BY THE GENERAL ASSEMBLY OF THE CONFEDERATE CATHOLICS OF IRELAND An establishment for the Court of General judicature FOr as much as the present war is grown to that length, that the Model of Government, which hinder men's entries into possessions, whereunto their entry in the begining of these troubles was or is lawful, may be prejudicial to the rights, which men had to enter into their possessions by reason of death of witnesses, & of descents Cast, and of divers statutes, which do limit possessory actions to a Certain tyme. For prevention whereof and to the end that the restriction put upon men by the said Model of Government concerning bringing Actions for their possessions, may be enlarged and look bacl to a further time than the first of these troubles. It is therefore ordered and Established that all and every person & persons may hereafter sue, have, and maintain any Action of or for any Manors, Lands, tennements or hereditaments of or upon his or their own Seisin or possession, or upon his or their Ancestors Seisin or possession therein, or upon the Seisin or possession of those under whom any such person or persons do claim any right or title to any Manors, lands, tennements, or hereditaments with in twenty years before the Comencement of any such Action hereafter to be brought. IT is further ordered that for assurance of jointures and purchases made or to be made during these troubles, fynes and Common Recoveryes shall and may be had in the Court of Common Bank of the General judicature proper for the same; and that the several officers by the law needful thereunto, shall be named and Settled in the said Court, and that the said fynes and Recoveryes to be had as a foresaid shall be as strong, and as binding as if they were had, in the Court of Common Bank at Dublin. IT is further ordered that to Cause obedience to be had and done unto the Courts of General judicature and to continue all men within their duties the better the said Courts shall & may proceed to outlawpeople, in Cases of Contempt according to the laws, and like wise in Cases of felony, and treason to proceed to outlawryes & other attainders according to the laws and the forfeiture arrisinge there upon to accrue to the Public to the use of his Majesty. And that all attainders hereafter to be had during the government of the Confederate Catholics, shall be as strong and as binding, and Carry the same effect of, and for disabillity, Corruption of blood, forfeiture, and execution as any attainder did before these troubles. IT is further ordered, that all causes Commenced, or to be Commenced in the General judicature in case a peace shall be made, pendinge the said Causes, shall continue and be proceeded with in the Courts of Dublin, or what other Courts shall be agreed on to be settled then, and that want of jurisdiction shall be no let or bar thereunto, but that the said Causes shall stand, and be proceeded upon, as if the said peace were not had, or made, And all decrees, and judgements had or passed in the said General judicature, shallbe as effectual and binding as if they were had in the Courts of Dublin in times of peace. FOr as much as the Acts of reducing uses to five pound in the hundred during these troubles hath not made or declared the taking or contractinge for more than according the said rate of five pounds per Cent. to be usurious and void. It is therefore ordered that all Contracts bills bonds, recognizances, statutes, and specialties, hereafter to be made, where upon more than after five pounds per Cent: for interest, or use, will be taken, or Contracted for, during these troubles, are and shall be void, and are here by declared to be usurious, & the same penalties, & forfeitures to follow thereof, which are set down in the statute of usury made in this Kingdom, decimo Caroli THat in Case of Mortgages, the judges of the General judicature may have power to proceed therein, wherein the lands mortgaged are possessed by the mortgage or his heirs, or assigns, by lease, or other Conrtracte: And in case of rents, or Annuyties Mortgaged, for the qualyfication of the rents, and profits, to be paid there out yearly during these troubles, and to determine the same, according to the value, & Condition of each man's particular case in equity and Conscience. And for as much as the power of the said Court of General judicature, is enlardged in the particulars aforesaid, besides the former power it had by the Establishments of former Assembleys, by means whereof it is conceived, the practice of the said Courts, & labour of the said judges, will be the more increased, and with all, for avoydinge the inconveniency, and disorder, which was found by the sitting together of the said Courts, of Chancery, Star-chamber and Common-lawe, in one Court. It is therefore ordered and Established that the said General judicature shall be divided into two several Courts, the one consisting of a Chancery, and Starr-chamber, the other consisting of the Courts of King's Bench, and Common Bank, all which said Courts, are to consist of the ensueinge judges, (viz) the right reverend father in god Arthur lo: Bishop of Down, Richard Berford, john Dillon, Richard Martin, john Walsh, Hugh Rochfort, and William Hoare Esquiers, of which said number, the said lo: Bishop of Down, with three more of the said judges to be nominated and ascertained by the Supreme Council with the advice of the aforesaid judges, are to sit as judges and to hear and determine Causes, in the said Courts of Chancery and Star-chamber, And the said Richard Berford, who is declared and appointed chief justice of the said Courts of King's Bench & common Bank, is to sit together with other the two judges, which shall fall out not to be nominated or ascertained for the said Courts of Chancery and Starchamber, as justices of both the said Courts of King's bench and Common bank to hear and determine causes, and therein to proceed according to the laws of the land. ANd it is further the sense of the house, and so declared, that the said judges shall sit and wear their Gowns in Court, and have the respect due to their places, and that the lawyers at Bar, and other the Chief officers of the laid Courts shall likewise go in their Gowns in court. ANd it is further ordered that when any Starchamber matters shall be in hearing that the right honnorable the Supreme Council, and the rest of the said judges which are not to be nominated for the said courts of Chancery & Star-chamber may if they please be present and sit and vote in such causes. ANd it is further ordered that in case Mr. Martin take not on him to be one of the said judges that Geoffrey Browne Esquire shall be judge in his place, but in case the said Mr. Martin take the place upon him, that then the said Geoffrey Browne shall be chief justice of Connaght in his stead. It is further ordered and Established that each of the said judges shall have the accustomed pension of 150 pounds per Annum to be paid quarterly; and in case any of them do not attend their charge in Tearme-tyme, their pension to abate proportionably unless their absence be occasioned by reason of Sickness or infirmity. IT is likewise ordered that a Checquer-chamber shall be consisting of all the judges aforesaid upon all occasions that shall require the same. IT is further ordered and Established that the Major of the City of Kilkenny or Major or Magistrate of any other City or Corporation wherein the said judges shall sit shall provide Sufficient and convenient Court-howses for the said judges to sit in, and withal decent and convenient Lodgings well accommodated for them to Lodge in. Ex. per Philippum Kearnie Gen. Com. Hiberniae Cler. Kilkenny the 2. of April 1647.