ORDERS Established in the Popish general Assembly, Held (under the specious pretence of Supreme Authority, and being his Majesty's 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. Impune quaelibet facere id est Regemesse. LONDON, Printed by Richard Bishop, for Lawrence Blaiklock, and are to be sold at the Sugarloaf within Temple Bar, 1643. Orders made and established by the Lords Spiritual and Temporal, and the rest of the General Assembly for the Kingdom of Ireland, met at the City of Kilkenny the 24th day of October Anno Dom. 1642. and in the 18th year of the Reign of our Sovereign Lord King CHARLES by the Grace of God King of Great Britain, France, and Ireland, etc. IMprimis, That the Roman Catholic Church in Ireland shall and may have and enjoy the Privileges and Immunities, according to the great Charter made and declared within the Realm of England in the ninth year of King Henry the third, sometimes King of England, and Lord of Ireland, and afterwards enacted and confirmed in this Realm of Ireland; and that the Common Law of England, and all the Statutes of force in this Kingdom which are not against the Catholic Roman Religion, or the liberties of the Natives and other liberties of this Kingdom, shall be observed throughout the whole Kingdom, and that all proceed in civil and criminal causes shall be according to the said laws. 2. Item, That all and every person and persons within this Realm shall bear Faith and true Allegiance unto our Sovereign Lord King Charles by the Grace of God King of great Britain, France, and Ireland, his Heirs, and lawful Successors, and shall uphold and maintain his and their Rights, and lawful Prerogatives with the utmost skill & power of such person or persons, against all manner of persons whatsoever. 3. Item, That the common Laws of England and Ireland, and the said Statutes, called the great Charter, and every Clause, Branch, and Article thereof, and all other Statutes confirming, expounding, or declaring the same, shall be punctually observed within this Kingdom, so fare forth as the condition of the present times, during these times, can by possibilities give way thereunto; and after the war is ended, the same to be observed without any limitation or restriction whatsoever. 4. In as much as the City of Dublin is the usual and principal seat of Justice of this Kingdom, where the Parliament and ordinary Courts were held, and some other places where principal Counsels were sometimes kept, are as yet possessed and commanded by the Malignant party, who are enemies to God and their King, and his Majesties well affected Subjects; this Assembly is necessitated, during this war in some formalities and circumstances, to deviate from the proceed prescribed by the said Laws and Statutes, nevertheless retaineth the substance and offence thereof, so fare forth as the endless malice and cruelty of their enemies, the said Malignant party doth permit; who shut up the said places, and other passages and ways to his Majesty's Justice and Mercy, from his Majesties well affected Subjects of this Kingdom: For the exaltation therefore of the holy Roman Catholic Church, for the advancement of his Majesty's service, and the preservation of the lives, estates, and liberties of his Majesty's true Subjects of this Kingdom, against the Injustice, Murders, Massacres, Rapes, Depredations, Robberies, Burning, frequent breaches of Public Faith, and Quarter and Destruction daily perpetrated and acted upon his Majesties said Subjects, and advised contrived and daily executed by the said Malignant party; some of them managing the Government and Affairs of State in Dublin, and some other parts of this Kingdom, to his Highness' greatest 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 practise to dishonour and destroy his Majesty, his Royal Consort the Queen, their Issue, and Monarchal Government, which is of most dangerous Consequence to all the Monarches and Princes of Christendom. The said Assembly doth Order and establish a Council by name of a Supreme Council, of the Confederate Catholics of Ireland, who are to consist of the number of four and twenty, to be forthwith named by the Assembly; whereof twelve at the least to be forthwith named, 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 three or more concurring, present Votes to conclude; and no fewer to sit in Council then nine, whereof seven at least are to concur: and of the four and twenty a Precedent shall be named by the Assembly, who is to be one of the said twelve resident; and if in case of his death, absence, or sickness, the rest of these who shall be resident, may name a Vicepresident of the said four and twenty: and the said Council shall have the Power and Pre-eminence 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 proceed 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 Catholic Cause, and good of this Kingdom, and concerning this war, as if done by the Assembly; and shall have power to hear and determine all matters capital, criminal, or civil, excepting the right or title of Land. That the Generals, or other Commanders of Armies, and all Governors or 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 five hundred Foot and two hundred Horse, to be equally extracted out of the Armies of the four Provinces. 5. Item, It is further ordered and established, that in every Province of this Kingdom there shall be a Provincial Council, and in every County a County Council: the Provincial Council to be composed of the number of two of each County, and the said Provincial Council shall choose a Precedent of themselves. 6. That the Provincial Council shall sit four times a year, and oftener if there be cause for it; that they shall have power and authority to renew or reverse the Judgement of the County Council, the party complaining entering 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 Goal delivery, were wont to do, so that no spiritual person be present at the determining of matters of blood; and shall have power to hear and determine all civil Causes, and to establish Rents and Possessions, so they meddle not with the title of land other then in case of Dower or Jointure: 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 occasioned by the war. 7. Item, In every County there shall be a County Council, consisting of one or two of each Barony, at the election of the County: and where there are not Baronies, the Council of such County to consist of the number of twelve, and the said County Council shall have power and authority in all points, as Justices of the Peace, to hear and determine all matters concerning the Offices of the Justices of Peace, and all matters of the Crown happening within every such County; and the Delinquent, being a Freeholder, may if he please have his trial in the Province, and 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 preserved from extortion and oppression; and that Trades, Tradesmen, Manufactures, Agriculture, and Husbandry be 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 Sheriff to be confirmed or nominated by the Supreme Council out of three to be presented by the County Council, and the high Sheriff is required to execute the Command, Orders, and Decrees of the Provincial and County Council. 9 Item, In Cities and Towns Corporate Justice is to be done, and the Laws executed as is accustomed. 10. Item, In every County the high Sheriff shall be Provost Martial, and shall have power to execute a lay man not worth five pounds, and none other, for murder, manslaughter, burglary, theft, robbery, or other capital offence, provided the party to be executed may have four and twenty hours' time to prepare his soul; and that the Supreme or Provincial Council shall and may name more Provost Marshialls, as they shall think expedient, qualified with the like authority. 11. Item, It is further ordered, 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, approved by this General Assembly, or the Supreme Council. 12. Item, It is further ordered, that whosoever hath entered, 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 October, either by himself 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 damages, as the Council Provincial 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 heirs or assigns, 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 denial thereof, or default therein, he, his heirs and assigns 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 denial or default made, the said party, his heirs or assigns shall not immediately restore the possession of the said lands, tenements, or hereditaments so gained to the party grieved, his heirs or assigns, 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 Provincial Council; 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 Council Provincial, or Supreme Council, to be disposed of towards the maintenance of the general Cause, upon the pain and penalty aforesaid. And as for the Rents and mean Profits of the said lands, ●●●●menes, and hereditaments, and all kind of Rents, and the goods or chattels taken or detained from any Catholic, 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 Provincial Council, or County Council shall respectively order. 13. Item, It is further ordered and established for the removeall of evil 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 remain unto such as have already joined in this union, as they have been for three years past▪ next before the beginning of these troubles, and that no title of Lands shall be drawn into any debate or question, until the next Assembly, other then in case of Mortgages, Leases, and particular estates de facto determined, or determinable by effluction or other determination thereof. 14. Item, For the avoiding of national distinction between the subjects of his Majesty's 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 pain of the highest punishment which may be inflicted by authority of this Assembly, that every Roman Catholic, 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, & join 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 Catholics of Ireland, as full and freely as any Native borne therein, & shall be acquitted & eased of one third part in three parts to be divided, of public charges or levies, raised or to be raised for the maintenance of this holy war. 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 septs and families, or betwixt Citizens & Townsmen & Countrymen joining in this union, on pain of the highest punishment that can be inflicted by any the Counsels aforesaid, according to the natureland quality of the offences and division like to spring thence. 16. Item, It is further ordered and established, that all new Converts borne in any his Majesty's Dominions, or elsewhere, without manifest occasion given by the persons converted, to the contrary, and joining in this Cause, shall be accounted Catholics and Natives to all intents and purposes. 17. Item, It is further ordered & established, that all Artificers, Artisans, Navigators, & Mariners, not being Denizens, who shall please to reside in this Kingdom, shall during their residence in this Kingdom, after such time as they & their familles shall be here settled, have and enjoy their free liberties and privileges of Natives in all respects. Item, It is further ordered & established; that in regard of the present estate & condition of this kingdom, especially if he a Catholic, or any other Catholik, is admitted of, or permitted to continue in the Ins of Court, & to the end the laudable laws of Eng. & Ireland may not die amidst the disasters of these times one In of Court shall be erected in such place of this kingdom as to the supreme Council shall be thought fit for the training of the Gentry of this kingdom to the knowledge of these laws. 19 Item, It is further ordered and established, that no Lord, Gentleman, or other person, shall raise or keep any company of soldiers, but such as shall be authorized by the supreme Council, Provincial Council, or County Council, or Magistrate, with their own corporate Towns, and that the Statute against Sesse & Coin or Livery be duly put in execution; and that no company or soldiers whatsoever shall be paid or relieved by the Country, excepting such as are; or shall be enroled in the Marshals list, and none shall be billeted but by the Constable. 20. Item, It is further ordered & established for the advancement of learning, that in every Province of this kingdom, Free schools shall be erected & maintained, so many & in such places and in such manner & form as to the Metropolitan of the Diocese in their respective Provinces shall be thought sit. 21. Item, It is further ordered and established, that the King's Customs, Rents, Revenues, Arrears, and Deuce, and the Rents, Estates, and Profits of the Lands, Hereditaments, Goods, and Chattels of the enemies which are, or shall be declared by the Provincial or Supreme Council, or by the General Council, be received and collected, and be disposed for his Majesty's use and service. Item, It is further ordered and established, that Church Lands and Tithes impropriate in the Catholic owners before these troubles, and joining in this Cause, may be left to them according to their several Estates, until the same be disposed of by Parliament, they in the interim answering the Rents as accustomed. 23. Item, It is further ordered and established, that in every County there be Collectors and Receivers to be approved by the County Council for the same, and that they be accountable to the County Council for the same; which County Council shall be accountable to the Provincial Council therein halfe-yearly, and the Provincial Council to the Supreme Council yearly, to the end the same may not be concealed or misapplied. 24. Item, It is ordered and agreed, where any Archbishop, Bishop, or other dignitory, or any other person or persons whatsoever, hath or enjoyeth any Lands, Tenements, or Hereditaments, Tithes, or Church live in one County or Province, or doth or shall keep his or their residence in another County or Province, and hath his or their creation or nomination in any other County or Province, where the said Lands, Tenements, and Hereditaments, Tithes, or Church live to the general use shall be employed within the said County and Province where the said Lands, Tenements, Hereditaments, Tithes, or Church live do lie, as by the several County Counsels respectively shall be thought fit for the Public Cause. 25. Item, It is ordered and established by the General Assembly, that any woman being a Roman Catholic, and wife of any Protestant, or Catholic that hath forsaken his houses, estate, and wife, and adhere unto the enemy; that every such wife may enter into her Jointure (if any be conveyed unto her) or may recover her thirds of her said husband's estate, as if her said husband were actually dead; and that every such wife shall be in such condition and capacity to sue and be impleaded, as if her husband had been exiled or banished the Realm by judgement of Law, except the Provincial or Supreme Council in particular cases order the contrary. 26. Item, It is ordered and established, that the possession of Protestant Archbishops, Bishops, Deans, Dignitories, and Parsons in right of their respective Churches, or their Tenements in the beginning of these troubles, shall be deemed taken, and construed as the then possessions of the Catholic Archbishops, Bishops, Deans, Dignitories, Pastors, and their Tenements respectively to all intents and purposes, and that those possessions are intended within the precedent Order for settlement of possessions. 27. Item, It is ordered and established, that no man being prisoner by authority of any the Counsels aforesaid, shall be enlarged without the Order of the said Counsels respectively, and that no protection be given to servants, or other men of the enemy's party without the like Order, or the Order of the chief Commander of the Army in the several Provinces of Counties. 28. Item, Whereas abuses have been committed in some parts of this Kingdom, in taking of Arms, Ammunition, and other Merchandizes from Merchants arrived in Creeks, or Harbours fare from their intended Port, by reason of tempest, or the dangers of enemies, to the great discouragement of the Merchants: It is therefore ordered and established, that where any Ship or Ships, or other Vessels, shall come, or arrive in any Harbour, Bay, or Creek within this Kingdom loaden with Arms, Ammunition, or other Merchandizes; 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 charge 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 List of the Commissioners, or by the express direction in writing of the said Commissioners; and any that shall rob, steal, or violently take away any of the said Goods, contrary to this Order, shall be deemed and punished as enemies to the public good of this Kingdom, and suffer death therefore. 29. Item, That certain Commissioners shall be appointed in every Port Town of the Freemen and Residents therein, by the Provincial or Supreme Council, for the viewing of all the Arms and Ammunition that shall be hereafter imported into this Realm from beyond the Seas, and to certify the same to the Supreme Council with all speed, and to prevent abuses in the sale, or issuing, or disposing of them. 30. Item, It is ordered and established, that where Soldiers do run from their Garrisons or Commanders, unto other Counties and Provinces, that the Commanders or chief Governors of the said County or Province, upon complaint made thereof, shall send back the said fugitive Soldiers to their Commanders, to be dealt withal according unto Justice. 31. Item, It is ordered and established, that the Debts, and other Duties owing to Creditors of this union, being Neuters and Enemies, shall be paid out of the Goods, Lands, Tenements, and Hereditaments of the said Neuters and Enemies respectively, before any other public Charge be answered thereout. 32. Item, It is ordered and established, that no Soldiers, or other Persons, without command from the County Council, meddle with the lands, or goods of Neuters or Enemies. 33. Item, It is ordered and established, that to prevent the springing up of all Nationall distinctions, the Oath of Association or Union be taken solemnly after confession and receiving the Sacrament, in the Parish Churches throughout the Kingdom; and the names of all the Persons of Rank and Quality in every parish, that takes the same, be enroled in Parchment, and be returned, signed and sealed by the Parish Priest, to the Ordinary of every Diocese, who is to keep the same in his Treasury, and to certify a Copy thereof, under Seal, to the Metropolitan, who is to keep that, and to certify a true Copy thereof, under his Metropolitical Seal, to the Rolls of the Kingdom, where the same is to be enroled. FINIS.