thorized by him, to grant the same in the several counties of Limerick, Clare, Kerry, Cork, and Mayo, or any of them. And all the commissioned officers in their majesties' quarters that belong to the Irish regiments now in being, that are treated with, and who are now prisoners of war, or have taken protection, and who shall return and submit to their majesties' obedience; and their and every of their heirs shall hold, possess, and enjoy, all and every their estates of freehold and inheritance; and all the rights, titles, and interests, privileges and immunities, which they, and every or any of them held, enjoyed, or were rightfully and lawfully entitled to, in the reign of king Charles the II., or at any time since, by the laws and statutes that were in force in the said reign of king Charles the II., and shall be put in possession, by order of the government, of such of them as are in the king's hands, or in the hands of his 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, quitrents, and other public charges incurred, and become due since Michaelmas 1688, to the day of the date hereof; and 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 whatsoever, in trust for, or for the use of them, or any of them. And all, and every the said persons, of what profession, trade 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 Charles the II., provided that nothing in this article contained, be construed to extend to or restore any forfeiting person now out of the kingdom, except what are hereafter comprised: provided also, that no person whatsoever shall have or 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. "Thirdly, All merchants, or reputed merchants of the city of Limerick, or of any other garrison now possessed by the Irish, or of any town or place in the counties of Clare or Kerry, who are absent beyond the seas, that have not bore arms since their majesties' declaration in February, 1688, shall have the benefit of the second article in the same manner as if they were present: provided such merchants do repair into this kingdom in the space of eight months from the date hereof. "Fourthly, The following officers, viz., colonel Simon Lutterel, captain Rowland White, Maurice Eustace of Yermanstown, Chievers of Maystown, commonly called Mount Leinster, now belonging to the regiments in the aforesaid garrisons and quarters of the Irish army, who were beyond the seas, and sent thither upon affairs of their respective regiments or 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, submit to their majesties' government, and take the above-mentioned oath. 66 Fifthly, 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, premunires, felonies, trespasses, and other crimes and misdemeanours whatsoever, by them, or any of them, committed since the beginning of the reign of king James the II., and if any of them are attainted by parliament, the lords-justices and generals will use their best endeavours to get the same repealed by parliament, and the outlawries to be reversed gratis, all but writing clerks' fees. 'Sixthly, And whereas these present wars have drawn on great violences on both parts; and that if leave were given to the bringing all sorts of private actions, the animosities would probably continue, that have been too long on foot, and the public disturbances last; for the quieting and settling therefore of this kingdom, and avoiding these 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 trespasses by them committed, or for arms, horses, goods, money, chattels, merchandizes, or provisions whatsoever, by them seized or taken during the time of 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 the 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. "Seventhly, Every nobleman and gentleman comprised in the said second and third article, 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 for fowling. 66 Eighthly, The inhabitants and residents in the city of Limerick, and other garrisons, shall be permitted to remove their goods, chattels, and provisions, out of the same, without being viewed and searched, or paying any manner of duties, and shall not be compelled to leave the houses or lodgings they now have, for the space of six weeks next ensuing the date hereof. 66 Ninthly, The oath to be administered to such Roman Catholics as submit to their majesties' government, shall be the oath abovesaid, and no other. 66 Tenthly, No person or persons who shall at any time hereafter break these articles, or any of them, shall thereby make, or cause any other person or persons to forfeit or lose the benefit of the same. "Eleventhly, The lords-justices, and general, do promise to use their utmost endeavours, that all the 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. "Twelfthly, Lastly, the lords-justices and general, do undertake, that their majesties do 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. Thirteenthly, And whereas colonel 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 effects were taken for the public use of the Irish, and their army; for freeing the said lord Lucan of his 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 Ginckle, 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 same 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 John 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," CHAR. PORter. THO. CONINGSBY. Present T. TALMASH. "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 to such parts thereof, for which an act of parliament shall be found 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 till 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 confirm the same omitted words, viz:-'And all such as are under their protection in the 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, notwithstanding. Provided always, and our will and pleasure is, that these our letters patent 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 Wesminster, the twenty-fourth day of February anno regni regis et reginæ Gulielmi et 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 presentes. Testibus nobis ipsis apud Westmon. quinto die Aprilis annoq. regni eorum quarto." Examinat. per nos (S. KEEK, BRIDGES. LACON WM. CHILDE,} In cancel. Magistros. By the military articles, there was secured a full permission for such Irish officers and soldiers as might be so inclined to go beyond seas into any country they might think fit (England and Scotland excepted) with their families and moveable property of every description. And by several distinct and specific articles, all the essential provisions to facilitate such a removal were for the time secured. It next became a matter of anxious effort on the part of Sarsfield and the French officers, to bring away with them the greatest number they could of the Irish soldiers, while on the other side, De Ginckle had to exert a vigilant superintendence to prevent the application of constraint. The Irish generals contrived to lock up these men, who were carefully guarded: and large distributions of money, brandy, and other articles of value were made to induce their consent. A lieutenant-colonel who was confined for refusing to go to France, wrote a letter of complaint to De Ginckle, who thereupon commanded a battery to be planted on Ball's Bridge, and in his resentment declared that "he would teach the Irish to play upon him." On this Sarsfield came out to the camp to expostulate, and concluded by saying that he was in De Ginckle's power. "Not so," replied the general, "but you shall go in again and do the worst you can." Sarsfield put a reasonable face on the matter, and showed that they had simply exercised military control over their own officers for misdemeanours. It is not, however, improbable, that the accusation was true. It is also asserted by historians, that at this very time, one of the strong incentives made use of in working on the Irish, was the promise of return in the following year to revenge their defeat: a suggestion so adapted to excite and keep alive a pernicious spirit of disaffection and turbulence, and so opposed to the principle of the treaty just concluded, that if true, we cannot conceive treachery and deception carried much further. Sermons in accordance with the principles of their priesthood in that day of bigotry, were preached, to assert the duty of adherence to the French, and the "certain damnation which would be the consequence if they joined with heretics." A course of proceeding, which, we must say, converts into the most impudent mockery all the complaints of party-writers, on the assumed infringements of the treaty of Limerick. On his part the general put forth a counter declaration, assuring them "how willing he was to indulge and provide for such, who, remaining in the kingdom, or serving their majesties abroad, had rather promote the British and Irish interest, than the designs of France against both. He therefore promised, that all officers and soldiers, who were inclined to return home, should have leave to do so with all their goods and effects, and should be permitted to live quietly under the protection of the government. That though by the capitulation all the troopers of the Irish army (except 600 that had license to go abroad), were to deliver up their horses without payment, yet he gave to the troopers and dragoons leave to sell them to whom they thought fit, and promised to pay them for their arms, upon their giving them up to the artillery officers, either in the Irish town of Limerick, or in the camp; and the same to the foot-soldiers: That those officers and soldiers who were willing to serve under their majesties, should have quarters immediately assigned them, and subsistence till their majesties' further pleasure: and as it has been industriously reported that such of the Irish as should enter into their majesties' service, were to be sent into Hungary, and other remote parts, contrary to their inclinations, he concluded by assuring them, that they should not be obliged to serve in any place against their wills, nor be constrained to take service in Ireland, or to return to their homes, they being at full liberty to choose what side they would take; but if once they went to France, they must never expect to return home again.” men. This declaration was distributed among the Irish, who were drawn together by their commanders. They amounted to 14,000 effective Adjutant-general Withers was commissioned to lay before them the advantages in favour of the English service, and to point out that it was unnatural to serve France against the independence of their own country. The whole body were reviewed on the county of Clare side, and De Ginckle with his generals crossed over to see them. They were then ordered to march, and a point was marked where those who were inclined to stay at home, were to file off from those who were to depart. The royal regiment to the number of 1400, went on for France, with the exception of seven men: "which," says Harris, "gave general Ginckle much concern, for they were the best corps in king James' service." Some regiments and several parties of regiments also declared for France. But lord Iveagh's regiment of Ulster Irish, colonel Wilson's, about half lord Louth's, and great numbers out of nearly every other regiment, came out and filed off for the English service. These latter were then mustered, and provision was made for their subsistence.* Some efforts were made to diminish the ill effect of the articles which thus permitted such numbers of the Irish to enter into a foreign and hostile service. The lords-justices contrived to dismiss the prisoners who were kept at Lambay, to their homes, without inform • Harris. |