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 [Page 2]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, [Page 3]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, [Page 4]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 [Page 5]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 heare and determine all matters of the Crown, as Judges of Oyer and Terminer, and Goale delivery, were wont to doe, so that no spirituall 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 and Possessions, so they meddle not with the title of land other then in case of Dower or Joynture: and the Sheriffs, Pro­vinciall Generals, and all Commanders of the Armies, in case of disobedience, are respectively required to execute the Decrees and Orders; and in case of Debts and Accompts, great consideration is to be had of the disabilities of Credi­tors occasioned by the warre.

7. Item, In every County there shall be a County Councell, consisting of one or two of each Barony, at the election of the County: and where there are not Baronies, the Councell of such County to consist of the number of twelve, and the said County Councell shall have power and authority in all points, as Justices of the Peace, to heare and determine all matters concerning the Offices of the Justices of Peace, and all matters of the Crowne happening 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 doe all things as Justices of the Peace were accustomed to doe, and to restore and establish Possessions taken by force or fraud since these troubles; and likewise to take a speciall care, that Tenants and Farmers bee kept to their Farms where they were used, and to be preserved from extortion and oppres­sion; and that Trades, Tradesmen, Manufactures, Agri­culture, [Page 6]and Husbandry bee maintained and duly kept.

8. Item, In every County there shall be Corronors, high She­riffs, high Constables, petty Constables, and Goalors, who are to do their respective 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 Command, Orders, and Decrees of the Provinciall and County Councell.

9. Item, In Cities and Towns Corporate Justice is to be done, and the Lawes executed as is accustomed.

10. Item, In every County the high Sheriffe shall be Provost Marshiall, and shall have power to execute a lay man not worth five pounds, and none other, for murder, man-slaughter, burglary, theft, robbery, or other capitall offence, provided the party to be executed may have foure and twenty houres time to prepare his soule; and that the Supreme or Provin­ciall Councell shall and may name more Provost Marshialls, as they shall think expedient, quallified with the like autho­rity.

11. Item, It is further ordered, that no temporall Go­vernment or Jurisdiction shall be assumed, kept, or exercised in this Kingdome, or within any County or Province thereof, during these troubles, other then is before expressed, except such Jurisdiction and Government as is, or shall be, approved by this Generall Assembly, or the Supreme Councell.

12. Item, It is further ordered, that whosoever hath en­tred, since the first day of October 1641. or shall hereafter, du­ring the continuance of the warre in this Kingdom, enter into the Lands, Tenements, or Hereditaments, at or immediately before the first day of October, either by himselfe or his under Tenants, or by receiving the Rents, Issues, or Profits thereof, shall immediately restore, upon demand, the said Possession [Page 7]to the party or parties so put out, with such reasonable dam­mages, as the Councell Provinciall or Supreme shall think fit; and if the party refuse to restore the said Possession as aforesaid, upon demand of the party so put out, his heires or assignes, made to the said possessor, his servants, or adherents in the premises or publication of this Order within the parish where such land lieth, that upon his or their deniall 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 party, his heires or assignes shall not immediately restore the possession of the said lands, tenements, or hereditaments so gained to the party grieved, his heires or assignes, that he, they, and his or their adherents in the premises, shall be declared and pro­ceeded with as enemies. Provided, and so it is meant, that if any of the parties so put out be declared a Neuter or enemy by the Supreme or Provinciall Councell; then 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 Councell Provinciall, or Supreme Councell, to be disposed of towards the maintenance of the generall Cause, upon the paine and penalty aforesaid.

And as for the Rents and meane Profits of the said lands, [...]menes, and hereditaments, and all kinde of Rents, and the goods or chattels taken or detained from any Catholike, as aforesaid; due satisfaction is to be made for the same to the parties from whom the Rents, Goods, or Chattels were or shall be detained, since these troubles begun, as the Provin­ciall Councell, or County Councell shall respectively order.

13. Item, It is further ordered and established for the re­moveall [Page 8]of evill 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 Hereditaments shall continue and remaine unto such as have already joyned in this union, as they have beene for three years past▪ next before the begining of these troubles, and that no title of Lands shall be drawn into any debate or question, untill the next Assem­bly, other then in case of Morgages, Leases, and particular estates de facto determined, or determinable by effluction or other determination thereof.

14. Item, For the avoiding of nationall distinction between the subjects of his Majesties Dominions; which this Assembly doth utterly detest and abhor, & which ought not to be endu­red in a well governed Common wealth: It is ordered and established, that upon paine of the highest punishment which may be inflicted by authority of this Assembly, that every Ro­man Catholike, as well English, Welsh, and Scotch; who was of that Profession before the troubles, and who will come and please to reside in this Kingdom, & joyn in the present union, shall be preserved and cherished in his life, goods, and estate by the power, authority, and force (if need require it) of all the Catholikes of Ireland, as full and freely as any Native borne therin, & shall be acquitted & eased of one third part in three parts to be divided, of publique charges or leavies, raised or to be raised for the maintenance of this holy warre.

15. Item, And it is further ordered & established, that there shall be no distinction or comparison made betwixt old Irish and old or new English, or betwixt 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 [Page 11]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, [Page 12]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 [Page 13]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.