FOr asmuch as the present warre is growne to that length, that the Modle of Gouernment, which hin­der mens entries into possessions, whereunto their en­try in the begininge of these troubles was or is lawfull, may be preiudiciall to the rights, which mē had to enter into their possessions by reason of death of witnesses, & of descents Cast, and of diuers statutes, which doe limit possessory actions to a Certaine tyme. For prevention whereof and to the end that the restriction put vpon men by the said Modle of Gouernement concer­ninge bringinge Actions for their possessions, may be enlarged and looke backe to a further tyme then [Page] the first of these troubles. It is therfore ordered and Established that all and every person & persons may hereafter sue, haue, and maintayne any Action of or for any Mannours, Lands, tennements or heredi­taments of or vpon his or their owne Seisin or posses­sion, or vpon his or their Ancestors Seisin or possession therein, or vpon the Seisin or possession of those vnder whom any such person or persons doe clayme any right or title to any Mannours, lands, tennements, or hereditamēts with in twenty yeares before the Comen­cement of any such Action hereafter to be brought.

IT is further ordered that for assurance of Ioyntures and purchases made or to be made duringe these troubles, fynes and Common Recoueryes shall and may be had in the Courte of Comon Bancke of the Generall Iudicature proper for the same; and that the seuerall officers by the lawe needful therunto, shall be named and Setled in the said Courte, and that the said fynes and Recoueryes to be had as a fore­sayd shall be as stronge, and as byndinge as if they were had, in the Courte of Common Banke at Dublin.

IT is further ordered that to Cause obedience to be had and donne vnto the Courtes of Generall Iudi­cature and to continue all men within their duetyes the better the said Courts shall & may proceede to out­lawpersons, in Cases of Contempt accordinge to the lawes, and like wise in Cases of felony, and treason to proceede to outlawryes & other attainders accordinge [Page] to the lawes and the forfeiture arrisinge there vpon to accrue to the Publique to the vse of his Maiestie. And that all attainders hereafter to be had duringe the go­uernment of the Confederate Catholiques, shall be as stronge and as byndinge, 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 Generall Iudicature 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 Iurisdiction shall be noe let or barre therunto, but that the said Causes shall stand, and be proceeded vpon, as if the said peace were not had, or made, And all decrees, and Iudgments had or past in the said Generall Iudicature, shalbe as effectuall and byndinge as if they were had in the Courts of Du­blin in tymes of peace.

FOr as much as the Acts of reducinge vses to fiue pounde in the hūdred duringe these troubles hath not made or declared the takinge or contractinge for more then accordinge the said rate of fiue pounds per Cent. to be usurious and voyd. It is therfore ordered that all Contracts bills bonds, recognizances, statutes, and specialties, hereafter to be made, where vpon more then after fiue pounds per Cent: for intrest, or [Page] vse, will be taken, or Contracted for, duringe these troubles, are and shall be voyde, and are here by decla­red to be vsurious, & the same penalties, & forfeitures to follow therof, which are set downe in the statute of vsurie made in this Kingdome, decimo Caroli

THat in Case of Mortgages, the Iudges of the Generall Iudicature may haue power to proceed therein, wherein the lands mortgaged are possessed by the mortgage or his heires, or assignes, by lease, or other Conrtracte: And in case of rents, or Annuyties Mortgaged, for the qualyfication of the rents, and proffits, to be payde there out yearlie duringe these troubles, and to determyne the same, accordinge to the vallue, & Condition of each mans particular case in equitie and Conscience. And for as much as the power of the said Court of Generall Iudicature, is en­lardged in the particulars aforesaid, besides the former power it had by the Establishments of former Assem­bleys, by meanes wherof it is conceaued, the practice of the said Courtes, & labour of the said Iudges, will be the more encreased, and with all, for avoydinge the inconueniencie, and disorder, which was found by the sittinge together of the said Courts, of Chauncery, Star-chamber and Common-lawe, in one Courte. It is therfore ordered and Established that the said Generall Iudicature shall be deuided into two seuerall Courts, the one Consistinge of a Chauncery, and Starr-chamber, the other consistinge of the Courts of Kings [Page] Bench, and Comon Bancke, all which said Courts, are to consiste of the ensueinge Iudges, (viz) the right reuerend father in god Arthur lo: Byshop of Downe, Richard Berford, Iohn Dillon, Richard Martin, Iohn Walsh, Hugh Rochford, and William Hoare Esquiers, of which said number, the said lo: Byshop of Downe, with three more of the said Iudges to be nominated and ascertained by the Supreame Councell with the aduise of the aforesaid Iudges, are to sit as Iudges and to heare and determyne Causes, in the said Courtes of Chauncery and Star-chamber, And the said Richard Berford, who is declared and appointed cheefe Iustice of the said Courtes of Kings Bench & common Bancke, is to sitt together with other the two Iudges, which shall fall out not to be nominated or ascertained for the said Courtes of Chauncery and Starchamber, as Iustices of both the said Courtes of Kings bench and Common bancke to heare and determine causes, and therein to proceede accordinge to the lawes of the land.

ANd it is further the sence of the howse, and soe declared, that the said Iudges shall sit and weare their Gownes in Court, and haue the respect due to their places, and that the lawyers at Barre, and other the Cheefe officers of the laid Courtes shall likwise goe in their Gownes in courte.

ANd it is further ordered that when any Starcham­ber matters shall be in hearinge that the right honnorable the Supreame Councell, and the rest of [Page] the said Iudges which are not to be nominated for the said courtes of Chauncery & 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 Iudges that Geffery Browne Esquier shall be Iudge in his place, but in case the said M^r. Martin take the place vpon him, that then the said Geffery Browne shall be cheefe Iustice of Connaght in his steade.

It is further ordered and Established that each of the said Iudges shall haue the accustomed pension of 150 pounds per Annum to be payde quarterly; and in case any of them doe not attend their charge in Tear­me-tyme, their pension to abate proportionably vn­lesse theire absence be occasioned by reason of Sicknes or infirmitie.

IT is lickwise ordered that a Checquer-chamber shall be consisting of all the Iudges aforesaid vppon all occasions that shall require the same.

IT is further ordered and Established that the Major of the Citty of Kilkenny or Major or Magistrat of any other Citty or Corporation wherein the said Iud­ges shall sitt shall prouide Sufficient and conuenient Court-howses for the said Iudges to sitt in, and withall decent and conuenient Lodginges well accomodated for them to Lodge in.