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IN consideration of the surrender of the city of Limerick, and
other agreements, made between the said Lieutenant General
Ginckle, the governor of the city of Limerick, and the general of
the Irish army, bearing date with these presents, for the surrender
of the said city, and submission of the said army; it is agreed,
I.THE Roman catholicks of this kingdom shall enjoy such pri-

vileges in their exercise of their religion, as are consistent
with the laws of Ireland; or as they did enjoy in the reign of King
Charles the Second. And their majesties, as soon as their affairs
will permit them to summon a parliament, in this kingdom, will
endeavour to procure the said Roman catholicks such farther se-
curity, in that particular, as may preserve them from any dis-
turbance, upon the account of their said religion.
· II. All the inhabitants, or residents of Limerick, or any other
garison, now in possession of the Irish, and all officers and soldiers,
now in arms, under any commission of King James, or those au-
thorised to grant the same in the several counties of Limerick, Clare,
Kerry, Cork, and Mayo, or in any of them; and all the com-
missioned officers in their majesties quarters, that belong to the
Irish regiments now in being, that are treated with, and wbo are
not prisoners of war, or bave taken protection, and who shall re-
turn and submit to their majesties obedience, their and every of
their heirs shall hold, possess, and enjoy all and every their estates
of freehold, and inheritance ; and all the right, title, and interest,
privileges, and immunities, which they, and every or any of them,
held, enjoyed, or were rightfully and lawfully intitled to, in the
reign of King Charles the Second, or at any time since, by the laws
and statutes that were in force in the said reign of King Charles the
Second, and shall be put in possession, by order of the government,
of such of them, are in the king's hands, or the bands of their
tenants, without being put to any suit or trouble therein; and all
such estates shall be freed and discharged from all arrears of crown-
rents, quit-rents, and other publick charges incurred and become
due, since Michaelmas, 1688, to the day of the date hereof. All
persons comprehended in this article shall have, hold, and enjoy
all their goods and chattels, real and personal, to them, or any of
them, belonging or remaining either in their own hands, or the
hands of any person or persons whatsoever, in trust for, or for the
use of them, or any of them. And all, and every the said per-
sons, of what trade, profession, or calling soever they be, shall,
and may use, exercise, and practise their several and respective
professions, trades, and callings, as freely as they did use, exercise,
and enjoy the same, in the reign of King James the Second : pro-
vided, that nothing in this article contained be construed to extend
to, or restore any forfeiting person, now out of the kingdom, ex-
cept what are hereafter comprised : provided also, that no person

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whatsoever shall have and enjoy the benefit of this article, that shall neglect or refuse to take the oath of allegiance, made by act of parliament in England, in the first year of the reign of their present majesties, when thereunto required.

III. All merchants, or reputed merchants, of the city of Limerick, or of any other garison, now possessed by tbe Irish, or of any town or place in the counties of Clare, or Kerry, who are absent beyond the seas, that have not borne arms since their majesties declaration in February, 1688-9, shall have the benefit of the second article, in the same manner as if they were present, provided such merchants, and reputed merchants, do repair into this kingdom, within the space of eight months, from the date hereof.

IV. These following officers, viz. Colonel Simon Lutterel, Cap. tain Rowland White, Morrice Eustace of Gormonstown, Cheevers of Mayestown, commonly called Mount-Leinster, now belonging to the regiments in the aforesaid garisons and quarters of the Irish army, who were beyond the seas, and sent thither upon affairs of their respective regiments, or of the army in general, shall have the benefit and advantage of the second article, provided they return hither within the space of eight months, from the date of these presents, and submit to their majesties government, and take the above-mentioned oath.

V. That all and singular the said persons, comprised in the second and third articles, shall have a general pardon of all attainders, outlawries, treasons, misprisions of treason, premunire's, felonies, trespasses, and other crimes and misdemeanors, whatsoever, by them, or any of them committed, since the beginning of the reign of King James the Second : and if any of them are at tainted by parliament, the lords justices, and the general, will use their best endeavours to get the same repealed by the parparliament, and the outlawries to be reversed gratis, all but writing-clerks fees.

VI. Whereas the present wars have drawn great violencies on both parties, and that, if leave were given for bringing all sorts of private actions, the animosities would probably continue, that have been so long on foot, and the publick disturbance last : for the quieting and settling therefore of the kingdom, and avoiding those inconveniences which would be the necessary consequence of the contrary, no person or persons whatsoever, comprised in the foregoing articles, shall be sued, molested, or impleaded, at the suit of any party or parties whatsoever, for any trespass by them committed, or for any arms, horses, money, goods, and chattels, merchandise, or provision whatsoever, by them seized or taken, during the time of the war. And no person or persons

whatsoever, in the second or third articles comprised, shall be sued, impleaded, or made accountable for the rents or mean rates of any lands, tenements, or houses, by him or them received or enjoyed in this kingdom, since the beginning of this present war, to the day of the date hereof, nor for any waste or trespass by him or them committed in any such lands, tenements, or houses : and it is also agreed, that this article shall be mutual, and reciprocal, on both sides.

VII. Every nobleman and gentleman, comprised in the said second and third articles, shall have liberty to ride with a sword, and case of pistols, if they think fit; and keep a gun in their houses, for the defence of the same, or fowling.

VIII. The inhabitants and residents of the city of Limerick, and other garisons, shall be permitted to remove their goods, chattels, and provisions, out of the same, without being viewed or searched, or paying any manner of duty; and shall not be compelled to leave their houses or lodgings they now have therein, fur the space of six weeks next ensuing the date hereof.

IX. The oath, to be administered to such Roman catholicks as submit to their majesties government, shall be the oath abovesaid, and no other.

X. No person or persons, who sball at any time hereafter break these articles, or any of them, shall thereby make or cause any other person, or persons, to foi feit or lose the benefit of the same.

XI. The lords justices and general do promise to use their utmost endeavours, that all persons, comprehended in the abovementioned articles, shall be protected and defended from all arrests, and executions for debt or damage, for the space of eight months, next ensuing the date hereof.

XII. Lastly, the lords justices and general do undertake, that their majesties will ratify these articles, within the space of eight months, or sooner, and use their utmost endeavours, that the same shall be ratified and confirmed in parliament.

XIII. And whereas Colonel John Brown stood indebted to several protestants, by judgments of record ; which appearing to the late government, the Lord Tyrconnel, and Lord Lucan, took away the effects the said John Brown had to answer the said debts, and promised to clear the said John Brown of the said debts; which etfects were taken for the publick use of the Irish, and their army: for freeing the said Lord Lucan of the said engagement, passed on the publick account, for payment of the said protestants, for preventing the ruin of the said John Brown, and for satisfaction of his creditors, at the instance of the said Lord Lucan, and the rest of persons, aforesaid, it is agreed, that the said lords justices, and lieutenant-General Ginckle, shall interpose with the king and parliament, to have the estates secured to roman catholicks, by articles and capitulations in this kingdom, charged with, and equally liable 10° the payment of so much of the said debts, as the said Lord Lucan, upon stating accounts with the said John Brown, shall cer. tify under his hand, that the effects taken from the said John Brown amount unto; accounts are to be stated, and the balance certified by the said Lord Lucan, in twenty-one days after the date hereof,

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For the true performance hereof, we have hereunto set our hands,

Charles Porter,
Tho. Coningsby,
Bar. De Ginckle,

N. Purcel,

N. Cusack,

Theobald Butler, H. Maccay,

John Brown, F. Talmash.

Ger. Dillon.

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1. TH.

II. The MILITARY ARTICLES, Agreed upon between the Baron De Ginckle, Lieutenant-General, and Commander in Chief of the English Army, on the one side ; and the Lieutenant-Generals, D'Ussoon, and De Tesse, Commanders in Chief of the Irish Army, on the other side; and the General Officers hereunto subscribing. THAT all persons, without any exceptions, of what quality

or condition soever, that are willing to leave the kingdom of Ireland, shall have free leave to go beyond the seas, to any country (England and Scotland excepted) where they think fit, with their families, household-stuff, plate and jewels.

II. That all the general officers, colonels, and generally all other officers of horse, dragoons, and foot-guards; troops, dragoons, soldiers of all kinds, that are in any garison, place, or post, now in the hands of the Irish, or incamped in the counties of Cork, Clare, or Kerry, as, also, those called rapparees, or volunteers, that are willing to go beyond seas, as aforesaid, shall have free liberty to imbarque themselves wheresoever the ships are, that are appointed to transport them; and to come in whole bodies, as they are now composed, or in parties, companies, or otherwise, without baving any impediment, directly or indirectly.

III. That all persons above-mentioned, that are willing to leave Ireland, and go into France, have leave to declare it at the places and times hereafter mentioned, viz, the troops in Limerick, on Tuesday next, at Limerick; the horse at their camp, on Wednesday; and the other forces that are dispersed in the counties of Clare, Kerry, and Cork, the 18th day of this instant, and on no other, before Monsieur Tumeron, the French intendant, and Colonel' Withers; and after such declaration so made, the troops, that will go into France, must remain under the command and discipline of their officers, that are to conduct them tbither: and deserters of each side shall be given up, and punished accordingly.

IV. That all English and Scotch officers, that serve now in Ireland, shall be included in this capitulation, as well for the security of their estates and goods, in England, Scotland, and Ireland, if



they are willing to remain here, as for passing freely into France, or any other country to serve.

V. That all the general French officers, the intendant, the engineers, the commissaries at war, and other artillery; the treasurer, and other French officers, strangers, and others, whatsoever, that are in Sligo, Ross, Clare, or in the army, or that do trade or commerce, or are otherways employed in any kind of station or condition, shall have leave to pass into France, or any other country; and shall have leave to ship themselves, with all their horses, equipage, plate, papers, and all other effects whatsoever; and that General Ginckle will order pass-ports for them, convoys, and carriages by land and water, to carry them safe from Limerick to the ships where they shall be imbarqued, without paying any thing for the said carriages, or those that are employed therein, with their horses, carts, boats, and shallops.

Vr. That, if any of the aforesaid equipages, merchandise, horses, money, plate, or other moveables, or household-stuff, belonging to the said Irish troops, or to the French officers, or other particular persons whatsoever, be robbed, destroyed, or taken away by the troops of the said general, the said general will order it to be restored, or payment to be made, according to the value that is given in, upon oath, by the person so robbed or plundered; and the said Irish troops to be transported, as aforesaid, and all, persons belonging to them, are to observe good orders in their march and quarters, and shall restore whatever they shall take from the country, or make satisfaction for the same.

VII. That, to facilitate the transporting of the troops, the general will furnish fifty ships, and each ship burden two hundred tons ; for which, the persons, to be transported, shall not be obliged to pay; and twenty more, if there shall be occasion, without their paying for them; and, if any of the said ships shall be of lesser burden, he will furnish more in number to countervail, and also give two men of war to imbarque the principal officers, and serve for a convoy to the vessels of burden.

VIII. That a commissary shall be immediately sent to Cork, to visit the transport-ships, and see what condition they are in for sailing; and that, as soon as they are ready, the troops, to be traosported, shall march with all convenient speed the nearest way, in order to be imbarqued there; and, if there shall be any more men · to be transported, than can be carried off in the said fifty ships,

the rest sball quit the English town of Limerick, and marchi to such quarters as shall be appointed for them, convenient for their transportation, where they shall remain, till the other twenty ships are ready, which are to be in a month's time; and may im. barque in any French ship, that may come in the mean time.

IX. That the said ships shall be furnished with forage for horses, and all necessary provisions, to subsist the officers, troops, dragoons, and soldiers, and all other persons, that are shipped, to be transported into France; which provisions shall be paid for, as soon as all is disimbarqued at Brest, or Nantes, on the coast of Brittany, or any other port in France they can make.

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