Majesty's Declaration to the Parliament's Resolution of no further Addresses it appears That the Scot's Great Seal which is said thus to be made use of had for many months before and after that date never seal'd any thing of which notwithstanding Sir Phelim O Neal and Rorie Mac-Guire from the Camp at Newry the 4th of November following gave notice to their Confederates within the Kingdom of Ireland incloseing in their Letters a Copy of the Commission a Copy of which is extant but so improbable as it needs an expiation to mention it the Lord Mac-Guire equally privy to all Transactions
who shut up the said places and other passages and ways to his Majesties Justice and Mercy from his Majesties well-affected Subjects of this Kingdom for the Exaltation therefore of the holy Roman Catholick Church for the advancement of his Majesties Service and the preservation of the Lives Estates and liberties of his Majesties true Subjects of this Kingdom against the Injustice Murders Massacres Rapes Depredations Robberies Burnings frequent breaches of Quarter and publick Faith and destruction daily perpetrated and acted upon his Majesties said Subjects and advis'd contriv'd and daily exercis'd by the said malignant Party some of them managing the Government and Affairs of State in Dublin some other parts of this Kingdom to his Highness great disservice and complying with their Confederates the malignant Party in England and elsewhere who as it is manifest to all the world do complot and practice to dishonour and destroy his Majesty his Royal Consort the Queen their Issue and the Monarchal Government which is of most dangerous consequence to all the Monarchs and Princes in Christendom The said Assembly doth order and establish a Councel by name A Supream Council of the Confederate Catholicks of Ireland who are to consist of the number of 24. to be forthwith nam'd by the Assembly whereof 12 at the least to be forthwith nam'd shall reside in this Kingdom or where-else they shall think expedient And the members of the said Council shall have equal Votes and two parts of the three or more concurring present Votes to conclude and no fewer to sit in Council than 9 whereof 7 at least are to concur And of the 24 a President shall be nam'd of the Assembly who is to be one of the twelve resident and if in case of his death absence or sickness the rest of these who shall be resident may name a Vice-president of the 24. And the said Council shall have the Power and preheminence following viz. The Lords Generals and all other Commanders of Armies and Civil Magistrates and Officers in the several Provinces shall observe their Orders and Decrees and shall do nothing contrary to their directions and shall give them speedy advertisement and account of their proceedings and actions with as much expedition as may be That the said Council 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 until the next Assembly and after until the same be revoked That the said Council shall have Power and Authority to do and execute all manner of Acts and things conducing to the advancement of the Catholick Cause and the good of this Kingdom and concerning this VVar as if done by the Assembly And shall have power to hear and determine all matters Capital Criminal or Civil except the Right or Title of Land That the Generals and other Commanders of Armies and all Governors and civil Magistrates and all other persons within this Realm shall obey the Orders and Decrees of the said Council touching the present Service That the Council shall have for their Guard the number of 500 Foot and 200 Horse to be equally extracted out of the Armies of the four Provinces 5. Item It is further ordered and establish'd that in every Province of this Kingdom there shall be a Provincial-councel and in every County a County-councel the Provincial-councel to be compos'd of the number of two of each County and the said Provincial-councel shall chuse a President for themselves 6. That the Provincial-councel shall sit four times a Year and oftner if there be cause for it That they shall have power and Authority to renew or reverse the Judgment of the County-councel the party complaining entring Security De adjudicat ' solvend ' And shall during the trouble have power to hear and determine all matters of the Crown as Judges of Oyer and Terminer and Gaol-delivery were wont to do so that no Spiritual person be present at the determining matters of blood And shall have power to hear and determine all civil Causes and to establish Rents and Possessions so that they meddle not with the Title of Land other than in case of Dower and Joynture And the Sheriffs Provincial-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 Accounts great consideration is to be had of the disabilities of Creditors occasion'd by the VVar. 7. Item In every County there shall be a County-councel consisting of one or two of each Barony at the Election of the County and where there are no Baronies the Councel of such County to consist of the number of 12. And the said County-council shall have power and Authority in all points as Justices of the Peace to hear and determine all the matters concerning the Offices of the Justice of Peace and all matters of the Crown happening within every such County and the Delinquent may if he please have his Trial in the Province and to hear and determine Debts Trespasses and personal Demands and to do all things as Justices of the Peace were accustomed to do and to restore and establish possessions taken by force or fraud since these troubles And likewise to take a special care that Tenants and Farmers be kept to their Farms where they were used and to be preserv'd from Extortion and Oppression And that Trades Tradesmen Manufactures Agriculture and Husbandry be maintained and duly kept 8. Item In Cities and Towns Corporate Justice is to be done and the Laws executed as is accustomed 9. Item In every County there shall be Coroners High-Sheriffs High-Constables and petty-Constables and Gaolers who are to do their respective Offices as accustomed the High-Sheriff to be confirm'd or nominated by the Supream Council and the High-Sheriff is required to execute the Commands Orders and Decrees of the Provincial and County-council 10. Item In every County the High-Sheriff shall be Provost-Marshal and shall have power to execute a Layman not worth 5 l. and none other for Murther Man-slaughter Burglary Theft Robbery or other capital Offence provided the party to be executed may have 24 hours time to prepare his Soul And that the Supream and Provincial-council shall and may name more Provost-Marshals as they shall think expedient qualified with the like Authority 11. Item It is further order'd that no Temporal Government or Jurisdiction shall be assumed kept or exercised in this Kingdom or within any County or Province thereof during these troubles other than is before expressed except such Jurisdiction and Government as is or shall be approv'd by the General Assembly or the Supream Council 12. Item It is further order'd that whosoever hath enter'd since the first day of October 1641. or shall hereafter during the continuance of the War in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of
of Trust issued his Orders viz. the 24th of October for the meeting of an Assembly at Loghreogh on the 15th of Novemb. and in the mean time on the 23d of Octob. for the better composing of the minds of men and preventing those distempers and jealousies which might be infused he writ from Enis to the Commissioners of Trust and took notice of that Declaration which was published in Scotland and told them That however the affronts put upon his Majesty had been many and were obstinately persisted in to that day and in such Places whereupon evidently depended the preservation or loss of the whole Kingdom whereof he had several times given notice to them and followed the ways advised by them for the reclaiming the said Places without success yet considering the Declaration gain'd from his Majesty was without hearing what could be said by the Nation in their own defence and such as involved it generally without exception â—n the guilt of Rebellion he thought it fit to let them know That since the Declaration was by undue means obtain'd from his Majesty he was resolved by all the means it should please God to offer unto him and through all hazards in the behalf of the Nation to insist upon and insert the lawfulness of the conclusion of the Peace by vertue of the aforesaid Authority and that the said Peace was still valid and of force and binding unto his Majesty and all his Subjects And herein he told them he was resolved by the help of God to persist until both himself and such as should in that behalf be intrusted and authorised by the Nation should have free and safe access to his Majesty and until upon mature and unrestrained consideration of what might on all sides be said his Majesty should have declared his Royal pleasure upon those Affronts that had been put upon his Authority Provided that in the mean time and immediately First That all the Acts Declarations and Excommunications issued by the Bishops met at James-town in August last against his Majesties Authority in him and the Peoples giving obedience thereunto should be by them revoked and such assurance given as should be agreed by him and the Commissioners of Trust that they nor any of them should attempt the like for the future and that they should contain themselves within the bounds prescribed by the Articles of Peace whereof they are Parties Secondly That it should be immediately declared by the Commissioners of Trust that the said Declaration Excommunication and other Proceedings of the said Bishops was an unwarrantable usurpation upon his Majesties just Authority and in them a violation of the Peace And that in case the Bishops should not give the assurance before expressed or having given it should not observe the same that they would endeavour to bring the offenders to condign punishment pursuant unto and as is prescribed by the Laws of the Kingdom as disturbers of the Peace of the Kingdom and obstructors of the means of preserving the same Thirdly That the like Declaration should be made by all that derive Authority from his Majesty Civil or Martial and by the respective Mayors Aldermen Common-Councils Burgesses and other Magistrates in all the Corporations of the Kingdom Fourthly That the Lord Lieutenant should be permitted to make his free and safe Residence in any Place he should choose within the Limits not possessed by the Parliament Fifthly That he should be immediately suffered to Garrison such Places and in such manner according to the Articles of Peace as he should find necessary for the defence of the Kingdom In the last place he wish'd them That some present course might be taken for his support in some proportion answerable to his Place yet with regard to the Kingdom which last he said he should not have proposed but that he was deprived of all his own Fortune whereupon he had wholely subsisted ever since his coming into the Kingdom The Commissioners of Trust received this Letter with all demonstrations of respect and satisfaction and the very next day return him an Answer in which after they had lamented the issuing out of that Proclamation in Scotland they said It greatly comforted them to understand that his Excellency was resolv'd through all hazards in behalf of the Nation to insist upon and assert the Peace and persist in so doing until he or such as should be intrusted and authorized by the Nation should have free and safe access unto his Majesty And as to those Proviso's which were expressed as necessary Conditions for the continuing amoâ—â—st them his Majesties Authority which notwithstanding the Declaration they said they did still reverence and embrace beside their general profession to act what lay within their power in the ways of his Majesties service for his Excellencies satisfaction they return'd these ensuing Answers As to the first concerning the revocation of those Acts Declarations and Excommunications issued by the Bishops and assurance demanded that nothing in that kind should be attempted for the future They said That his Excellency to whom they had often express'd their resentment of their proceedings might be confident they would labour as far as in them lay to see his Excellency satisfi'd in that particular and to that end they would all or some of them with his allowance and as he should think fit repair to Galway to treat with the Prelates on that Subject Unto the second they answered That albeit they knew by those Censures of the Bishops his Majesties Authority was invaded and an unwarranted Government set up contrary to the Laws of the Kingdom and that they were assured no Subject could be justly warranted by that Excommunication to deny Obedience to his Majesties Authority in his Excellency yet being of opinion that a publick Declaration of that kind in that conjuncture of Affairs ought properly and would with more countenance and Authority move from an Assembly than from them and that by such a publick Declaration than from themselves they should wholely obstruct the way to prevail with the Prelates to withdraw those Acts which was desired by the former Proposition and likewise endanger the Union that was necessary at present in opposing the common Enemy and prejudice the hopes of a more perfect Union for the future wherein the preservation of the Nation would principally consist They did therefore humbly beseech his Excellency to call an Assembly of the Nation from whom such a Declaration as might be effectual in that behalf and might settle those Distractions could onely proceed Tet if in the mean time and before the meeting of that Assembly those Censures then suspended should be revived they would endeavour to suppress their influence upon the People by such a Declaration as should become Loyal Subjects and men entrusted to see all due obedience unto his Majesties Government over the whole Kingdom To the third they answered That they would at all times and in such manner as his Excellency should think fit
the Mote in the County of Lonford William Farrall of Ballingtobber in the said County James mac Conell Farrall of Tenelecke in the said County Oliver Boy Fitz-Gerrald in the said County Pierse Fitz-Gerald of Ballysonan in the said County of Kildare Maurice Eustace of Castle-Martin in the said County Nicholas Sutton of Tipper in the said County Roger alias Rory O More of Ballynah in the said County William Fitz-Gerrald of Blackhall in the said County Robert Preston Brother to the Lord Viscount Gormastown James Flemen late of Slane in the County of Meath Brother to the Lord Baron of Slane Patrick Cusack of Gerrards-Town in the said County Edward Betagh of Monalty in the said County Gerrald Leins of the Knock in the said County Luke Netervill of Corballies in the County of Dublin Son to the Lord Viscount Netervill George King of Clontarfe in the said County Richard Barnewall of Lespopel in the said County Colonel Richard Plunkett late of Dunsoghlie in the said County Matthew Talbot late of Kilgobban in the said County John Stanley of Mallets-Town alias Marletts-Town in the said County of Lowth John Bellew of Willets-Town in the said County Christopher Barnewall of Rathaskett alias Rathasker in the said County and Oliver Cashell of Dundalk in the said County Instead of that Duty and Loyalty which His Majesties good and gracious Government might justly have wrought in them have returned nothing but those fruits of Treason and Rebellion to the disturbance of the publick Peace and happiness of this Kingdom and to the destruction as much as in them lay of this State and Government and of the Persons and Estates of many thousands of His Majesties good and faithful Subjects therein whereby they have shewed themselves to be most ungrateful detestable vile and unnatural Traytors and Rebells We therefore according to the custome of this Council-Board in cases of this nature though no former Rebellion can parrallel this for acts of Cruelty and horrid Crimes do by this present Proclamation in His Majesties Name and by his Majesties Authority Declare Publish and Proclaim them the said Sir Con Magenis Patric mac Cartan Art oge mac Glasny Magenis Ever mac Phelim Magenis Rory mac Brien oge Magènis Phillip mac Hugh mac Shane O Rely Phillip mac Mulmorry O Rely Mulmorry mac Edmond O Rely Hugh Boy mac Shane O Rely Owen mac Shane mac Phillip O Rely Rory Magwire Donogh Bane Magwire Brian mac Cowcannaght Magwire Sir Phelim O Neale Tirlagh Roe O Neale Tirlagh Groom O Quin Cormock mac Owin O Hagan Patrick Modder O Donnelly Art mac Tirlagh mac Henry O Neale Tirlagh mac Henry mac Tirlagh O Neale Hugh oge O Neale Donnogh oge O Murchie Collo mac Brien mac Mahowne Neale mac Kena Coolo mac Ever mac Mahowne Art Roe mac Patrick Art Moile mac Mahowne Captain Hugh mac Phelim Birne Shane mac Brien mac Phelim Birne Luke alias Feogh O Toole Luke alias Feogh mac Redmond Birne Redmond mac Feogh Birne Phelim mac Redmond Birne Dermot mac Dowlin Cavenagh Lewis alias Lisagh mac Owny Dempsie Art O Molloy Hubert Fox Owen O Molloy Florence mac Shane Fitz-Patrick Barnabie Dempsie Daniel Doine Barnabie Fitz-Patrick James mac Fergus mac Donell Francis mac Faghny O Farrall Will. Farrall James Conell Farrall Oliver Boy Fitz-Gerrald Pierse Fitz-Gerald Maurice Eustace Nich Sutton Roger alias Rory O More Will. Fiz-Gerald Robert Preston James Fleming Patrick Cusake Edw. Betagh Gerald Leins Luke Netervill George King Richard Barnewall Colonel Richard Plunkett Matthew Talbot John Stanley John Bellew Christopher Barnewall and Oliver Cashel and every of them and all their and every of their partakers aiders maintainers comforters confederates complices and associates apparent notorious ungrateful wicked vile and unnatural Traitors and Rebels against our most gracious Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. His Royal Crown and Dignity of of this Realm and malitious oppugners of His Majesties Royal Soveraignty Preheminences and Prerogatives willing therefore requiring warranting and authorizing all His Majesties good and loving Subjects to pursue and plague with Fire and Sword apprehend destroy and kill by all the ways and means they may all the said persons their partakers aiders maintainers comforters confederates complices and associates as apparent notorious ungrateful wicked vile detestable and unatural Traitors and Rebels And we do hereby make known to all men as well good Subjects as all others that whatsoever he or they be that shall betwixt this and the five and twentieth day of March next kill and bring or cause to be killed and brought unto Us the Lords Justices or other chief Governour or Governours of this Kingdom for the time being the head of the said Sir Phelim O Neal or of the said Sir Con Magenis or of the said Rory Magwire or of the said Phillip mac Hugh mac Shane O Rely or of the said Collo mac Brien mac Mahon who who were of the Principal Conspirators and have been the first and principal Actors in this present Rebellion he or they shall have by way of reward for every of the said last named persons so by him to be killed and his or their head or heads brought to Us the Lords Justices or other chief Governor or Governours of this Kingdom as aforesaid as followeth viz. for the head of the said Sir Phelim O Neal one thousand pounds for the head of the said Sir Con Magennis six hundred pounds for the head of the said Rory Magwire six hundred pounds for the head of the said Phillip mac Hugh mac Shane O Rely six hundred pounds for the head of the said Collo mac Brian mac Mahon six hundred pounds and Pardon for all his or their offences that shall kill and so bring in or cause to be killed and so brought in the said head or heads And whosoever shall within the mean time by any means slay or kill as aforesaid the said Sir Phelim O Neale Sir Con Magenis Rory Magwire Phillip mac Hugh mac Shane O Rely and Collo mac Brian mac Mahone or any of them though such person or persons so slaying or killing the said Traitors or any of them bring not or cause not to be brought to Us the Lords Justices or other chief Governor or Governours of this Kingdom the head or heads of the said Traitor or Traitors yet being justly proved shall forthwith upon proof so made receive the reward for the said Sir Phelim O Neal eight hundred pounds for the said Sir Con Magenis four hundred pounds for the said Rory Magwire four hundred pounds and for the said Phillip mac Hugh mac Shane O Rely four hundred pounds for the said Collo mac Brien mac Mahowne four hundred pounds and pardon for all his or their offences that shall kill the said last mentioned persons or any of them And forasmuch as the other Rebells above named have
Town Let him be sent to another Province County or Town where he may be safely kept and with less danger or loss of others remain 13. Whosoever shall be declared in one County or Province Adversary or Traitor of this Cause and Country shall likewise be held and punished in other Countries and Provinces where he shall be found and such as receive or favour him or be his Messengers knowing his misdemeanour shall be liable to such punishment as the Traitor himself 14. We Command and Ordain as a main point pertaining to this Union that no Province County City Town or Person whatsoever shall demand Peace or submit himself to the Enemies without the consent of the general Council of the whole Kingdom and that under pain of Excommunication to be incurred ipso facto and for further force of this Statute to be observed We will that in every Province a firm Oath be taken by the Peers Nobility Corporation and commonalty of every Province and thereupon a Publick and Authentical Instrument be made And that every Province do send into every other Province an Instrument subscribed with the proper hands of such as have taken this Oath for the assurance of their Oaths and whosoever shall refuse to take this Oath let him be held as Adversary of the common Cause and of the Kingdom and let him be punished as such as hereafter shall be declared except he be excused for the Reasons hereafter to be set down 15. The Ordinaries of every place The Preachers Confessors Parish-Priests and other Churchmen shall endeavour to see perfect peace and charity observed between Provinces Counties Cities and Families as the obligation of this Union requireth 16. Such Goods as well moveable as unmoveable pertaining to Catholicks as were recovered from the Enemies by this present War shall be restored to their former owners Provided that such necessary and reasonable charges shall be paid as the next general or Provincial Council or Commitees of the County where the Parties dwell shall decree 17. Whereas diverse persons do diversly carry themselves towards this Cause some with helps and supplies do assist the Adversaries others with Victuals and Arms others with their Advice and Authority supporting as it were the contrary Cause some also as Neuters behaving themselves and others lastly neglecting their Oath do forsake the Catholick Union and Cause We do therefore declare and judge all and every such as do forsake this Union do fight for our Enemies accompany them in their War defend or in any other way assist them as giving them Weapons Victuals Counsel or Favour to be Excommunicated and by these Presents do Excomunicate them Provided that this present Decree shall be first published in every Diocess respectively and having received admonition before hand which shall supply the treble admonition otherwise requisite and we do hereby declare so it be made in a place where it may easiy come to the knowledge of those whom it toucheth But as touching the Judgment and Punishment of the Neuters we leave it to the Ordinaries of every place respectively so that the Ordinaries themselves be not contrary to the Judgment and Opinion of this Congregation in which cause we Commit power to the Metropolitans or Archbishops to proceed against such Ordinaries according to the common course of Law wherein they are to be very careful and speedy and if the Metropolitans be found herein careless or guilty let them be lyable to such punishment as is ordained by the holy Canons and let them be accused to the See Apostolick 18. We Ordain and Decree that all and every such as from the beginning of this present War have invaded the Possessions of Goods as well moveable as unmoveable spiritual or temporal of any Catholick whether Irish or English or also of any Irish Protestant being not Adversary of this Cause and do detain any such Goods shall be Excommunicated and by this present Decree we do Excommunicate them if admonished they do not amend and with the like censure we do bind such as henceforward shall invade or detain such Goods and not only them but also all and every such as shall keep Lands or Possessions against publick authority as also such as favour or assist them therein And we declare involved in this censure all and every of them who directly or indirectly hinder or forbid to pay their due Rents unto such as have possessed the said Lands from the beginning of this War and such likewise as without the License of such Possessors do take or extort Rents or equivalent payment from the Tenants of such Possessors under colour of paying Souldiers therewith or otherwise 19. We command all and every the Churchmen as well Secular as Regular not to hear the Confessions of the aforesaid Excommunicated persons nor to Administer unto them the Holy Sacrament under pain of Excommunication ipso facto 20. VVe will and declare all those that Murther Dismember or grievously Strike all Theives unlawful Spoilers Robbers of any Goods Extortors together with all such as favour receive or any ways assist them to be Excommunicated and so to remain until they compleatly amend and satisfie no less then if they were namely Proclaimed Excommunicated and for satisfaction of such Crimes hitherto committed to be enjoyned we leave to the discretion of the Ordinaries and Confessors how to absolve them 21. Tradesmen for making Weapons or Powder brought into this Countrey or hereafter to be brought in shall be free from all Taxations and Customs as also all Merchants as shall transport into this Countrey such wares as are profitable for the Catholick Cause as Arms and Powder may lawfully traffick without paying any Custom for Commodities brought out of this Kingdom or transported hither of that kind and let this be Proclaimed in all Provinces Cities and Towns 22. We think it convenient that in the next National Congregation some be appointed out of the Nobility and Clergy as Embassadours to be sent in the behalf of the whole Kingdom unto the Kings of France and Spain to the Emperour and his Holiness and those to be of the Church Prelates or one of the Nobility and a Lawyer 23. We will and ordain that Ordinaries Dignitaries and other Properietors of Church livings with the assistance of the Colonel or some other prime Gentleman of the County Barony or Parish as the Ordinary and Dignitaries or Proprietors shall appoint do set unto Tenants the Lands Houses Tenements and Tithes and other Church livings and let competent means be appointed for the maintainance of the said Ordinaries Dignitaries and Proprietors and the rest to be appointed for the Souldiers until it be otherwise ordained 24. Collectors and Receivers of the Rents of Church-livings shall be appointed by the Ordinaries with the consent of the Proprietors in the presence of the chiefest Gentlemen of every County Barony or Parish respectively 25. The Ordinaries and other Proprietors of Church-livings may take unto themselves the Houses Tenements and