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A95706 Thirty-five articles made and established by the rebells, the lords, and the rest of the Generall Assembly of that part of the kingdome of Ireland (now in rebellion) met at the citie of Kilkenny, Anno Dom. 1642 Ireland. General Assembly at Kilkenny. 1643 (1643) Wing T917; Thomason E246_36; ESTC R11309 7,064 7

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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