[...]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.

[Page 3] 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 [Page 4]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 worth 5. l. and none other, for mur­der, manslaughter, burglary, thefts, robbery, or other capitall offence. Provided the person to be executed may have 24. houres times to prepare his soule, and that the supreame Councell or Provinciall Councell 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 temporall government or jurisdiction shall be assumed, kept, or exercised in this Kingdome, or within any Countie or Province thereof during these troubles, other then as is before expressed, except such jurisdiction and government as is or shall be approved by this generall Assembly, or the supreame Councell.

14. Item, It is further ordered, that whosoever hath entred since the 1. of Octob. 1641. or shall hereafter during the continuance of the warre in this Kingdome, 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, issu [...]s, or profits thereof, shall immediately upon de­mand restore the said possession to the partie or parties so put out, with such rea­sonable damages as the Councell Provinciall or supreame Councell shall think fit; or if the partie refuse to restore the said possession gained as aforesaid, upon demand of the partie so put out, his heires or assignes made to the said possessor his servants or adherents in the premisses or publication of this Order, within the Parish where such lands lieth, that upon his or their denyall thereof, or default therein, he, his heires and assignes 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 deniall or default made, the said partie his heires or assignes shall not immediately restore the possession of the said lands, tenements and hereditaments to the party grieved, his heires or assignes that he, and they, and his and their adherents in the premisses 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 Provinciall and supreme Councell, that the partie 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 Provinciall or supreame Councell, to be disposed of towards the maintenance of the generall cause, upon the paine and penaltie 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 Catholique 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 Pro­vinciall [Page 5]councell or countie councell shall respectively order.

15. Item, it is further ordered and established, for the removall of evill disor­der and enmitie, 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 remaine unto such as have already joyned in this union, as they have been for three yeers past next before the beginning of these troubles, and that no title of land shall be drawn into any debate or question untill 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 Majesties Dominions, which this Assembly doth utterly detest and abhorre, and which ought not to be endured in a well governed Common-wealth, it is ordered and established, that on paine of the highest punishment which may be inflicted by the authoritie of this present Assembly, that every Romane Catholique, 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 joyne 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 Catholiques 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 publique charges and leavies raised, or to be raised for the maintenance of this holy warre.

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 sexe or fa­milies, or betwixt Citizens or Townsmen and countreymen joyning in this Uni­on, upon paine of the highest punishment that can be inflicted by any of the Counsell aforesaid, according to the nature and qualitie 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 Majesties Dominions, or else where without manifest occasion given by the persons converted to the coritry and joyning in this cause, shall be accoun­ted as Catholiques and natives to all intents and purposes.

19. Item, It is further ordered and established, that all the Artificers, Artians, Navigators and Marriners, not being denizons, 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 setled, have and enjoy the free liberties and privi­ledges 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 Kingdome; especially if he be a Catholique, or any other Catholique, is permitted to con­tinue in the Innes of Court: And to the end the laudible Laws of England and Ireland may not die amidst the disasters of these times, one Inne of Court shall be erected in such place of the Kingdome, as to the supreame 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, [Page 6]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 forme, as to the Me­tropolitane and Ordinary of the Diocesse 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 souldiers, but such as shall be authorised by the supreame Councell, Provinciall Councell, or County Councell, or Magistrate within their own corporate Towns. And that the Statutes against Sesse Coynees, or Livery be duely put in execution: and that no company of souldiers whatsoever shall be payed or relieved by the countrey, excepting such as are or shall be enrolled in the Martials Lists; and none shall be billited but by the Constable.

23. Item, It is further ordered and established, that Church-lands and tithes, impropriate in the hands of Catholique owners before these troubles, & 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 intrim answering their rents as accustomed.

24. Item, It is further ordered and established, that the Kings customes, rents, revenewes, arreares and dues, 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 Provinciall or Supreame Counsell, or by the generall Assembly, to be re­ceived and collected and be disposed for his Majesties use and service.

25. Item, It is further ordered and established, that in every Countie there be Collectors and Receivers to be appointed by the Countie Counsell, and that they be accountable to the said County Counsell for the same, which Countie Coun­sell shall be accountable to the Provinciall therein halfe yearely, and Provinciall Counsell to the Supreame Councell yearely, 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, tythes, or Church-livings in one Countie or Province, or doth or shall keepe his or their residence in another Countie or Pro­vince, or hath his or their relation or nomination in another Countie or Pro­vince, that in all such cases the profits accrewing out of all such lands, tenements, or hereditaments, tythes, or Church-livings, to the generall use, shall be imploy­ed in the said Countie and Province where the said lands, tenements, and heredi­taments, tythes, or Church-livings doe lye, as by the severall Countie Counsell respectively shall be thought fit for the publique cause.

27. Item, It is ordered and established by the said Generall Assembly, that any woman being a Romane Catholique, and wife of any Protestant or Catholique that hath forsaken his houses, estate and wife, and adhere unto the enemy, that every such wife may enter into her Joynture, if any be conveyed 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 or capacitie to [Page 7]suc and be impleaded, as if her shid husband had exiled or abjured the Realme by Judgement of Law, except the Provinciall or Supreame Councell in particu­lar cases order the contrary.

28. Item, It is ordered and established, that the possession of Protestants, Arch­bishops, Bishops, Deanes, 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 Catholique Archbi­shops, Bishops, Deanes, 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 autho­ritie of any the Councells aforesaid, shall be enlarged without the order of the said Councells, respectively; and that no Protection be given to servants or o­ther men of the enemies partie, without the like order of the chiefe Commander of the Armie in the severall Provinces or Counties.

30. Item, That whereas abuses have been committed in some parts of this Kingdome, in taking of Armes, Ammunition, and other Merchandises from severall Merchants arrived in Creekes or Harbours, farre 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 Shippes, or other Vessell, shall come or arrive in any Harbour, Key, or Creeke, within this Kingdome, Loaden with Armes, 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 expresse direction or writing of the said Commissioners; 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.

31. That certain Commissioners shall be appertained in every Port Towne of the Freemen and Residents therein, by the Provinciall or supreame 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 su­preame Councell 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 souldiers do run from other Garrisons or Commanders unto other countreys and Provinces; That the com­manders or chief Governours of the said County or Province, upon complaint made thereof, shall send back the said fugitive souldiers to their Commanders, to be dealt with according to justice.

[Page 8] 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 payed out of the goods, lands, tenements and hereditaments of the said Neuters and Enemies re­spectively, before any other publique charge be answered thereout.

34. Item, it is ordered and established, that no souldiers or other persons without command from the county counsell, 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 Kingdome; and the names of all the persons of ranke and qualitie in every Parish that takes the same be enrolled in parchment, and be returned, signed and sealed by the Parish Priest, to the Ordinatie of every Diocesse, who is to keep the same in his Treasurie, and to certifie a copie thereof under seale to the Metropolitane; who is to keep that, and to certifie a true copy thereof under his Metropoliticall seale, to the Rolls of the Kingdom, where the same is to be enrolled.