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after, within the space of one whole year, to commence from the day of such landing, it shall, and may be lawful to and for the merchant, owner or proprietor of such goods and commodities, his or their agents or factors, to export and carry out of this kingdom into any other nation, dominion or country, such and so much of the said goods and commodities so landed, as he or they shall think fit ; and that upon such exportation the whole excise of such goods, which was before paid, or secured to be paid for the same, and one half of the custom of the said goods before paid or secured to be paid, shall be re-paid or allow'd to such merchant, owner, proprietor, his or their factors or agents so exporting, and that within twenty days next and immediately ensuing the date and time of such exportation, tobacco only excepted. And for the more encouragement of building good and serviceable ships, be it enacted by the authority aforesaid, that any person or persons who shall within the space of ten years to commence the 24th of June, 1689, build, or cause to be built within this kindom of Ireland any ship or vessel above twenty-fire tun, and under one hundred tun burthen, shall and -may for the first three voyages any such ship or vessel shall make out of this kingdom, upon the said ships or vessels return from such voyage back into this kingdom, have, receive, or be allowed to his and their own proper use one eighth part of the duties of customs and ex, cise which shall be due or payable to the king, his heirs or suc: cessors, for and out of all the goods and commodities so imported in such ship or vessel upon the said three first returns, which such ship or vessel shall make into this kingdom. And likewise, that any person or persons, who shall within the said space of ten years commencing, as aforesaid, build or cause to be built in this kingdom any ship or vessel exceeding in burthen 100 ton, shall for the first four voyages such ship or vessel shall make out of this kingdom, and upon the said ship or vessels return from the said voyages back to this kingdom, have and receive to his and their own proper use one eiglıth part of the duties of custom and excise, which shall be due or payable to the king, his heirs or successors, for or out of the goods and commodities so imported into such ship or vessel upon the four first returns such ship or vessel shall make. out of this kingdom. And to the end that masters of ships, sea-men, mariners, ship-wrights, carpenters, rope-makers and block-makers

may

be encouraged and invited to come and dwell in this kingdom, and that thereby navigation may improve and increase, be it further enacted by the authority aforesaid, that all and every masters of ships, and ship-wrights, ship-carpenters, sea-men, mariners, rope-makers, and block-makers, who are at present residing within this kingdom, or who shall or do at any time from henceforth come and reside in this kingdom of Ireland, and shall pursue and follow his trade or calling, shall and may for the time and space of ten years after his or their so coming into this kingdom, be freed, exempted, and discharged of, and from all sorts of taxes, and cesses, watch, ward, and quartering of soldiers and officers in and throughout this kingdom: And shall likewise have and be allowed his and their freedom gratis in any town, city, sea-port, corporation or borough, where he or they shall please to reside, and pursue his or their calling or trade. And be it further enacted by the authority aforesaid, that in the respective cities and towns of Dublin, Belfast, Waterford, Cork, Lymerick and Galloway, there shall be established, erected and settled, before the first day of December, 1689, in each of the said towns and cities, and so continued for ever hereafter, a free school for teaching and instructing the mathematicks, and the art of navigation ; in every of which schools there shall be placed and continued one or more able and sufficient master or masters for teach. ing and instructing the said arts : And that every of the said towns and cities shall out of the publick revenue and stock to them be. longing, or otherwise, settle and secure a reasonable pension and stipend for such master or masters, to be paid them quarterly during his and their continuance in such employment or employments : Provided always, and be it further enacted by the authority aforesaid, that the said duties of custom and excise of tobacco of the growth or product of his majesties plantation, shall be and continue payable to his majesty, his heirs and successors, during the time, and so long as the now duties in England of custom and excise on tobacco, amounting to five-pence per pound, shall and do continue, and so long as this kingdom of Ireland shall have a free and open trade to and from the king's said foreign plantations, and no longer; and whensoever the said duties of five pence per pound custom and excise shall cease and determine in England, that then the duties of custom and excise, payable for tobacco imported in this kingdom before the making of this act, shall remain, and be payable for ever thereafter to his majesty, his heirs and successors, and no more or other, and this present duty to cease and determine. Provided likewise, that it shall and may be lawful to and for all and every person 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 said tobacco imported, and that upon such exportation out of this kingdom, the whole duty of excise of the said tobacco, and three half pence per pound of the custom shall be allowed and re-paid the merchant, owner or proprietor, his or their agents or factors so exporting the said tobacco : so that there shall be and remain to his majesty, his heirs and successors, but one half penny per pound custom for the said tobacco so 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.....PAGE 164.

GULIELMUS et Maria Dei gratiâ, Angliæ, Scotiæ, Franciæ, et Hiberniæ, rex et regina, fidei defensores, &c. omnibus ad quos præsentes literæ nostræ pervenerint salutem: inspeximus irrotulament.

Quarumd. literarum patentium de confirmatione, geren. dat. apud West-monsterium vicesimo 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 these presents shall come greeting. Whereas certain articles, bearing date the third day of October last past, made and agreed on between our justices of our kingdom of Ireland, and our general of our forces there on the one part; and several officers there commanding within the city of Limerick in our said kingdom, on the other part. Whereby our said justices and general did untertake that we should ratify those articles, within the space of eight months, or sooner, and use their utmost endeavours that the same should be ratified and confirmed in parliament.

The tenour of which said articles is as follows, viz. Articles agreed upon the third of October, one thousand six hun

dred and ninety-one, between the Right Honourable Sir Charles Porter, knight, and Thomas Conningsby, Esq. Lords Justices 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 Vis

count Gallmoy, Colonel Nicholas Purcel, Colonel Nicholas Cusack, 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 Lime

rick, the counties of Clare, Kerry, Cork, Sligo, and Mayo. In consideration of the surrender of the city of Limerick, and

other agreements made between the said Lieutenant General Ginckle, the Governour of the city of Limerick, and the Generals of the Irish army, bearing date with these presents, for the surrender of the said city, and submission of the said army; it is agreed, that

1. The Roman Catholicks of this kingdom shall enjoy such privileges in the exercise of their religion, as are consistent with the laws of Ireland ; or as they did enjoy in the reign of King Charles the Second; and their majesties, as soon as their affairs will permit them to summon a parliament in this kingdom, will endeavour to procure the said Roman Catholicks such further security in that particular, as may preserve them from any disturbance upon the account of their said religion.

2. All the inhabitants or residents of Limerick or any other garrison now in the possession of the Irish, and all officers and soldiers, now in arms under any commission of King James, or those authorized 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 not prisoners of war, or have taken protection, and who shall return and submit to their majesties obedience; and they and every of them, 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 intitled to in the reign of King Charles the Second, or at any time since, by the laws and statutes that were in force in the said reign of King Charles the Second, and shall be put in possession, by order of the government of such of them, as are in the king's hands, or 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, quit-rents, and other public charges, incurred and become due since Michaelmas, 1688, to the day of the date thereof. 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, and remaining either in their own hands, or the hands of any persons 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 practice their several and respective professions, trades, and callings, as freely as they did use, excercise, and enjoy the same

in the reign of King Charles the Second, 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 comprized : 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 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, 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 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, and submit to their majesties government, and take the above-mentioned oath.

5. 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 misdemeanors whatsoever, by them or any of them, committed since the beginning of the reign of King James the Second, and if any of them are attainted by parliament, the lords justices, and general, will use their best endeavours to get the same repealed by parliament, and the outlawries to be reversed 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 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 those 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 any arms, houses, money, goods, chattels, merchandizes, or provision whatsoever, by them

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