ARTICLE S

AGREED UPON

The third Day of October, One Thousand Six Hundred and Ninety-one.

Between the Right Honourable Sir Charles Porter, Knight, and Thomas Coningsby, 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 the 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 Surrender of the City of Limerick, and other Agreements made between the faid Lieutenant General Ginckle, the Governor of the City of Limerick, and the Generals of the Irish army, bearing date with thefe Prefents, for the Surrender of the City, and Submiffion of the faid Army: it is agreed, That,

I. THE Roman catholics of this kingdom shall enjoy fuch privileges in the exercise 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 faid Roman catholics fuch farther fecurity in that particular, as may preserve them from any disturbance upon the account of their faid religion.

II. All

II. All the inhabitants or refidents of Limerick, or any other garrifon now in the poffeffion of the Irifh, and all officers and foldiers, now in arms, under any commiffion of king James, or those authorised 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 majef ties 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 fhall return and fubmit to their majesties obedience; and their and every of their heirs, fhall hold, poffefs, and enjoy, all and every their eftates 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 intitled to in the reign of king Charles II. or at any time fince, by the laws and ftatutes that were in force in the faid reign of king Charles II. 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; and all fuch eftates fhall be freed and discharged 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 hereof and all perfons comprehended in this article, fhall have, hold, and enjoy all their goods and chattels, real and perfonal, 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, fhall and may ufe, exercise, and practise their feveral and refpective profeffions, trades, and callings, as freely as they did ufe, exercise, and enjoy the fame in the reign of king Charles II. provided that nothing in this article contained be contrued to extend to, or reftore any forfeiting perfon now out of the kingdom, except what are hereafter comprised: provided alfo, that no perfon what

foever shall have or enjoy the benefit of this article, that shall neglect or refufe to take the oath of allegiance,* made by act of parliament in England, in the first year of the reign of their prefent majefties, when thereunto required.

III. All merchants, or reputed merchants of the city of Limerick, or of any other garrison now poffeffed by the Irish, or of any town or place in the counties of Clare or Kerry, who are absent beyond the feas, that have not bore arms fince their majesties 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.

IV. The following officers, viz. Colonel Simon Lutterel, Captain Rowland White, Maurice Eustace of Yermanftown, Chievers of Mayftown, commonly called Mount-Leinster, now belonging to the regiments in the aforefaid garrisons and quarters of the Irish army, who were beyond the feas, and fent thither upon affairs of their refpective 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 prefents, and fubmit to their majefties government, and take the above-mentioned oath.

V. That all and fingular the faid perfons comprised in the second and third articles, fhall have a general pardon of all attainders, outlawries, treasons, mifprifions of treafon, premunires, felonies, trefpaffes, and other crimes and mifdemeanours whatfoever, by them, or any of them, committed fince the beginning of the reign of king James II. and if any of them are attainted by parliament, the lords juftices, and general, will ufe their best endeavours to get the fame repealed by parliament, and the outlawries to be reverfed gratis, all but writing-clerks fees. VOL. II. VI. And

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* I A. B. do fincerely promise and swear, that I will be faithful, and bear true Allegiance to their Majefties King William and Queen Mary. So help me GOD.

VI. 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 disturbances laft for the quieting and fettling therefore of this kingdom, and avoiding thofe inconveniences which would be the neceffary confequence of the contrary, no person or perfons whatsoever, comprised in the foregoing articles, fhall be fued, molested, or impleaded at the fuit of any party or parties whatsoever, for any trefpaffes by them committed, or for any arms, horses, money, goods, chattels, merchandizes, or provisions whatsoever, by them feized or taken during the time of the war. And no perfon or perfons whatsoever, in the second 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 alfo agreed, that this article fhall be mutual and reciprocal on both fides.

VII. Every nobleman and gentleman comprised in the said second and third articles, fhall have liberty to ride with a fword, and cafe of pistols, if they think fit; and keep a gun in their houfes, for the defence of the fame, or for fowling.

VIII. The inhabitants and refidents in the city of Limerick, and other garrifons, fhall be permitted to remove their goods, chattels, and provifions, 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.

IX. The oath to be administered to fuch Roman catholics as fubmit to their majefties government, shall be the oath abovefaid, and no other.

X. No perfon or perfons who fhall at any time hereafter break thefe articles, or any of them, fhall thereby make, or cause any other perfon or persons to forfeit or lofe the benefit of the fame.

XI. The lords juftices and general do promise to use their utmost endeavours, that all the persons comprehended in the above-mentioned articles, 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.

XII. Lastly, the lords juftices and general do undertake, that their majesties will ratify these articles within the space of eight months, or fooner, and use their utmost endeavours that the fame fhall be ratified and confirmed in parliament.

XIII. And whereas Colonel John Brown stood indebted to feveral proteftants, 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 ufe of the Irish, and their army: for freeing the faid Lord Lucan of his faid engagement, paft 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 instance of the Lord Lucan, and the rest of the perfons aforesaid, 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 catholics, 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 Brown amount unto; which accompt is to be ftated, and the balance certified by the faid Lord Lucan in one and twenty days after the date hereof: