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 war, in some formalities and circumstances, to deviate from the proceed prescribed by the said Laws and Statutes; Nevertheless, retaining the substance and essence thereof, so far forth as the endless malice and cruelty of their enemies the said malignant party doth permit, who shut 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, burn, frequent breaches of public 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 affairs of State in Dublin, and 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 children, and Monarchical Government; which is of most dangerous consequence to all the Monarches and Princes of Christendom. 5. The said Assembly doth order and establish a Counsel by the name of a Supreme Council of the confederate Catholics of Ireland, who are to consist of the number of 24 to be forthwith named, shall reside in this City, or where else within this Kingdom they shall think expedient, and the members of the said Council shall have equal votes; and two parts of 3. or more concurring, present votes to conclude, and no fewer to sit in Counsel then 9 whereof 7. at least are to concur; and of the 24. a Precedent shall be named by this Assembly, who is to be one of the said 12. resident. And in case of his death, absence, or sickness, the rest of these who shall be resident, may name a Vicepresident to the 24. And this Assembly is forthwith to name a Secretary and Clerk of the said Counsel, the Secretary to be of the said 24. And the Counsel shall have the power and preeminencies following; viz. The Lords, Generals, and 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 these directions, and shall give them speedy advertisements and account of their proceed and actions, with as much expedition as may be, that the said Counsel 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 Counsel shall have power & authority to question and inflict condign punishment upon all Commanders of Armies, exempted from the power of the Generals, and upon the Generals themselves, and upon all Governors, Magistrates, and other persons of what degree or quality soever; and upon any of themselves in causes of delinquency. 6. That the said Counsel shall have power and authority to do and execute all manner of arts and things conducing to the advancement of the Catholic cause, and good of this Kingdom, and concerning this war, as if done by this Assembly, and shall have power to hear and ordain all matters capital, criminal, or civil, excepting the right or title of Land. 7. That the Generals or 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 said Counsel shall have for their Guard the number of 500 foot and 200. horse, to be equally extracted out of the Arms of the four Provinces. 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. 8. 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 Judgements of the County counsels, the party complaining entering security (de adjudicant seluendum) and shall, during the troubles, have power to hear and determine all matters of the Crown as Judges of Oyer and Terminer, Jail Delivery, were wont to do; so that no special 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, possessions, so they meddle not with Tithe of land other then in case of Dower or Jointure; and the Sheriff's Provincial 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 disability of Creditors occasioned by the war. 9 Item, in every County there shall be a County Counsel consisting of one or two of each Barony at the election of the County; and where there are no Baronies, the Counsel of such County to be of the number of 12. and the said County Counsel shall have power and authority 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, happening within every such County; and the Delinquent being a Free, holder 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 for 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 Farmers be kept to their Farms 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 Sheriffs, high Constables, petty Constables, and Gaoler, who are to do their respective offices as accustomed; the high Sheriff to be confirmed or nominated by the supreme Counsel out of 3. to be presented by the Counsel and high Sheriff, is required to execute the commands, Orders, and Decrees of the Provincial and County Council. 11. Item, In Cities and Towns corporate, Justice is to be done, and the Laws executed as accustomed. 12. Item, In every County the high Sheriff shall be Provest Marshal, and shall have power to execute a Layman not worth 5. l. and none other, for murder, manslaughter, burglary, thefts, robbery, or other capital offence. Provided the person to be executed may have 24. hours' times to prepare his soul, and that the supreme Council or Provincial Council 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 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 as is before expressed, except such jurisdiction and government as is or shall be approved by this general Assembly, or the supreme Council. 14. Item, It is further ordered, that whosoever hath entered since the 1. of Octob. 1641. or shall hereafter during the continuance of the war in this Kingdom, 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, issue's, or profits thereof, shall immediately upon demand restore the said possession to the party or parties so put out, with such reasonable damages as the Council Provincial or supreme Council shall think fit; or if the party refuse to restore the said possession gained 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 lands 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 and hereditaments to the party grieved, his heirs or assigns that he, and they, and his and their adherents in the premises 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 Provincial and supreme Council, that 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 County 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 main profits of the said lands, tenements, and hereditaments, and all kind of rents, and the goods and chattels taken or detained from any Catholic 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 Provincial council or county council shall respectively order. 15. Item, it is further ordered and established, for the removal 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 tenements 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 land 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 determinated by effluction or other determination thereof. 16. Item, For the avoiding Nationall distinction between the Subjects of His Majesty's Dominions, which this Assembly doth utterly detest and abhor, and which ought not to be endured in a well governed Commonwealth, it is ordered and established, that on pain of the highest punishment which may be inflicted by the authority of this present Assembly, that every Roman Catholic, 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 join 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 Catholics 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 public charges and levies raised, or to be raised for the maintenance of this holy war. 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 sex or families, or betwixt Citizens or Townsmen and countrymen joining in this Union, upon pain of the highest punishment that can be inflicted by any of the Counsel aforesaid, according to the nature and quality 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 Majesty's Dominions, or else where without manifest occasion given by the persons converted to the coritry and joining in this cause, shall be accounted as Catholics and natives to all intents and purposes. 19 Item, It is further ordered and established, that all the Artificers, Artians, Navigators and Mariners, not being denizens, 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 settled, have and enjoy the free liberties and privileges 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 Kingdom; especially if he be a Catholic, or any other Catholic, is permitted to continue in the Inns of Court: And to the end the laudable Laws of England and Ireland may not die amidst the disasters of these times, one Inn of Court shall be erected in such place of the Kingdom, as to the supreme 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 form, as to the Metropolitan and Ordinary of the Diocese 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 soldiers, but such as shall be authorised by the supreme Council, Provincial Council, or County Council, or Magistrate within their own corporate Towns. And that the Statutes against Sesse Coynees, or Livery be duly put in execution: and that no company of soldiers whatsoever shall be paid or relieved by the country, excepting such as are or shall be enroled in the Marshal's Lists; and none shall be billeted but by the Constable. 23. Item, It is further ordered and established, that Church-lands and tithes, impropriate in the hands of Catholic owners before these troubles, & 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 their rents as accustomed. 24. Item, It is further ordered and established, that the King's customs, rents, revenues, arrears and deuce, 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 Provincial or Supreme Counsel, or by the general Assembly, to be received and collected and be disposed for his Majesty's use and service. 25. Item, It is further ordered and established, that in every County there be Collectors and Receivers to be appointed by the County Counsel, and that they be accountable to the said County Counsel for the same, which County Counsel shall be accountable to the Provincial therein half yearly, and Provincial Counsel to the Supreme Council yearly, 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, tithes, or Church-livings in one County or Province, or doth or shall keep his or their residence in another County or Province, or hath his or their relation or nomination in another County or Province, that in all such cases the profits accrueing out of all such lands, tenements, or hereditaments, tithes, or Church-livings, to the general use, shall be employed in the said County and Province where the said lands, tenements, and hereditaments, tithes, or Church-livings do lie, as by the several County Counsel respectively shall be thought fit for the public cause. 27. Item, It is ordered and established by the said 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 or capacity to suc and be impleaded, as if her shid husband had exiled or abjured the Realm by Judgement of Law, except the Provincial or Supreme Council in particular cases order the contrary. 28. Item, It is ordered and established, that the possession of Protestants, Archbishops, Bishops, Deans, 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 Catholic Archbishops, Bishops, Deans, 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 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 of the chief Commander of the Army in the several Provinces or Counties. 30. Item, That whereas abuses have been committed in some parts of this Kingdom, in taking of Arms, Ammunition, and other Merchandises from several Merchants arrived in Creeks or Harbours, fare 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 Ships, or other Vessel, shall come or arrive in any Harbour, Key, or Creek, within this Kingdom, Loaden with Arms, 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 express direction or writing of the said Commissioners; 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. 31. That certain Commissioners shall be appertained 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. 32. Item, It is ordered and established, that where soldiers do run from other Garrisons or Commanders unto other countries 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 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 paid out of the goods, lands, tenements and hereditaments of the said Neuters and Enemies respectively, before any other public charge be answered thereout. 34. Item, it is ordered and established, that no soldiers or other persons without command from the county counsel, 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 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 Ordinatie 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. LONDON, Printed by T. P. and M. S. in Goldsmiths-Alley. 1643. March the sixth. FINIS.