ported in this kingdom before the making of this act, fhall remain, and be payable for ever thereafter to his majesty, his heirs and fucceffors, and no more or other, and this prefent duty to ceafe and determine. Provided likewise, that it shall and may be lawful to and for all and every perfon and persons so importing tobacco from time to time, and at all times hereafter, to export and carry out of this kingdom into any other nation or kingdom all or any part of the faid tobacco imported, and that upon fuch exportation out of this kingdom, the whole duty of excife of the faid tobacco, and three half pence per pound of the custom fhall be allowed and re-paid the merchant, owner or proprietor, his or their agents or factors fo exporting the faid tobacco: so that there fhall be and remain to his majesty, his heirs and fucceffors, but one half penny per pound cuftom for the faid tobacco fo exported. No. XLIX. The Civil and Military Articles of Limerick, exactly printed from the Letters Patents, wherein they are ratified and exemplified by their Majesties, under the Great Seel of England. GULIELMUS et Maria Dei gratiâ, Angliæ, Scotia, Franciæ, et Hiberniæ, rex et regina, fidei defenfores, &c. omnibus ad quos præfentes literæ noftræ pervenerint falutem: infpeximus irrotulament. Quarumd. literarum patentium de confirmatione, geren. dat. apud Weftmonsterium vicefimo quarto die Februaü, ultimi præteriti in cancellar. nostr. irrotulat. ac ibidem de recordo remanen. in hæc verba. William and Mary by the grace of God, &c. To all to whom thefe prefents fhall come greeting. Whereas certain articles, bearing date the third day of October last past, made and agreed on between our juftices of our kingdom of Ireland, and our general of our forces there on the one part; and feveral officers there commanding within the city of Limerick in our faid kingdom, on the other part. Whereby our faid juftices and general did undertake that we should ratify thofe articles, within the fpace of eight months, or fooner, and use their utmoft endeavours that the fame should be ratified and confirmed in parliament. The tenour of which faid articles is as follows, viz. Articles agreed upon the third of October, one thousand fix hundred and ninety-one, between the Right Honourable Sir Charles Porter, knight, and Thomas Conningfby, Efq. Lords Juftices of Ireland; and his excellency the Baron de Ginckle, Lieutenant General, and Commander in Chief of the English army, on the one part. And the Right Honourable Patrick Earl of Lucan, Piercy Viscount Gallmoy, Colonel Nicholas Purcel, Colonel Nicholas Cufack, Sir Toby Butler, Colonel Garret Dillon, and Colonel John Brown, on the other part; In behalf of the Irish inhabitants in the city and county of Limerick, the counties of Clare, Kerry, Cork, Sligo, and Mayo. In confideration of the furrender of the city of Limerick, and other agreements made between the faid Lieutenant General Ginckle, the Governour of the city of Limerick, and the Generals of the Irish army, bearing date with these presents, for the furrender of the faid city, and fubmiffion of the faid army; it is agreed, that 1. The Roman Catholics of this kingdom fhall enjoy fuch privileges in the exercife of their religion, as are confiftent with the laws of Ireland; or as they did enjoy in the reign of King Charles the Second; and their majefties, as foon as their affairs will permit them to fummon a parliament in this kingdom, will endeavour to procure the said Roman Catholicks fuch further fecurity in that particular, as may preferve them from any difturbance upon the account of their faid religion. 2. All the inhabitants or refidents of Limerick or any other garrifon now in the poffeffion of the Irish, and all officers and foldiers, now in arms, under any commiffion of King James, or thofe authorized by him, to grant the fame in the feveral counties of Limerick, Clare, Kerry, Cork, and Mayo, or any of them; and all the commiffioned officers in their majesty's quarters, that belong to the Irish regiments, now in being, that are treated with, and who are not prifoners of war, or have taken protection, and who shall return and fubmit to their majefties obedience; and they and every of them, fhall hold, poffefs, and enjoy, all and every their eftates of freehold and inheritance, and all the rights, titles, and interefts, 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 fince, by the laws and ftatutes that were in force in the faid reign of King Charles the Second, and fhall be put in poffeffion, by order of the government of fuch of them, as are in the king's hands, or the hands of his tenants, without being put to any fuit or trouble therein therein; and all fuch eftates fhall be freed and difcharged from all arrears of crown-rents, quit-rents, and other public charges, incurred and become due fince Michaelmas, 1688, to the day of the date thereof. And all perfons comprehended in this article, fhall have, hold, and enjoy all their goods and chattels, real and personal, to them or any of them, belonging, and remaining either in their own hands, or the hands of any perfons whatsoever, in trust for, or for the use of them, or any of them; and all, and every the faid perfons, of what profeffion, trade or calling foever they be, fshall and may use, exercise, and practise their feveral and respective profeffions, trades, and callings, as freely as they did ufe, exercife, and enjoy the fame in the reign of King Charles the Second, provided that nothing in this article contained be conftrued to extend to, or reftore any forfeiting perfon 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 of England, in the first year of the reign of their present majesties, when thereunto required. 3. All merchants, or reputed merchants of the city of Limerick, or of any other garrifon now poffeffed by the Irish or of any town or place in the counties of Clare or Kerry, who are abfent beyond the feas, that have not bore arms fince their majefties declaration in February, 1688, fhall have the benefit of the fecond article, in the fame manner as if they were prefent; provided fuch merchants, and reputed merchants, do repair into this kingdom within the space of eight months from the date hereof. 4. The following officers, viz. Colonel Simon Lutteral, Captain Rowland White, Maurice Euftace of Yermanftown, Chievers of Mayftown, commonly called Mount Leinfter, now belonging to the regiments in the aforefaid garrifons and quarters of the Irish army, who were beyond the feas, and sent thither upon affairs of their respective regiments, or the army in general, fhall have the benefit and advantage of the fecond article, provided they return hither within the space of eight months from the date of these presents, and submit to their majefties government, and take the above-mentioned oath. 5. That all and fingular the faid perfons comprifed in the fecond and third article, shall have a general pardon of all attainders, outlawries, treasons, misprifions of treason, premunires, felonies, trefpaffes, and other crimes and mifdemeanors whatsoever, by them or any of them, committed fince the beginning of the reign of King James the Second, and if any of them are attainted by parliament, the lords juftices, and general, will use their best endeavours to get the fame repealed by parliament, and the outlawries to be reverfed gratis, all but writing-clerks fees. 6. And whereas these present wars have drawn on great violences on both parts; and that if leave were given to the bringing all forts of private actions, the animofities would probably continue, that have been too long on foot, and the public difturbances laft; for the quieting and fettling therefore of this kingdom, and avoiding thofe inconveniences which would be the neceffary confequence of the contrary, no perfon or perfons whatsoever, comprised in the foregoing articles, fhall be fued, molefted, or impleaded at the fuit of any party or parties whatsoever, for any trefpaffes by them committed, or for any arms, houses, money, goods, chattels, merchandizes, or provifion whatsoever, by them feized or taken during the time of the war. And no perfon or perfons whatsoever, in the fecond or third articles comprised, fhall be fued, 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, fince the beginning of the prefent war, to the day of the date hereof, nor for any waste or trefpafs by him or them committed in any fuch lands, tenements or houses: and it is also agreed, that this article shall be mutual and reciprocal on both fides. 7. Every nobleman and gentleman comprised in the faid fecond and third article, fhall have liberty to ride with a fword and cafe of piftols, if they think fit, and keep a gun in their houses for the defence of the fame, or for fowling. 8. The inhabitants and residents in the city of Limerick, and other garrifons, fhall be permitted to remove their goods, chattels, and provisions, out of the fame without being viewed and fearched, or paying any manner of duties, and fhall not be compelled to leave the houses or lodgings they now have, for the space of fix weeks next enfuing the date hereof. 9. The oath to be administered to fuch Roman Catholics as fubmit to their majefties government, shall be the oath above faid, and no other. 10. No perfon or perfons who fhall at any time hereafter break these articles, or any of them, fhall thereby make, or caufe any other perfon or perfons to forfeit or lofe the benefit of the fame. 11. The lords justices and general do promise to use their utmost endeavours, that all the perfons comprehended in the above mentioned articles, fhall fhall be protected and defended from all arrefts and executions for debt or damage, for the space of eight months next enfuing the date hereof. 12. Laftly, the lords juftices and general do undertake, that their majesties will ratify thefe articles within the space of eight months, or fooner, and use their utmost endeavours that the fame shall be ratified and confirmed in parliament. 13. 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 faid John Brown had to answer the faid debts; and promised to clear the faid John Brown of the faid debts: which effects were taken for the public use of the Irish, and their army: for freeing the faid Lord Lucan of his faid engagement, past on their public account, for payment of the faid Proteftants, and for preventing the ruin of the faid John Brown, and for fatisfaction of his creditors, at the inftance of the Lord Lucan, and the rest of the perfons aforefaid, it is agreed, that the faid lords juftices, and the faid Baron De Ginckle fhall intercede with the king and parliament, to have the eftates fecured to Roman Catholicks, by articles and capitulation in this kingdom, charged with, and equally liable to the payment of fo much of the faid debts, as the faid Lord Lucan upon ftating accounts with the faid John Brown, fhall certify under his hand, that the effects taken from the faid John Brown amount unto; which accompt is to be stated, and the balance certified by the faid Lord Lucan in one and twenty days after the date hereof: for the true performance hereof, we have hereunto fet our hands. And whereas the faid city of Limerick hath been fince, in pursuance of the faid articles, furrendered unto us. Now know ye, that we having confidered of the faid articles are graciously pleased hereby to declare, that we do for us, our heirs, and fucceffors, as far as in us lies, ratify and confirm the fame, and every clause, matter, and thing therein contained. And as to fuch parts thereof, for which an act of parliament fhall be found to be neceffary, we shall recommend the fame to be made good by parliament, and fhall give our royal affent to any bill or bills that fhall be paffed by our two houfes of parliament to that purpose. And whereas it appears unto us, that it was agreed between the |