of the said debts; which effects were taken for the public use of the Irish, and their Army. For freeing the said Lord Lucan of his said engagement, past on their public account, for payment of the said Protestants, and for preventing the ruin of the said John Brown, and for satisfaction of his creditors, at the instance of the Lord Lucan, and the rest of the persons aforesaid, It is agreed, that the said Lords Justices, and the said Baron de Ginckell, shall intercede with the King and Parliament, to have the estates secured to Roman Catholics, by Articles and Capitulation, in this Kingdom, charged with, and equally liable to the payment of so much of the said debts, as the said Lord Lucan, upon stating accounts with the said John Brown, shall certify under his hand that the effects taken from the said Brown amount unto; which account is to be stated, and the balance certified by the said Lord Lucan in one and twenty days after the date hereof.

For the true performance hereof, we have hereunto set our Hands.

AND Whereas the said City of Limerick hath been since, in pursuance of the said Articles, surrendered unto us. Now know ye, that we having considered of the said Articles, are graciously pleased hereby to declare, that we do for Us, our Heirs and Successors, as far as in us lies, ratify and confirm the same, and every clause, matter and thing, therein contained. And as to such parts thereof, for which an Act of Parliament shall be found to be necessary, we shall recommend the same to be made good by Parliament, and shall give our Royal Assent to any Bill or Bills, that shall be passed by our two Houses of Parliament to that purpose.

And whereas it appears unto us, that it was agreed between the parties to the said Articles, that after the words, Limerick, Clare, Kerry. Cork, Mayo, or any of them, in the second of the said Articles, the words following, viz. "And all such as are under their protection in the said Counties," should be inserted, and be part of the said Articles. Which words having been casually omitted by the writer, the omission was not discovered until after the said Articles were signed, but was taken notice of before the second Town was surrendered. And that our said Justices, and General, or one of them, did promise that the said clause should be made good, it being within the intention of the Capitulation, and inserted in the foul draught thereof.

- Our further will and pleasure is, and we do hereby ratify and con firm the said omitted words, viz. “And all such as are under

their protection in the said Counties," hereby for us, our heirs, and successors, ordaining and declaring, that all and every person and persons, therein concerned, shall and may have, receive and enjoy, the benefit thereof, in such and the same manner, as if the said words had been inserted in their proper place, in the said second Article; any omission, defect or mistake in the said second Article, in any wise notwithstanding.

Provided always, and our will and pleasure is, that these our Letters Patents shall be enrolled in our Court of Chancery, in our said Kingdom of Ireland, within the space of one year next ensuing. In Witness, &c.

Witness ourself, at Westminster, the twenty-fourth day of February, Anno Regni Regis & Regina Gulielmi & Mariæ Quarto, per Breve de Privato Sigillo, Nos autem Tenorem Premissor. Predict. ad Requisitionem Attornat. General Domini Regis et Dominæ Reginæ pro Regno Hiberniæ. Duximus exemplificand. per Presentes. In cujus Rei Testimonium has literas nostras fieri fecimus Patentes. Testibus nobis ipsis apud Westmon. Quinto die Aprilis, Annoque Regni eorum Quarto.

Between the Baron de Ginckell, Lieutenant General, and Commander in Chief of the English Army, on the one side;

AND

The Lieutenant Generals de Ussoon, and de Tesse, Commanders in Chief of the Irish Army, on the other; and the General Officers hereuto subscribing.

ART. I. That all persons, without any exceptions, of what quality or condition soever, that are willing to leave the Kingdom of Ireland, shall have free liberty to go to any country beyond the seas, (England and Scotland excepted,) where they think fit, with their families, household stuff, plate and jewels.

II. That all General Officers, Colonels, and generally all other Officers of Horse, Dragoons and Foot Guards, Troopers, Dragooners, Soldiers of all kinds that are in any Garrison

Place or Post, now in the hands of the Irish, or encamped in the Counties of Cork, Clare and Kerry, as also those called Rapparees, or Voluntiers, that are willing to go beyond seas as aforesaid, shall have free leave to embark themselves, wherever 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 having any impediment, directly or indirectly.

III. That all persons above-mentioned, that are willing to leave Ireland, and go into France, shall have leave to declare it at the times and places hereafter mentioned, viz. The troops in Limerick on Tuesday next in Limerick; the horse at their camp on Wednesday, and the other forces that are dispersed in the Counties of Clare, Kerry, and Cork, on the 8th instant, and on none other, before Monsieur Tameron, the French Intendant, and Colonel Withers and after such Declaration is made, the troops that will go into France must remain under the command and discipline of their Officers, that are to conduct them thither; 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 of the Artillery, the Treasurer, and other French Officers, Strangers, and all others whatsoever, that are in Sligo, Ross, Clare, or in the Army, or that do trade or commerce, or are otherwise employed in any kind of station or condition, shall have free 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 their effects whatever; and that General Ginckell will order passports for them, convoys, and carriages by land and water, to carry them safe from Limerick, to the ships where they shall be embarked, without paying any thing for the said carriages, or to those that are employed therein, with their horses, carts, boats, and shallops.

VI. That if any of the aforesaid equipages, merchandize, horses, money, plate, or other moveables, or household stuff, belonging to the said Irish troops, or to the French OMcers, 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 other persons belonging to them, are to observe good order in their march and quarters, and shall

restore whatever they shall take from the country, or make restitution for the same.

VII. That to facilitate the transporting the said troops, the General will furnish fifty ships, each ship's burthen 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 he of lesser burthen, he will furnish more in number to countervail; and also give two Men of War to embark the prin-. cipal Officers and serve for a convoy to the vessels of burthen.

VIII. That a Commissary shall be immediately sent to Cork to visit the transport ships, and what condition they are in for sailing; and that as soon as they are ready, the troops to be transported shall march with all convenient speed the nearest way, in order to embark there. And if there shall he any more men to be transported, than can be carried off in the said fifty ships, the rest shall quit the English Town of Limerick, and march to such quarters as shall be appointed for them, convenient for their transportation, where they shall remain 'till the other twenty ships be ready, which are to be in a month; and may embark on any French ship that may come in the mean time,

IX. That the said ships shall be furnished with forage for horse, 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 provision shall be paid for, as soon as all are disembarked at Brest or Nantz, upon the coast of Brittany, or any other port in France they can make.

X. And to secure the return of the said ships, (the danger of the seas excepted,) and payment of the said provisions, suffi cient hostages shall be given.

XI. That the Garrisons of Clare Castle, Ross, and all other Foot that are in Garrisons, in the Counties of Clare, Cork, and Kerry, shall have the advantage of this present Capitulation, and such part of those Garrisons as design to go beyond seas, shall march out with their arms, baggage, drums beating, ball in mouth, match lighted at both ends, and colours flying, with all the provisions, and half the ammunition that is in the said Garrisons, and join the horse that march to be transported; or if then there is not shipping enough for the body of foot that is to be next transported after the horse, General Ginckell will order that they be furnished with carriages for that purpose, and what provision they shall want in their march, they paying for the said provisions; or else that they may take it out of their own Magazines.

XII. That all the troops of horse and dragoons that are in the Counties of Cork, Kerry and Clare, shall also have the benefit of this Capitulation; and that such as will pass into

France shall have quarters given them in the Counties of Clare and Kerry, apart from the troops that are commanded by General Ginckell, uniil they can be shipped; and within their quarters they shall pay for every thing, except forage, and pasture for their horses, which shall be furnished gratis.

XIII Those of the Garrison of Sligo, that are joined to the Irish Army, shall have the benefit of this Capitulation; and orders shall be sent to them that are to convey them up, to bring them hither to Limerick the shortest way.

XIV. The Irish Army may have liberty to transport nine hundred horse, including horses for the Officers, which shall be transported gratis; and as for the troopers that stay behind, they shall dispose of themselves as they shall think fit; giving up their horses and arms to such persons as the General shall appoint.

XV. It shall be permitted to those that are appointed to take care for the subsistence of the horse, that are willing to go into France, to buy hay and corn at the King's rates, wherever they can find it in the quarters that are assigned for them, without any let or molestation; and to carry all necessary provisions out of the City of Limerick. And for this purpose the General will furnish convenient carriages for them to the places where they shall be embarked.

XVI. It shall be lawful to make use of the hay, preserved in the stores of the County Kerry, for the horses that shall be embarked; and if there be not enough, it shall be lawful to buy hay and oats wherever it shall be found, at the King's

rates.

XVII. That all Prisoners of War, that were in Ireland the 28th of September, shall be set at liberty on both sides; and the General promises to use his endeavour, that those that are in England and Flanders shall be set at liberty also.

XVIII. The General will cause provisions and medicines to be furnished to the sick and wounded Officers, Troopers, Dragoons, and Soldiers of the Irish Army, that cannot pass into France at the first embarkment; and after they are cured, will order them ships to pass into France, if they are willing to go.

XIX. That at the signing hereof, the General will send a ship express to France; and that besides he will furnish two small ships of those that are now in the river of Limerick, to transport two persons into France, that are to be sent to give notice of this treaty; and that the Commanders of the said ships shall have orders to put ashore at the next port of France, where they shall make.