Acts of the Irish Congregation at Kilkenny, 1642
In the name of the Holy Trinity, the Father, Son and the Holy Ghost, Amen.
Acts agreed upon, ordained and concluded in the General Congregation held at Kilkenny, 1o, 11, and 13th days of May, 1642, by those Prelates whose names are subscribed; the Proctors of such other Prelates as then were absent being present, together with the Superiors of the Regulars, and many other dignataries and learned men as well in Divine as also on Common Law, with divers pastors and others of the Catholic clergy of all Ireland, whose names are likewise hereafter set down.
I Whereas the war which now in Ireland the Catholics do maintain against sectaries, and chiefly against Puritans, for the defence of the Catholic religion, for the maintenance of the prerogative and royal right of our gracious King Charles, for our gracious Queen, so unworthily abused by the Puritans, for the honour, safety, and health of their royal issue, for to avert and refrain the injuries done unto them, for their conversation of the just and lawful safeguards, liberties, and right of Ireland, and lastly for the defence of their own lives, fortunes, lands and possessions. Whereas we said, the war is by the Catholics undertaken for the aforesaid causes against unlawful usurpers, oppressors, and their enemies, chiefly Puritans; and that hereof we are informed as well by divers and true remonstrance’s of divers provinces, counties and noblemen, as also by the unanimous consent and agreement of almost the whole kingdom in this war and union; we therefore declare that war openly Catholic to be lawful and just; in which war, if some of the Catholics be found to proceed out of some particular and unjust title, covetousness, cruelty, revenge or hatred, or any such unlawful private intentions, we declare them therein grievously to sin, and therefore worthy to be punished and refrained with ecclesiastical censures, if advised thereof, they do no amend.
II Whereas the adversaries do spread divers rumours, do write divers letters, and under the king’s name do print proclamations, which are not the King’s by which means divers plots and dangers may ensue unto our nation; we, therefore, to stop the way of untruth and forgeries of the political adversaries, do will and command, that no such rumours, letters, or proclamations may have place or belief, until it be known in a National Council, whether they truly proceeded from the King, left to his own freedom, and until the agents of this kingdom hereafter to be appointed by a National Council have free passage to his Majesty, whereby the kingdom may be certainly informed of his Majesties intentions and will.
III Whereas no family, city, common-wealth, much less any kingdom may stand without union and concord, without which this kingdom for the present standeth in most danger. We think it therefore necessary that all Irish peers, magistrates, noblemen, cities and provinces, may be tied together with the only bond of union and concord, and that they frame an oath of union and agreement which they shall devoutly and Christianly take, and faithfully observe. And for the conversation and exercise of this union, we have thought fit to ordain the ensuing points.
IV We sprightly command all our inferiors, as well churchmen as laymen, to make no distinction at all between the old and ancient Irish, and no alienation, comparison or differences between provinces, cities, towns or families, and lastly, not to begin or forward any emulations or comparisons whatsoever.
V That in every province of Ireland there be a Council, made by both of clergy and nobility, in which Council shall be so many persons at last as are counties in the province, and out of every city or notable town, two persons.
VI Let one General Council of the whole kingdom, be made, both of the clergy, nobility, cities and notable towns, in which Council there shall be three out of every province, and out of every city one, or, where cities are not, out of the cheafest towns. To this Council the Provincial Councils shall have subordination, and from thence to it may be appealed until this National Council have opportunity to sit together. Again, if any thing of great importance do occur, or be conceived in one province, which by a negative vote is rejected in the Council of one province, let it be sent to the Councils of the other provinces; except it be such a matter as cannot be delayed, and which doth not pertain to the weale public of the other provinces.
VII Embassage sent from one province to foreign nations shall be held as made from the rest of the provinces, and the fruit or benefit thereof shall be imparted and divided between the provinces and cities which have more need thereof, chiefly such helps and fruits as proceed from the bountiful liberality of foreign Princes, States, Prelates or others whatsoever, provided always that the charges and damage be proportionally recompensed.
VIII If there be any province which may not conveniently send embassage from itself unto foreign nations, let it signify it to another province, which may conveniently supply it, and ought in regard of their union to supply it according to the instructions sent from the other provinces concerning the place and Princes to which they would have their embassage employed.
IX Let a faithful inventory be made in every province of the murders, burnings, and other cruelties, which are committed by the Puritan enemies, with a quotation of the place, day, cause, manner and persons, and other circumstances, subscribed by one of public authority.
X In every parish let a faithful and sworn messenger be appointed, whereby such cruelties and other affairs may be written and sent to the neighbouring places, and likewise from one province to another. Let such things be written for the comfort, instruction, and carefulness of the people.
XI Great men taken prisoners in one province may not be set at liberty for any price, prayers, or exchange, without the consent of the Prelates and nobility of the other provinces united, and let every province be careful of the liberties of such prisoners as are from the other provinces, as far as it conveniently may.
XII If any one stubborn or dangerous be found in one province, county or town, let him be sent to another province, county or town, where he may safely kept, and (with less danger, or loss of others remain).
XIII Whosoever shall be declared in one county or province, adversary or traitor of this cause and country shall likewise be held and punished in other counties and provinces, where he shall be found, and such as receive or favour him, or be his messengers, knowing his misdemeanour, shall be liable to such punishment as the traitor himself.
XIV We command and ordain as a main point pertaining to this union, that no province, county, city, town or person whatsoever shall demand peace, or submit himself to the enemies, without the consent of the General Council of the whole kingdom, and that under pain of excommunication to be incurred ipso facto; and for further force of this statute to be observed, we will that in every province a firm oath be taken by the peers, nobility, corporations, and commonalty of every province, and thereupon a public and authentically instrument be made; and that every province do send into every other province an instrument subscribed with the proper hands of such as have taken the oath, for the assurance of their oaths; and whosoever shall refuse to take the oath, let him be held as adversary of the common cause, and of the kingdom, and let him be punished, as such as hereafter shall be declared, except he be excused for the reasons hereafter to be set down.
XV The Ordinaries of every place, the Preachers, Confessors, Parish Priests, and other churchmen shall endeavour to see perfect peace and charity observed between provinces, counties, cities, and families, as the obligation of this union required.
XVI Such goods as well moveable as unmovable pertaining to Catholics as were recovered from the enemies by this present war shall be restored to their former owners, provided that such necessary and reasonable charges shall be paid as the next General or Provincial Council or Committees of the county where the parties dwell, shall decree.
XVII Whereas divers persons do diversely carry themselves towards this cause; some with helps and supplies do assist the adversaries; others with victuals and arms; others with their advice and authority supporting as it were the contrary cause; some also as neuters behaving themselves; and others, lastly, neglecting their oath do forsake the Catholic union and cause; we do therefore declare and judge all and every such as forsake this union, do fight for our enemies, accompany them in their war, defend or in any other way assist them, as giving them weapons, victuals, council, or favour, to be excommunicated, and by these presents do excommunicate them; provided that this present decree shall be first published in every diocese respectively and having received admonition beforehand, which shall supply the treble admonition otherwise requisite, ad we do hereby declare, so it be made in a place where it may easily come to the knowledge of those whom it touched. But as touching the judgement and punishment of the neutrals we leave it to the Ordinaries of every place respectively, so that the Ordinaries themselves by not to the contrary to the judgement and opinion of this Congregation, in which cause, we commit power to the Metropolitans or Archbishops to proceed against such Ordinaries according to the common course of law, wherein they are to be very careful and speedy, and if the Metropolitans be found herein careless or guilty, let them be liable to such punishment as is ordained by the Holy Cannons and let them be accused to the See Apoltolique.
XVIII We ordain and decree that all and every such as from the beginning of this present war have invaded the possessions of goods as well moveable as unmovable, spiritual or temporal, of an Catholic whether Irish or English, or also of any Irish Protestant being not adversary of this cause, and do detail any such goods, shall be excommunicated, as by this present decree we do excommunicate them if admonished they do not amend, and with the like censure we do bind such as henceforward shall invade or detain such goods, and not only them, but also all and every such as shall keeps lands or possessions against public authority, as also such as favour or assist them therein. And we declare involved in this censure all and every of them who directly or indirectly hinder or forbid to pay their due rents unto such as have possessed the said lands from the beginning of this war, and such likewise as without the license of such possessors do take or extort rents or equivalent payment from the tenants of such possessors, under colour of paying soldiers therewith or otherwise.
XIX We command all and every churchmen, as well secular as regular, not to hear the confessions of the aforesaid excommunicated persons, nor to administer unto them the holy sacraments under paid of excommunication ipso facto.
XX We will and declare all those that murder, dismember or grievously strike, all thieves, unlawful spoilers, robbers of goods, extorters, together with all such as favour receive, or any ways assist them, to be excommunicated, and so to remain until they completely amend and satisfy no less than if they were namely proclaimed excommunicated; and for satisfaction of such crimes hitherto committed to be enjoined, we leave to the discretion of the Ordinaries and confessors, how to absolve them.
XXI Tradesmen for making weapons or powder, brought into this country, or hereafter to be brought in, shall be free from all taxations and customs; as also all merchants as shall transport into this country such wares as are profitable for the Catholic cause, as arms and powder, may lawfully traffic without paying any custom for commodities brought out of this kingdom or transported hither of that king, and let this be proclaimed in all provinces, cities and towns.
XXII We think it convenient that, in the next National Congregation, some be appointed out of the nobility and clergy as ambassadors to be sent in the behalf of the whole kingdom unto the Kings of France and Spain, to the Emperor and his Holiness and those to be of the church prelates, or one of the nobility and a lawyer.
XXIII We will and ordain, that Ordinaries, dignitaries and other proprietors of church livings, with the assistance of the Colonel, or some other prime gentleman of the county, barony, or parish as the Ordinary and dignitaries or proprietors shall appoint, do set unto tenants, the lands, houses, tenements, and tithes, and other church livings, and let competent means be appointed for the maintenance of the said Ordinaries, dignitaries, and proprietors, and the rest of the appointed for the soldiers until it be otherwise ordained.
XXIV Collectors and receivers of the rents of church-livings shall be appointed by the Ordinaries, with the consent of the proprietors, in the presence of the chiefest gentlemen of every county, barony or parish respectively.
XXV The Ordinaries and other proprietors of church livings may take unto themselves the houses, tenements and other church goods pertaining unto their respective titles, with obligations to pay proportionable rent unto the soldier as aforesaid, or his payment of their own competent maintenance, and let the houses, tenements and other church goods to be taken from the Catholics, who heretofore had them as tenements or otherwise.
XXVI It is committed to the will and disposition of the Ordinaries whether and when to enter into the churches and celebrate mass therein. We command all and every the Generals, Colonels, Captains, and other officers of our Catholic army, to whom it appertaineth, that they severally punish all transgressors of our aforesaid command touching murders, mainers, strikers, thieves, robbers, and, if they fail therein, we command the parish priest, curates or chaplains, respectively to declare them interdicted, and that they shall be excommunicated if they cause not due satisfaction to be made unto the common-wealth and the party offended. And this the parish priests, or chaplains shall observe under pain of excommunication of sentence to be given ipso facto.
XXVII To the end that these acts, propositions, and ordinances may have more happy success, we thought it fitting to have recourse unto God Almighty by prayers, fasting and alms. We therefore will pray, and, as far as it is needful, do command that every priest, as well secular as regular, do celebrate one Mass a week, and that all laymen do fast until upon Wednesday, Friday and Saturday, in one week and thenceforward one day a week and that upon Wednesday or Saturday as long as the Ordinary shall please, and that they pray heartily unto God for the prosperous success of this our Catholic war, for which they shall gain so many days indulgences as every prelate shall publish in their several dioceses respectively, after the fast of the aforesaid three days in one week, having first confessed and received the Blessed Sacrament, and bestowed some alms to this affect.
XXVIII In every regiment of soldiers let there be appointed at lease two confessors, and one preacher, to be named by the Ordinaries and by the Superiors of the Regulars, whose competent maintenance we commend and command to every Colonel in their respective regiments. And to the end that all those Ordinaries and statutes may effectually be put in execution, we will decree that all Archbishops, Bishops, Apostolic Vicars and Regular Superiors, as well here present as absent, may be very serious and careful of the execution of the aforesaid, as they tender not to incur displeasure, wrath, and revenge, and herewith we charge their consciences.