In May 1642 the catholic prelates, nobles, gentry and clergy met at Kilkenny and set up a supreme council. Summons ‘in nature of writs’ were sent to the lords spiritual and temporal and to the counties and boroughs. When the persons so summoned met, they issued the orders given below, ‘to be observed as the model of their government.’
Orders made and established by the lords spiritual and temporal, and the rest of the general assembly for the kingdom of Ireland, met at the city of Kilkenny, the 24th day of October, Anno Domini 1642, and in the eighteenth year of the reign of our sovereign lord, King Charles, by the grace of God, of Great Britain, France and Ireland, etc.
Imprimis that the Roman catholic church in Ireland shall and may have and enjoy the privileges and immunities according to the great charter, made and declared within the realm of England, in the ninth year of King Henry III, sometime king of England, and the 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 kingdom, which are not against the Roman catholic religion, or the liberties of the natives, and other liberties of this kingdom, shall be observed throughout the whole kingdom, and that all proceedings in civil and criminal cases shall be according to the same laws.
Item, that all and every person and persons within this kingdom shall bear faith and true allegiance unto our sovereign lord King Charles . . . his heirs and lawful successors, and shall uphold and maintain his and their rights and lawful prerogatives, . . .
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 kingdom, so far forth as the condition of the present times, during these times, can by possibilities give way thereunto, and after the war is ended the same to be observed without any limitations, or restriction whatsoever.
Inasmuch as the city of Dublin is the usual and principal seat of justice of this kingdom, where the parliament and ordinary courts were held, and some other places where principal councils were kept sometimes, are as yet possessed and commanded by the malignant party who are enemies to God and their king and his majesty's well-affected subjects, this assembly is necessitated during
That the said council 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 until the next assembly, and after, until the same be revoked.
That the said council shall have power and authority to do and execute all manner of acts and things conducing to the advancement of the catholic cause, and good of this kingdom, and concerning the war, as if done by the assembly, and shall have power to hear and determine all matters capital, criminal or civil, excepting the right or title of land . . .
Item, it is further ordered and established, that in every province of this kingdom there shall be a provincial council, and in every county a county council. The provincial council to be composed of the number of two of each county, and the said provincial council shall choose a president for themselves.
That the provincial council shall sit four times a year, and
And the sheriffs, provincial generals, and all commanders of the armies in case of disobedience, are respectively required to execute the decrees and orders . . .
Item, in every county there shall be a county council, consisting of one or two of each barony at the election of the county, and where there are no baronies, the council of such county to consist of the number of twelve.
And the said county council shall have power and authority in all points as justices of the peace . . .
Item, in every county there shall be coroners, high-sheriffs, high-constables, and petty-constables and gaolers, who are to do their respective offices as accustomed. The high-sheriff to be confirmed or nominated by the supreme council, and the high-sheriff is required to execute the commands, orders, and decrees of the provincial and county council.
Item, it is further ordered, that whosoever hath entered since the first day of October, 1641, or shall hereafter during the continuance of the war in this kingdom, enter into the lands, tenements, or hereditaments, at or immediately before the first day of October . . . shall immediately restore upon demand, the said possession to the party or parties so put out . . . 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 provincial council, 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 council provincial, or supreme council, to be disposed of towards the maintenance of the general cause, . . .
Item, for the avoiding of national distinction between the subjects of his Majesty's dominions, which this assembly doth utterly detest and abhor, and which ought not to be endured in a well-governed commonwealth, it is ordered and established, that, upon pain of the highest punishment, which may be inflicted by authority of this assembly, that every Roman catholic, as well English, Welsh, as Scotch, who was of that profession before the troubles, and who will come and please to reside in this kingdom and join in the present union, shall be preserved and cherished in his life, goods, and estates, by the power, authority, and force (if need require it) of all the catholics of Ireland, as fully and as freely as any native born therein, and shall be acquitted and eased of one third part (in
Item, and it is further ordered and established, that there shall be no distinction or comparison made betwixt Old Irish, and Old and New English or betwixt septs or families, or betwixt citizens and townsmen and countrymen, joining in union, upon pain of the highest punishment that can be inflicted by any of the councils aforesaid, according to the nature and quality of the offences, and division like to spring thence.
Item, it is further ordered and established, that all new converts born in any of his majesty's dominions or elsewhere, without manifest occasion given by the persons converted to the contrary, and joining in this cause, shall be accounted catholics and natives to all intents and purposes.
Item, it is further ordered and established, that all artificers, artizans, navigators, and mariners, not being denizens, who shall please to reside in this kingdom, after such time as they and their families shall be here settled, have and enjoy the free liberties and privileges of natives in all respects.
Item, it is further ordered and established, that as in regard of the present estate and condition of this kingdom, no Irishman especially if he be a catholic, or any other catholic, is admitted of or permitted to continue in the Inns of Court, and to the end the laudable laws of England and Ireland may not die amidst the disasters of these times, one Inns of Court shall be erected in such a place of this kingdom as to the supreme council shall be thought fit, for the training of the gentry of this kingdom to the knowledge of these laws.
Item, it is further ordered and established, that no lord, gentleman, or any other person, shall raise or keep any company of soldiers, but such as shall be authorized by the supreme council, provincial council, or county council, or magistrate within their own corporate towns; and that the statute against cesses, and coynye or livery be duly put in execution. And that no company or soldiers whatsoever shall be paid or relieved by the country, excepting such as are or shall be enrolled in the marshals' lists, and none shall be billeted but by the constable.
Item, it is further ordered and established for the advancement of learning, that in every province of this kingdom free-schools shall be erected and maintained, and in such places, and in such manner and form as by the metropolitan of the diocese in their respective provinces shall be thought fit.
Item, it is further ordered and established, that the king's customs, rents, revenues, arrears and dues, and the rents, estates and profits of the lands, hereditaments, goods and chattels of the enemies, which are or shall be declared by the provincial or supreme council, or by the general council, be received and collected, and be disposed for his majesty's use and service.
Item, it is further ordered and established, that church
Item, it is ordered and established, that the possession of protestant archbishops, bishops, deans, dignitaries, and parsons, in right of their respective churches, or their tenements in the beginning of these troubles, shall be deemed, taken, and construed as the possession of the catholic archbishops, bishops, deans, dignitaries, pastors and their tenements respectively, . . .
Item, it is ordered and established, that to prevent the springing up of all national distinctions, the oath of association or union be taken solemnly, after confession and receiving the sacrament in the parish churches, throughout the kingdom, and the names of all the persons of rank and quality in every parish that must take the same to be enrolled in parchment. . .
Gilbert MSS, 219 (Pearse Street Public Library).