INPRIMIS, that the Roman Catholike Church in Ireland, shall haue & enioy its priuile­dges & immunities according to the Great Charter, enacted, or declared within the Realme of England, in the ninth yeare of the raigne of King Henry [Page 2]the third, sometymes King of England, and Lord of Ireland, and afterwards enacted, and confirmed in this Realme 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 liberty of the Natiues, and other sub­iects of this Kingdome, shalbe obserued throughout the whole Kingdome: and that all proceedings in Ciuill, or Criminall causes shalbe according to the said Lawes.

2. Item, that all, and euery person and per­sons within this Realme shall beare faith and true Alleagiance vnto our said Soueraigne Lord King Charles, by the grace of God King of Great Brittaine, France, and Ireland, his Hei­res and lawfull Successours; & shall vphould and maintaine his and their rights, and law­full prerogatiues, with the vttermost skill, & power of euery such person and persons, a­gainst all manner of persons whatsoeuer.

3. Item, that the Common Lawes of England and Ireland, and the said Statute called the Great Charter, and euery clause, braunch, and [Page 3]article thereof, and all other Statutes confir­ming, expounding, or declaring the same, shalbe punctually obserued within this Real­me (so farforth as the condition of the pre­sent tymes during this warre can by possibili­ty giue way thereunto,) and after the warre is ended, the same to be obserued without any limitation, or restriction whatsoeuer.

4. Item, For as much as the Citty of Dublin, the vsuall and principall seate of sustice of this Kingdome, where the Parliaments, and ordinary Courts were held, and some other places where the Prouinciall Councels were sometimes kept, are as yet possessed, & com­maunded by the malignant Party, who are enemyes to God, their King, and all his Maie­sties well affected subiects; this Assembly is necessitated, during this warre, in some for­malities and circumstances, to deuiate from the proceedings prescribed by the said Lawes and Statutes, yet neuerthelesse retayning the substance, and essence thereof, so farforth as the endlesse malice and cruelty of their Ene­mies, the said malignant Party, doth permit, [Page 4]who shut vp the said places, and all other passages and wayes to his Maiesties iustice & mercy, from his Maiesties well affected sub­iects of this Kingdome: For the exaltation therfore of the Holy Roman Catholicke Church, for the aduancement of his Maie­sties seruice, & the preseruation of the liues, estates, & liberties of his Maiesties true sub­iects of this Kingdome, against the iniustice murders, massacres, rapes, depredations, rob­beries, burnings, frequent breaches of pu­blicke fayth and quarter, and destruction, daily acted and perpetrated vpon his Maie­sties said subiects, and aduised, contriued, & continually executed by the said malignant Party, some of them managing the Gouer­ment, and affaires of Estate in Dublin, and in some other partes of this Kingdome, to his Highnes greatest disseruice, & complying with their confederats the malignant Party in England, and elswhere, who as it is mani­fest to all the world, doe complot and practise to dishonour, and destroy his Maiesty, his Royall Consort the Queene, their Children, [Page 5]and Monarchicke Gouerment, which is of most dangerous consequence to all the Mo­narckes, and Princes of Christendome: The said Assembly doth order, and establish a Councell, by the name of Supreme Councell, of the confederate Catholiks of Ireland, who are to consist of the number of foure and twenty, to be forthwith named by this Assembly, wherof twelue at the least, to be forthwith named, shal reside in this Citty, or where else within this Kingdom they shall thinke ex­pedient; and the members of the said Coun­cell are to haue equall votes, and two partes of three, or more concurring present votes, to conclude; and no fewer to sit in Councell then nyne, wherof seauen at the least are to concurre. And of the foure and twenty a Pre­sident shalbe named by this Assembly, who is to be one of the said twelue resident, and in case of his death, absence, or sicknes the rest of those who shalbe resident may name a Vice-president of the foure and twenty; and this Assembly is forthwith to name a Secretary, and Clarke of the said Councell, the Secreta­ry [Page 6]to be of the said foure and twenty; and the said Councell shall haue the powers and pre­heminences following (vz.) That Lords-Generalls, and all other Commaunders of Armies, and Ciuill Magistrates and Officers, in the seuerall Prouinces, shall obserue their Orders and Decrees, and shall do nothing contrary to their directions, and shall giue them speedy aduertisment, and account of their proceedings and actions, with as much expedition as may be. That the said Coun­cell shall haue power to order, and deter­mine all such matters, as by this Assembly shalbe left vndetermined, and shalbe recom­mended vnto them; and their orders therin to be of force vntill the next Assembly, and after, vntill the same be reuoked. That the said Councell shall haue power and Autho­rity to question, and inflict condigne punish­ment vpon all Commaunders of Armies ex­empted from the powers of Generalls, and vpon the Generalls themselues, and vpon all Gouernours, Magistrats, and other persons, of what degree or quality soeuer, and vpon [Page 7]any of themselues, in case of delinquency. That the said Councell shall haue Power & Authority to doe, and execute all manner of acts, and things conducing to the aduance­ment of the Catholicke Cause, and Good of this Kingdome, and concerning this warre as if done by this Assembly; and shall haue power to heare, and determine all matters Capitall, Criminall, or Ciuill, excepting the right or Title of Land. That the Generalls and other Commaunders of Armies, and all Gouernours and Ciuill Magistrats, and all other person within this Realme, shall obey the orders and decrees of the said Councell, touching the present seruice. That the said Councell shall haue for their guarde the number of fiue hundred foote, and two hun­dred horse, to be equally extracted out of the Armies of the foure Prouinces.

5. It is further ordered, and established, that in euery Prouince of this Kingdome, there shalbe a Prouinciall Councell, and in euery County a County-Councell, the Prouinciall Councell to be composed of the [Page 8]number of two of ech County, and the said Prouinciall Councell shall choose a Presi­dent of themselues.

6. That the Prouinciall Councell shall sit foure tymes a yeare, and oftener if there be cause for it: That they shall haue power and authority to reuiew, or reuerse the Iudgments or Decrees of the County-Councells, the party complayning entring security de adiudi­caris soluendis: And shall during the troubles, haue power to heare, and determine all mat­ters of the Crowne, as Iudges of Oyer, and Terminer, and Goale-deliuery were wont to doe, so that no Spirituall person be present at the determining of matters of bloud. And shall haue power to heare and determine all Ciuil Causes, and to establish recent possessions, so they meddle not with title of Land, other then in case of Dower, or Ioyntures. And the Sheriffes, Prouinciall Generalls, & all Com­maunders of Armies in case of disobedience, are respectiuely required to execute their decrees and orders; and in case of debts and accounts great consideration is to be had of [Page 9]the disability of Creditours occasioned by the warre.

7. Item, in euery County, there shalbe a County-Councell consisting of the number of one, or two of ech Barony, at the election of the County; and where there are no Baro­nies, the Councell of such County to be of the number of twelue; and the said County-Councell, shall haue power & authority, in all points as Iustices of Peace, to heare & de­termine all matters concerning the office of Iustice of Peace, & all matters of the Crowne happening within euery such County, & the delinquent being a Freehoulder, may if he please haue his triall in the Prouince; and to heare and determine debts, trespasses, & per­sonall demaunds, and to doe all things as Iu­stices of Peace were accustomed to doe; and to restore and establish possessions, taken by force or fraude since these troubles; & like­wise to take especiall care, that Tenants and Farmers be kept to their Farmes where they were vsed, and be preserued from extortion and oppression; and that Trade, Tradesmen, [Page 10]Manufactories, Agriculture, and Husbandry be maintained, and Markets duely kept.

8. Item, that in euery County there shalbe Coroners, high Sheriffes, high Constables, petty Constables, & Goalers, who are to doe their respectiue offices as accustomed; the high Sheriffe to be confirmed, or nominated by the supreme Councell, out of three to be presented by the County-Councell; and the High Sheriffe is required to execute the Commaunds, Orders, & Decrees of the Pro­uinciall, and County-Councell.

9. Item, in Cittyes, and Townes corporate; Iustice is to be done, and the Law executed as accustomed.

10. Item, in euery County the high Sheriffe shalbe Prouost-Marshall, and shall haue power to execute a Layman not worth fiue pounds, and none other, for murther, man­slaughter, burglary, theft, robbery, or other capitall offence: Prouided the person to be executed, may haue foure and twenty houres tyme to prepare his soule; and that the su­preme Councell, or Prouinciall Councell, [Page 11]shall, & may name more Prouost-Marshalls, as they shall thinke expedient, qualified with the like authority.

11. Item, it is further ordered and agreed, that no temporal Gouerment, or iurisdiction shalbe assumed, kept, or exercised within this Kingdome, or within any Prouince or Coun­ty therof, during these troubles, other then as before is expressed, excepting such Iurisdi­ction and Gouerment, as is, or shalbe appro­ued or instituted by this generall Assembly, or the supreme Councell.

12. Item, it is further ordered, that whosoe­uer hath entred since the first day of October 1641. or shall herafter during the cōtinuance of the warre in this Kingdome, enter into the Lands, Tenements or Hereditaments of any person, or persons who haue beene in posses­sion of such Lands, Tenements or Heredita­ments, at, or immediatly before the said first of October, either by himself or his vnder te­nants, or by receauing of the rents, issues, or profits therof, shall immediatly vpon de­maund restore the said possession to the par­ty, [Page 12]or parties so put out, with such reasona­ble domages as the County, Prouinciall, or supreme Councell shall thinke fit: and if the party refuse to restore the said possession, so gained as aforesaid, vpon demaund of the party so put out, his Heires, or Assignes made to the said possessor, his seruants, or adhe­rents in the premisses, or publication of this order within the Parish, where such Land lyeth, that vpon his, or their deniall therof, or default therin, he, his heires, and Assignes shall for euer after be debarred and secluded from all and euery right, title, interest, or de­maund which he, or they may make, or pre­tend to all, or any the said Lands, Tenements or Hereditaments: and if after such deniall or default made, the said party, his Heires or Assignes, shall not immediatly restore the possession of the said Lands, Tenements, or Hereditaments so gained, to the party grie­ued, his Heires or Assignes; that then he, and they, and his, and their adherents in the Pre­misses, shalbe declared, and proceeded with as enemies. Prouided, and so it is meant, that [Page 13]if any of the said parties so put out, be decla­red a Newter, or Enemy by the supreme, or Prouinciall Councell, to the generall Cause; that then the party who gained the posses­sion as aforesaid, shall giue vp the possession to such person, or persons as shalbe named either by the said County, Prouinciall, or su­preme Councell, to be disposed of towards the maintenance of the generall Cause, vpon the paine and penalty aforesaid. And as for the Rents, & maine Profits of the said Lands, Tenements, and Hereditaments, & all kind of Rents, Goods, or Chattles taken or de­tained from any Catholike as aforesaid, due satisfaction is to be made for the same, to the parties from whome the same Rents, Goods, or Chattles were, or shalbe taken or detai­ned, since these troubles began, as the Pro­uinciall Councell, or County-Councell shall respectiuely order.

13. Item, it is further ordered and establi­shed, for the remouall of all Ciuill disorder and enimity, and to the end all men may bend their thoughts and actions to the com­mon [Page 14]Cause, that all possessions of Lands and Hereditaments shall continue, and remaine vnto such as haue allready ioyned in this vnion, as they haue beene for three yeares past; next before the beginning of these trou­bles; and that no title of Land shalbe drawne into any debate or question vntill the next Assembly, other then in case of Morgages, Leases, and particular estates de facto determi­ned, or determinable by effluxion, or other determination therof.

14. Item, for the auoyding of Nationall di­stinction betweene the subiects of his Maie­sties Dominions, which this Assembly doth vtterly detest and abhorre, and which ought not to be indured in a well gouerned Com­monwealth: It is ordered, and established, that on paine of the highest Punishment which may be inflicted by authority of this Assembly, that euery Roman Catholike as well English, as Welsh, and Scottish, who was of that profession before these troubles, and who will come, and please to reside in this Kingdome, and ioyne in the present vnion, [Page 15]shalbe preserued, and cherished in his life, goods and estate, by the power and authori­ty, and force if need require it, of all the Ca­tholikes of Ireland, as fully and freely, as a­ny Natiue borne therin, and shalbe acquit­ted, and eased of one third part in three parts to be deuided, of publicke charges and leuyes raised, or to be raised for the maintenance of this Holy warre.

15. And it is further ordered, and establi­shed, that there shalbe no distinction, nor comparison betwixt old Irish, and old or new English, or betwixt septs and families, or bet­wixt Cittizens or Townesmen, and Contry­men ioyning in this vnion, on paine of the highest punishment that can be inflicted by any of the Councells aforesaid, according to the nature and quality of the offence, and diuision like to springe, & arise from thence.

16. Item, it is further ordered & established, that all new Conuerts, borne in any of his Maiesties dominions, or elswhere (without manifest occasion giuen) those persons con­uerted to the contrary, and ioyning in this [Page 16]cause, shalbe accounted as Catholike Nati­ues, to all intents and purposes.

17. Item, it is further ordered and establis­hed, that all Artificers, Artizans, Nauigators and Marriners not being denizens, who shall please to reside in this Kingdome, shall during their residence in this kingdome, af­ter such tyme as they, and their families shalbe here setled, haue and enioy the free li­berties and priuiledges of Natiues in all res­pects.

18. Item, it is further ordered and establi­shed, that whereas, in regard of the present estate, and condition of the Kingdome of England, no Natiue of this Kingdome, espe­cially if he be a Catholike, or any other Ca­tholike, is there admitted of, or permitted to continue in the Innes of Court; and to the end the laudable lawes of England, and Ireland may not dye amidst the disasters of the ty­mes; that one Inne of Court shalbe erected in such place of this Kingdome, as the su­preme Councell shall thinke fit, for the tray­ning vp of the Gentry of the Kingdome to [Page 17]the knowledge of those Lawes.

19. Item, it is further ordered and establis­hed for the aduancement of learning, that in euery Prouince of this Kingdome, Free-Schooles shalbe erected and maintained, so many, and in such places, and in such manner and forme, as to the Metropolitan, and Ordi­nary of the Diocesse, in the respectiue Pro­uinces, shalbe thought fit.

20 Item, it is further ordered and establi­shed, that no Lords, Gentlemen, or other persons shall raise, or keepe any Companyes of souldiers, or troopes of horse, but such as shalbe authorized by the supreme Councell, Prouinciall Councell, or County-Councell, or Magistrate within their owne Corporate Towne: and that the Statuts against Cesse & Conye or Liuery, be duely put, in execution: And that no company, or souldiers whatsoe­uer shalbe payed, or relieued by the County excepting such as are, or shalbe enrolled in the Marshalls list, and none shalbe billetted but by the Constables.

21. Item, it is further ordered and establi­shed, [Page 18]that Church Lands and Tithes impro­priate in the hands of Catholike owners be­fore these troubles and ioyning in this cause, may be left to them according to their seue­rall estates, vntill the same be disposed of by Parlamēt; they in the interim answering their rents as accustomed.

22. Item, it is further ordered and establi­shed, that the Kings Customes, Rents, Reue­newes, Arreares, and Duties, and the rents, issues, and profits of Lands, and Heredita­ments, and Goods and Chart [...]es of Enemies and Newters, which are, or shall be declared by the Prouinciall or supreme Councell, or by the generall Assembly, be receaued and collected, and be disposed for his Maiesties vse and seruice.

23. Item, it is further ordered & established, that in euery County, there be Collectours, and Receauers to be appointed by the County-Councell, and that they be accoun­table vnto the said County-Councell for the same, which County-Councell shalbe ac­countable to the Prouinciall Councell ther­in [Page 19]halfe yearely, and the Prouincial Councell to the supreme Councell yearely, to the end the same may not be cōcealed, or misapplied.

24. Item, it is ordered and agreed, that where any Arch-bishops, Bishops, or other Digni­tarie, or any person, or persons whatsoeuer, hath, or enioyeth any Lands, Tenements, or Hereditaments, Tithes, or Church-liuings, in one County or Prouince, or hath, or shall keep his, or their Residēce in another Coun­ty or Prouince, that in all such cases the pro­fits accrewing out of such Lands, Tenements, or Hereditaments, tithes, or Church-liuings to the generall vse, shalbe imployed within the said County or Prouince, where the said Lands, Tenements, and Hereditaments ti­thes or Church-liuings doe lye, as by the se­uerall County-Councells respectiuely shalbe thought fit, for the publicke cause.

25. Item, it is ordered and established by the said generall Assembly, that any woman being a Roman Catholike, and wife to any Protestant, or Catholicke, that hath forsaken his house, estate, and wife, and adheres vnto [Page 20]the Enemie, that euery such wife may enter into her loynture, if any be conueyed vnto her, or may recouer the thirds of her said husbands estate, as if her said husband were actually dead; and that euery such wife shalbe in such condition and capacity to sue, and to be impleaded, as if her said husbād had been exiled, or abiured the Realme by iudgment of Law, except the Prouinciall, or supreme Councell in particular cases, order the con­trary.

26. Item, it is ordered and established, that the possessions of the Protestant Arch-bi­shops, or Bishops, Deanes, Dignitaries, and Pastors in the right of their respectiue Chur­ches, or their Tenants, in the beginning of these troubles, shalbe deemed taken, & con­strued as the then possessions of the Catho­like Arch-bishops, Deanes, Dignitaries, Pa­stors, and their tenants respectiuely, to all in­tents and purposes, and that those possessions are intended within the precedent order for setlement of possessions.

27. Item, it is ordered and established, that [Page 21]no man being prisoner by authority of any of the Councells aforesaid, shalbe enlarged without the order of the said Councells res­pectiuely, and that no protection be giuen to seruants, or other men of the Enemyes party, without the like order of the chiefe Com­maunder of the Army, in the seuerall Pro­uinces, or Countyes.

28. Item, that whereas abuses haue beene committed in some parts of this Kingdome in taking of Armes, Ammunition, or other Merchandizes, from Merchants arriued in Creekes, or Harbours, far from their inten­ded Port, by reason of tempest, or the danger of the Enemye, to the greatest discourage­ment of the merchant: It is therfore ordered & established, that where any ship, or ships, or other vessell shall come, or arriue in any Harbour, Bay, or Creeke within this King­dome, laden with Armes, Ammunition, or other merchandizes, that in such ease, all those that are, or shalbe in Commaund in the ad­iacent Countyes respectiuely, shall protect, and defend the said merchants, their goods, [Page 22]and seruants, and shall at the charges of the said merchants, procure carriage for the said goods, and safely conuey the same to the said Merchants intended Port, and not to suffer any of the same, vnder colour of paying for the same, or otherwise to be disposed of, or taken, before the same come vnto the inten­ded Port, and be entred into the list of the Commissioners, by the expresse direction in writing of the said Commissioners: and that any who shall robbe, steale, or violently take any of the said goods, contrary to this order, shalbe deemed, and punished as Enemyes to the publicke good of this Kingdome, and suffer death therefore.

29. That certaine Commissioners shalbe appointed in euery Port-towne, of the Free­men, & Residents therin, by the Prouinciall, or supreme Councell, for the viewing of all the armes, & ammunition that shalbe here­after imported into this Realme from beyōd Seas, and to certifie the same to the supreme Councell with all speed; and to preuent abu­ses in the sale, or issuing, or disposing of them.

30. Item, it is ordered and established, that where Souldiers doe run from their Garri­sons, or Commaunders, vnto other Coun­ties, or Prouinces, that the Commaunder, or chiefe Gouernour of the said County or Pro­uince, vpon complaint made therof, shall send backe the said fugitiue Souldiers to their Commaunders, to be dealt with, ac­cording to lustice.

31. Item, it is ordered and established, that the debts, and other duties owing to credi­tors of this vnion, by Newters, and Enemies, shalbe payed out of the goods, Lands, Tene­ments, and Hereditaments of the said New­ters, and Enemies respectiuely, before any other publicke charge be answered therout.

32. Item, it is ordered and established, that no Souldier, or other person, without Com­maund from the County-Councell, shall meddle with the Goods, or Lands of New­ters, or Enemyes.

33. Item, it is ordered and established, that to preuent the springing vp of all Nationall distinctions, the Oath of Association, or [Page 24]Vnion be taken solemnely, after Confession and receauing of the Sacrament, in the Pa­rish Churches throughout the Kingdome; and the names of all Persons of ranke and quality in euery parish, who takes the same, be enrolled in Parchment, and be returned, signed and sealed by the Parish Priest, to the Ordinary of euery Diocesse, who is to keep the same in his Treasury, and to certifie a coppy therof vnder seale to the Metropoli­tan, who is to keep that, and to certify a true coppy therof vnder his Metropolitan Seale to the Rolles of the Kingdome, where the same is to be enrolled.