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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.

XX. That all those of the said troops, officers, and others, of what character soever, that would pass into France, shall not be stopped upon the account of debt, or any other pretext.

XXI. If after signing this present treaty, and before the artival of the fleet, a French packet-boat, or other transport-ship, shall arrive from France in any other part of Ireland, the general will order a passport, not only for such as must go on board the said ships, but to the ships to come to the nearest port, to the place where the troops to be transported shall be quartered.

XXII. That after the arrival of the said fleet, there shall be free communication and passage between it and the quarters of the abovesaid troops; and especially, for all those that have passes from the chief commanders of the said fleet, or from Monsieur Tameron the intendant.

XXIII. In consideration of the present capitulation, the two towns of Limerick shall be delivered and put into the hands of the general, or any other person he shall appoint, at the time and days hereafter specified, viz. the Irish town, except, the magazines and hospital, on the day of the signing of these present articles; and as for the English town, is shall remain, together with the island, and the free passage of Thomond-bridge, in the hands of those of the Irish army that are now in the garrison, or that shall hereafter come from the counties of Cork, Clare, Kerry, Sligo, and other places above-mentioned, until there shall be convenience found for their transportation.

XXIV. And to prevent all disorders that may happen be tween the garrison that the general shall place in the Irish town, which shall be delivered to him, and the Irish troopers that shall remain in the English town and the island, which they may do, until the troops to be embarked on the first fifty ships shall be gone for France, and no longer; they shall entrench

themselves on both sides, to hinder the communication of the said garrisons; and it shall be prohibited on both sides, to offer any thing that is offensive; and the parties offending shall be punished on either side.

XXV. That it shall be lawful for the said garrison to march out all at once, or at different times, as they can be embarked, with arms, baggage, drums beating, match lighted at both ends, bullet in mouth, colours flying, six brass guns, such as the besieged will chuse, two mortar-pieces, and half the ammunition that is now in the magazines of the said place; and for this purpose, an inventory of all the ammunition in the garrison shall be made in the presence of any person that the general shall appoint, the next day after these present articles shall be signed.

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XXVI. All the magazines of provisions shall remain in the ́hands of those that are now employed to take care of the same, for the subsistence of those of the Irish army that will pass into France and if there shall not be sufficient in the stores, for the support of the said troops, whilst they stay in this kingdom, and are crossing the seas, that upon giving up an account of their numbers, the general will furnish them with sufficient provisions at the king's rates; and that there shall be a free market at Limerick, and other quarters, where the said troops shall be; and in case any provision shall remain in the magazines of Limerick when the town shall be given up, it shall be valued, and the price deducted out of what is to be paid for the provisions to be furnished to the troops on ship-board.

XXVII. That there shall be a cessation of arms at land, as also at sea, with respect to the ships, whether English, Dutch, or French, designed for the transportation of the said troops, until they shall be returned to their respective harbours; and that, on both sides, they shall be furnished with sufficient passports both for ships and men; and if any sea-commander, or captain of a ship, or any officer, trooper, dragoon, soldier, or any other person, shall act contrary to this cessation, the persons so acting shall be punished on either side, and satisfaction shall be made for the wrong that is done; and officers shall be sent to the mouth of the river of Limerick, to give notice to the commanders of the English and French fleets of the pre

sent conjuncture, that they may observe the cessation of arms accordingly.

XXVIII. That for the security of the execution of this present capitulation, and of each article therein contained, the besieged shall give the following hostages And the

general shall give

XXIX. If before this capitulation is fully executed, there happens any change in the government, or command of the army, which is now commanded by general Ginckle; all those that shall be appointed to command the same, shall be obliged to observe and execute what is specified in these articles, or cause it to be executed punctually, and shall not act contrary on any

account.

October 19.

Baron DE GINCKLE.

STATE

OF THE

CATHOLICS OF IRELAND,

FROM THE SETTLEMENT UNDER KING WILLIAM

ΤΟ ΤΗΣ

RELAXATION OF THE POPERY LAWS,

IN THE YEAR 1778,

CHAP. I.

Infringement of the articles of Limerick.

AFTER a tedious and melancholy narrative of the state of the Irish catholics at different periods, for the space of more than of one hundred and fifty years, I should have no occasion to relate the following, had their sufferings ended at the surren der of Limerick. Then indeed they might subscribe with others, in proclaiming the change, a glorious revolution! But the conditions they had by that surrender obtained (I may say sealed with their blood), though agreed upon and signed by both parties, in the most solemn manner, and afterwards ratified and approved by both their majesties, king William and queen Mary, under the great seal of England, were soon after basely infringed contrary to the law of nature, the law of nations, and the public faith.

The infringement of these articles on the part of govern. ment commenced very early after they were signed; and it was afterwards repeated, from time to time, in such a manner, as to prepare the minds of the people to receive with less surprize, the total violation of them by acts to prevent the further growth of popery," which were then in contemplation.

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For although by the first military article, "It was agreed, that all persons of what quality soever, that were willing to

leave the kingdom, should have free liberty to go into the country beyond the seas (England and Scotland excepted) with their families;" yet, it is confessed that the lords justices, and general Ginckle, endeavored to render this article of as little force as possible, "for as great numbers of the Irish officers and soldiers had resolved to enter into the service of France, and to carry their families with them, Ginckle would not suffer their wives and children to be shipped off with the men; not doubting but that by detaining the former, he would have prevented many of the latter from going into that service. This, say, was confessedly an infringement of that article."

And in less than two months after the capitulation of Limerick was confirmed by their majesties, "the justices of peace, sheriffs, and other magistrates, presuming on their power in the country, did in an illegal manner, dispossess several of their majesties subjects, not only of their goods and chattels, but of their lands and tenements, to the great disturbance of the peace of the kingdom, subversion of the law, and reproach of their majesties government." It appears from a letter of the lords justices of the 19th of November, 1691, "that their lordships had received complaints from all parts of Ireland, of the ill treatment of the Irish, who had submitted, had their majesties protection, or were included in articles; and that they were so extremely terrified with apprehensions of the continuance of that usage, that some thousands of them, who had quitted the Irish army, and went home with a resolution not to go for France, were then come back again, and pressed earnestly to go thither, rather than stay in Ireland, where, contrary to the public faith (add these justices) as well as law and justice, they were robbed of their substance and abused in their persons."

In vain did the government of Ireland pretend to put a stop to this crying injustice and cruelty of the inferior civil officers. The lords justices themselves soon after became equally guilty in these respects. It is confessed,3" that Capel, lord justice, in 1693, proceeded as far as it was in his power, to infringe the articles of Limerick." In 1695, the same lord Capel being 2 Id. ib. f. 357.

1 Harris's Life of K. William.

3 Id. ib. f. 350.

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