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A90169 Orders establisht in the popish generall assembly, held (under the specious pretence of supreme authority, and being his Majesties 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. Ireland. General Assembly at Kilkenny. 1643 (1643) Wing O398; Thomason E60_19; Thomason E91_9; ESTC R353 7,751 16

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ORDERS Establisht in the Popish generall Assembly Held under the specious pretence of Supreme Authority and being his Majesties 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 Sugar-loafe within Temple Barre 1643. Orders made and established by the Lords Spirituall and Temporall and the rest of the Generall Assembly for the Kingdom of Ireland met at the City of Kilkenny the 24th day of October Anno Dom. 1642. and in the 18th yeare of the Reign of our Soveraign Lord King CHARLES by the Grace of God King of Great Brittaine France and Ireland c. IMprimis That the Roman Catholike Church in Ireland shall and may have and enjoy the Priviledges and Immunities according to the great Charter made and declared within the Realme of England in the ninth yeare 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 Kingdome which are not against the Catholike Roman Religion or the liberties of the Natives and other liberties of this Kingdome shall bee observed throughout the whole Kingdome and that all proceedings in civill and criminal causes shall be according to the said laws 2. Item That all and every person and persons within this Realme shall beare Faith and true Allegeance unto our Soveraigne Lord King Charles by the Grace of God King of great Brittaine France and Ireland his Heires and lawfull Successors and shall uphold and maintaine his and their Rights and lawfull 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 Kingdome so farre forth as the condition of the present times during these times can by possibilities give way thereunto and after the warre is ended the same to be observed without any limitation or restriction whatsoever 4. In as much as the City of Dublin is the usuall and principall seat of Justice of this Kingdome where the Parliament and ordinary Courts were held and some other places where principall Councels were somtimes kept are as yet possessed and commanded by the Malignant party who are enimies to God and their King and his Majesties well affected Subjects this Assembly is necessitated during this warre in some formallities and circumstances to deviate from the proceedings prescribed by the said Lawes and Statutes neverthelesse retaineth the substance and offence thereof so farre forth as the endlesse malice and cruelty of their enemies the said Malignant party doth permit who shut up 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 Roman Catholike 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 Murders Massacres Rapes Depredations Robberies Burning frequent breaches of Publick 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 mannaging the Government and Affaires of State in Dublin and some other parts of this Kingdome to his Highnesse greatest disservice and complying with their Confederates the Malignant party in England and elsewhere who as it is manifest to all the world doe complot and practise to dishonour and destroy his Majestie his Royall Consort the Queene their Issue and Monarchall Government which is of most dangerous Consequence to all the Monarchs and Princes of Christendome The said Assembly doth Order and establish a Councell by name of a Supreme Councell of the Confederate Catholikes of Ireland who are to consist of the number of foure and twenty to bee forthwith named by the Assembly whereof twelve at the least to be forthwith named shall reside in this Kingdome or where else they shall think expedient and the Members of the said Councell shall have equall Votes and two parts of three or more concurring present Votes to conclude and no fewer to sit in Councell then nine whereof seven at least are to concurre and of the foure and twenty a President shall bee named by the Assembly who is to bee one of the said twelve resident and if in case of his death absence or sicknesse the rest of these who shall bee resident may name a Vice-President of the said foure and twenty and the said Councell shall have the Power and Preheminence following viz. The Lords Generals and all 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 their directions and shall give them speedy advertisement and accompt of their proceedings and actions with as much expedition as may be That the said Councell shall have power to order and determine all such matters as by this Assembly shall bee left undetermined and shall be recommended unto them and their Orders therein to bee of force untill the next Assembly and after untill the same bee revoked That the said Councell shall have power and authority to doe and execute all manner of Acts and things conducing to the advancement of the Catholike Cause and good of this Kingdome and concerning this warre as if done by the Assembly and shall have power to heare and determine all matters capitall criminall or civill excepting the right or title of Land That the Generals or other Commanders of Armies and all Governors or 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 Councell 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 foure Provinces 5. Item It is further ordered and established that in every Province of this Kingdom there shall be a Provinciall Councell and in every County a County Councell the Provinciall Councell to bee composed of the number of two of each County and the said Provinciall Councell shall chuse a President of themselves 6. That the Provinciall Councell shall sit foure times a yeare and oftner if there be cause for it that they shall have power and authority to renew or reverse the Judgement of the County Councell the party complaining entring security de adjudicat solvend and shall during the trouble have power to
septs and families or betwixt Citizens Townsmen Countreymen joyning in this union on pain of the highest punishment that can be inflicted by any the Councells 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 Majesties Dominions or elswhere without manifest occasion given by the persons converted to the contrary and joyning in this Cause shall be accompted Catholikes and Natives to all intents and purposes 17. Item It is further ordered established that all Artificers Artizans Navigators Marriners not being Denizens who shall please to reside in this Kingdome shall during their residence in this Kingdom after such time as they their familles shall be here setled have and enjoy their free liberties and priviledges 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 Catholik 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 dy amidst the disasters of these times one In of Court shall be erected in such place of this kingdom as to the supreme Councel shal 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 shal raise or keep any company of souldiers but such as shal be authorized by the supreme Councel Provinciall Councel or County Councel or Magistrate with their own corporate Towns and that the Statute against Sesse Coyn or Livery be duly put in execution and that no company or souldiers whatsoever shall be paid or relieved by the Country excepting such as are or shall be enrolled in the Marshals list and none shall be billited 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 shal be erected maintained so many in such places and in such manner form as to the Metropolitan of the Diocesse in their respective Provinces shall be thought sit 21. Item It is further ordered and established that the Kings Customes Rents Revenues Arreares and Dues and the Rents Estates and Profits of the Lands Hereditaments Goods and Chattells of the enemies which are or shall be declared by the Provinciall or Supreme Councell or by the Generall Councell bee received and collected and be disposed for his Majesties use and service Item It is further ordered and established that Church Lands and Tithes impropriate in the Catholike owners before these troubles and 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 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 Councell for the same and that they be accomptable to the County Councell for the same which County Councell shall be accomptable to the Provinciall Councell therein halfe-yearly and the Provinciall Councell to the Supreme Councell 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 livings 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 livings to the generall use shall be employed within the said County and Province where the said Lands Tenements Hereditaments Tithes or Church livings doe lie as by the severall County Councells respectively shall be thought fit for the Publique Cause 25. Item It is ordered and established by the Generall Assembly that any woman being a Roman Catholike and wife of any Protestant or Catholike 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 conveighed 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 and capacity to sue and be impleaded as if her husband had beene exiled or banished the Realme by judgement of Law except the Provinciall or Supreme Councell in particular cases order the contrary 26. Item It is ordered and established that the possession of Protestant Archbishops Bishops Deanes Dignitories and Parsons in right of their respective Churches or their Tenements in the begining of these troubles shall be deemed taken and construed as the then possessions of the Catholike Archbishops Bishops Deanes 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 Councels aforesaid shall be enlarged without the Order of the said Councels respectively and that no protection be given to servants or other men of the enemies party without the like Order or the Order of the chiefe Commander of the Army in the severall Provinces of Counties 28. Item Whereas abuses have beene committed in some parts of this Kingdome in taking of Armes Ammunition and other Merchandizes from Merchants arived in Creeks or Harbors farre 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 Harbor Bay or Creek within this Kingdome loaden with Armes 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 conveigh 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 entred into the List of the Commissioners or by the expresse direction in writing of the said Commissioners and 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 29. Item That certaine Commissioners shall be appointed in every Port Towne of the Freemen and Residents therein by the Provinciall or Supreme 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 Supreme Councell 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 Souldiers doe runne from their Garrisons or Commanders unto other Counties and Provinces that the Commanders or chiefe Governours of the said County or Province upon complaint made thereof shall send back the said fugitive Souldiers to their Commanders to be dealt withall 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 publique Charge bee answered thereout 32. Item It is ordered and established that no Souldiers or other Persons without command from the County Councell 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 Kingdome and the names of all the Persons of Rank and Quality in every parish that takes the same bee enrolled in Parchment and be returned signed and sealed by the Parish Priest to the Ordinary of every Diocesse who is to keep the same in his Treasury and to certifie a Copy thereof under Seale to the Metropolitan who is to keep that and to certifie a true Copy thereof under his Metropoliticall Seale to the Rols of the Kingdom where the same is to be enrolled FINIS