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let or molestation, and to carry all necessary provisions out of the city of Limerick, and for this purpose the general will furnish convenient carriages for them to the places where they shall be embarked.
· 16. It shall be lawful to make use of the hay preserved in the stores of the county of Kerry, for the horses that shall be embarked; and if there be not enough, it shall be lawful to buy hay and oats wherever it shall be found, at the king's rates.
17. That all prisoners of war, that were in Ireland the 28th of September, shall be set at liberty on both sides; and the general promises to use his endeavours, that those that are in England and Flanders shall be set at liberty also.
18. The general will cause provisions and medicines to be furnished to the sick and wounded officers, troopers, dragoons, and soldiers of the Irish army that cannot pass into France at the first embarkment, and after they are cured, will order them ships to pass into France, if they are willing to go.
19. That on 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 ship shall have orders to put a-shore at the next port of France where they shall make.
20. 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.
21. If after signing this present treaty, and before the arrival 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.
22. 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.
23. 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, it 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.
24. And to prevent all disorders that may happen between 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 intrench 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.
25. 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.
26. 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 provisions 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 provision to be furnished to the troops on ship-board.
27. 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 present conjuncture, that they may observe the cessation of arms accordingly.
28. 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
29. If before this capitulation is fully executed, there happens any change in the government, or command in 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.
Baron DE GINCKLE. October 19.
THE LORD LIEUTENANT'S PROTEST AGAINST THE HOUSE OF COM
MONS CLAIM TO THE RIGHT OF ORIGINATING MONEY BILLS, .....PAGE 172.
WHEREAS at a parliament, holden at Drogheda in the tenth year of the reign of King Henry VII. an act was made for and concerning the order, manner, and form of parliaments, to be holden and kept in this realm of Ireland ; and by another act, made at parliament, holden at Dublin in the third and fourth year of King Philip and Queen Mary, it was ordained, enacted and established, that no parliament should be summoned or holden within this realm of Ireland, until such time as the lieutenant, lord deputy, lord justice or lords justices, chief governor or governors, or any of them, and the council of this realm for the time being, should have certified the king and queen's majesties, their heirs and successors, under the great seal of this realm of Ireland, the considerations, causes and articles of such act, provisions and ordinances, as by them should be thought meet and necessary, to be enacted and passed here by parliament; and should have received again their majesties' answer under the great seal of England, declaring their pleasures, either for passing of the said act, provisions and ordinances, in the form and tenor as they should be sent into England, or else for change and alteration of them, or any part of the same: And that as well after any authority of licence sent into this kingdom for holding a parliament, as also at all times after the summons, and during the time of any parliament, to be thereafter holden within this realm, the lieutenant, lord deputy, lord justice and lord justices, or other chief governor and council of this kingdom, for the time being, should and might certify all such other considerations, causes, tenors, provisions and ordinances, as they should further think good to be enacted and established, at and in the said parliament to the king and queen's majesty, their heirs and successors, un. der the great seal of this realm of Ireland ; and such considerations, causes, tenors, provisions and ordinances, or any of them as should be thereupon certified and returned into this realm, under the great seal of England, and no other, should and might pass and be enacted here, in any such parliament within this said realm of Ireland, in case the same consideration, causes, tenors, provisions and ordinances, or any of them, should be agreed or resolved on by the then estates of the said parliament.
And whereas in this present session of parliament, a bill intitled, an act for granting unto their majesties an additional duty on beer, ale and other liquors, which had been certified by us the the lord lieutenant of this kingdom and the council, unto the king and queen's majesty, under the great seal of England, and by us sent to the House of Commons to be considered of in this present parliament, the said commons having the said bill lying upon the table, on the 27th day of the month of October last, did come to a vote thereupon, and resolved, that it is the sole and undoubted right of the said commons to prepare heads of bills for raising money. And further, on the 28th day of the same October, a motion being made in the said house, and the question put, that a bill then on the table, which had likewise been regularly transmitted in the same form, intitled, an act for granting duties for one year, might be read; it passed in the negative : And the said House of Commons resolved, that the said bill be rejected by that house ; and further resolved, that it be entered in the journals of that house, that the reason why the said bill was rejected, is, that the same had not its rise in that house. All which resolutions and proceedings appear in the journals of the House of Commons, printed by their order and authority, by which votes and resolutions, the said House of Commons do exclude their majesties and the crown of England from the right of transmitting any bills for granting of money, or other aids to their majesties, and their successors : which recited votes, resolutions and proceedings of the House of Commons, being contrary to the said recited acts of parliament, and the continued usage and practice ever since the making thereof, and a great invasion upon their majesties prerogative, and the rights of the crown of England: We the lord lieutenant, as well to assert the rights of the crown of England, (whereof we are and ever will be most tender) in transmitting such bills under the great seal of England, to be considered of in parliament, as to discharge the trust reposed in us, and prevent the inconveniences which may hereafter happen, in case these votes and resolutions of the house of commons should be made publick, or remain in their journals, without any contradiction or animadversion, have thought it necessary, this day, in full parliament, to protest: And we do accordingly protest against the aforesaid votes and resolutions made by the House of Commons, and entered in their journals, and assert, protest and declare, that it is their majesties' prerogative and the undoubted right of the crown of England, observing the forms in the said several acts, to transmit bills under the great seal of England for granting of aids to their majesties', their heirs and successors, which said bills, so transmitted, ought to be read and considered by the House of Commons, in this kingdom: And therefore, the said recited votes and proceedings of the House of Commons, are contrary to the acts of parliament above mentioned, and the constant practice and usages in all parliaments since the making thereof; and also highly derogatory to their majesties' royal authority, and the rights of the crown of England. By his excellency's special command,
REPORT OF THE COMMISSIONERS UPON THE FORFEITED LANDS....
THE commissioners met with great difficulties in their enquiries, which were occasioned chiefly by the backwardness of the people of Ireland to give any information, out of fear of the grantees, whose displeasure in that kingdom was not easily borne ; and by reports industriously spread and believed, that their enquiry would come to nothing. Nevertheless, it appeared to them, that the persons outlawed in England, since the 13th February,