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agreed, that this article shall be mutual, and reciprocal, on both sides..
VII. Every nobleman and gentleman, comprised in the said second and third articles, shall have liberty to ride with a sword, and case of pistols, if they think fit ; and keep a gun in their houses, for the defence of the same, or fowling.
VIII. The inhabitants and residents of the city of Limerick, and other garisons, shall be permitted to remove their goods, chattels, and provisions, out of the same, without being viewed or searched, or paying any manner of duty; and shall not be compelled to leave their houses or lodgings they now have therein, for the space of six weeks next ensuing the date hereof.
IX. The oath, to be administered to such Roman catholicks as submit to their majesties government, shall be the oath abovesaid, and no other.
X. No person or persons, who shall at any time hereafter break these articles, or any of them, shall thereby make or cause any other person, or persons, to forfeit or lose the benefit of the same.
XI. The lords justices and general do promise to use their utmost endeavours, that all persons, comprehended in the abovementioned articles, shall be protected and defended from all arrests, and executions for debt or damage, for the space of eight months, next ensuing the date hereof.
XII. Lastly, the lords justices and general do undertake, that their majesties will ratify these articles, within the space of eight months, or sooner, and use their utmost endeavours, ibat the same shall be ratified and confirmed in parliament.
XIII. 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 said John Brown bad to answer the said debts, and promised to clear the said John Brown of the said debts; which effects were taken for the publick use of the Irish, and their army : for freeing the said Lord Lucan of the said engagement, passed on the publick account, for payment of the said protestants, for preventing the ruin of the said John Brown, and for satisfaction of his creditors, at the instance of the said Lord Lucan, and the rest of persons, aforesaid, it is agreed, that the said lords justices, and Jieutenant-General Ginckle, shall interpose with the king and parliament, to have the estates secured to roman catbolicks, by articles and capitulations in this kingdom, charged with, and equally liable 10 the payment of so much of the said debts, as the said Lord Lucan, upon stating accounts with the said John Brown, shall certify under his hand, that the effects taken from the said John Brown amount unto; accounts are to be stated, and the balance certified by the said Lord Lucan, in twenty-one days after the date hereof;
For the true performance hereof, we have hereunto set our hands,
Theobald Butler, H. Maccay,
Ger. Dillon. F. Talmash.
II. The MILITARY ARTICLES, Agreed upon between the Baron De Ginckle, Lieutenant-General, and
Commander in Chief of the English Army, on the one side ; and the Lieutenant-Generals, D’Ussoon, and De Tesse, Commanders in Chief of the Irish Army, on the other side; and the General
Officers hereunto subscribing. I. THAT all persons, without any exceptions, of what quality
or condition soever, that are willing to leave the kingdom of Ireland, shall have free leave to go beyond the seas, to any country (England and Scotland excepted) where they think fit, with their families, household-stuff, plate and jewels.
II. That all the general officers, colonels, and generally all other officers of horse, dragoons, and foot-guards ; troops, dragoons, soldiers of all kinds, that are in any garison, place, or post, now in the hands of the Irish, or incamped in the counties of Cork, Clare, or Kerry, as, also, those called rapparees, or volunteers, that are willing to go beyond seas, as aforesaid, shall have free liberty to imbarque themselves wheresoever the ships are, that are appointed to transport them; and to come in whole bodies, as they are now composed, or in parties, companies, or otherwise, without baving any impediment, directly or indirectly.
III. That all persons above-mentioned, that are willing to leave Ireland, and go into France, have leave to declare il at the places and times hereafter mentioned, viz, the troops in Limerick, on Tuesday next, at Limerick; the horse at their camp, on Wednesday; and the other forces that are dispersed in the counties of Clare, Kerry, and Cork, the 18th day of this instant, and on no other, before Monsieur Tumeron, the French intendant, and Colonel Withers; and after such declaration so made, the troops, that will into France, must remain under the command and discipline of their officers, that are to conduct them thither: and deserters of each side shall be given up, and punished accordingly.
IV. That all English and Scotch officers, that serve now in Ireland, shall be included in this capitulation, as well for the security of their estates and goods, in England, Scotland, and Ireland, if
they are willing to remain here, as for passing freely into France, or any
other country to serve. y. That all the general French officers, the intendant, the engineers, the commissaries at war, and other artillery; the treasurer, and other French officers, strangers, and others, whatsoever, that are in Sligo, Ross, Clare, or in the army, or that do trade or commerce, or are otherways employed in any kind of station or condition, shall have leave to pass into France, or any other country; and shall have leave to ship themselves, with all their horses, equipage, plate, papers, and all other effects whatsoever; and that General Ginckle will order pass-ports for them, convoys, and carriages by land and water, to carry them safe from Limerick to the ships where they shall be imbarqued, without paying any thing for the said carriages, or those that are employed therein, with their horses, carts, boats, and shallops.
VI. That, if any of the aforesaid equipages, merchandise, horses, money, plate, or other moveables, or household-stuff, belonging to the said Irish troops, or to the French officers, or other particular persons whatsoever, be robbed, destroyed, or taken away by the troops of the said general, the said general will order it to be restored, or payment to be made, according to the value that is given in, upon oath, by the person so robbed or plundered; and the said Irish troops to be transported, as aforesaid, and all persons belonging to them, are to observe good orders in their march and quarters, and shall restore whatever they shall take from the country, or make satisfaction for the same.
VII. That, to facilitate the transporting of the troops, the general will furnish fifty ships, and each ship burden two hundred tons ; for which, the persons, to be transported, shall not be obliged to pay; and twenty more, if there shall be occasion, without their paying for them; and, if any of the said ships shall be of lesser burden, he will furnish more in number to countervail
, and also give two men of war to imbarque the principal officers, and serve for a convoy to the vessels of burden.
VIII. That a commissary shall be immediately sent to Cork, to visit the transport-ships, and see what condition they are in for sailing; and that, as soon as they are ready, the troops, to be transported, shall march with all Convenient speed the nearest way, in order to be imbarqued there; and, if there shall be any more men to be transported, than can be carried off in the said fifty ships, the rest shall quit the English town of Limerick, and march to such quarters as shall be appointed bor them, convenient for their transportation, where they shall remain, till the other twenty ships are ready, which are to be in a month's time; and may imbarque in any. French ship, that may come in the mean time.
IX. That the said ships shall be furnished with forage for horses, and all necessary provisions, to subsist the officers, troops, dragoons, and soldiers, and all other persons, that are shipped, to be transported into France; which provisions shall be paid for, as soon aş all is disimbarqued at Brest, or. Nantes, on the coast of Brittany, or any other port in France they can make.
X. And, to secure the return of the said ships (the danger of the seas excepted) and the payment for the said provisions, sufficient bostages shall be given.
XI. That the garisons of Clare-Castle, Ross, and all other foot that are in garisons, in the counties of Clare, Cork, and Kerry, shall have the advantage of this capitulation ; and such part of the garisons, as design to go beyond the seas, shall march out with their arms, baggage, drums beating, ball in mouth, match lighted at both ends, colours flying, with all their provisions, and half the ammunition, that is in the said garison's town, with the horse that march to be transported; or, if then there is not shipping enough, the body of foot, that is to be transported next after the horse, General Ginckle will order, that they be furnished with carriages for that purpose, and what provision they shall want for their march, ihey paying for the said provisions, or else, that they may take it out of their own magazines.
XII. That all the troops of horse and dragoons, that are in the counties of Cork, Kerry, and Clare, shall have the benefit of this capitulation; and that such, as will pass into France, shall have quarters given them in the counties of Clare and Kerry, a.part from the troops commanded by General Ginckle, until they can be shipped; and, within their quarters, they shall pay for all things, excepting forage, and pasture for their horses, which shall be furnished gratis.
XIII. Those of the garison of Sligo, that are joined to the Irish army, shall have the benefit of this capitulation; and orders shall be sent to them, that are to convey them up, to bring them hither to Limerick the shortest way.
XIV. The Irish may have liberty to transport nine hundred horse, including horses for the officers, which shall be transported gratis ; and, as for the troops that stay behind, they shall dispose of themselves, as they shall think fit, giving up their arms and horses, to such persons as the general shall appoint.
XV. It shall be permitted, for those that are appointed to take care for the subsistence of the horse, that are willing to go into France, to buy hay and corn at the king's rates, where-ever they can find it, in the quarters that are assigned for them, without any lett 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 place where they shall be imbarqued.
XVI. 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 imbarqued; and, if there be not enough, it shall be lawful to buy hay and oats, where-ever they shall be found, at the king's rates.
XVII. That all prisoners of war, that were in Ireland the twenty-eighth of September, shall be set at liberty on both sides; and the general promises to use his endeavours, that the prisoners, that are in England and Flanders, shall be set at liberty also.
XVIII. The general will cause provisions and medicines to be furnished to the sick and wounded officers, troops, dragoons, and soldiers of the Irish army, that cannot pass into France at the first imbarquement; and, after they are cured, will then order ships to pass into France, if they are willing:
XIX. That, at the sigoing hereof, the general will send a ship express to France; and then, besides, will furnish two small ships, of those that are now in the river of Limerick, to transport (wo persons into France, that are to be sent to give notice of this treaty; and that the commanders of the said ships shall have or ders to put a shore at the next place 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, on the account of debt, or any other pretence.
XXI. If, after signing this present treaty, and before the arrival of the fleet, a French packet-boat, or other transport-slip, 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 ship, but to the ships to come to the nearest port, to the place wliere the troops, to be transported, shall be quartered.
XXII. That, after the arrival of the said fleet, there shall be a free cominunication, and passage, between it and the abovesaid troops; and especially, for all those that have passes from the chief commanders of the said fleet, or from Monsieur Tumeron, the intendant.
XXIII. In consideration of the present capitulation, the town 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 signing the 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 in the garison, or that shall hereafter come from the counties of Cork, Clare, Kerry, Sligo, and other places above-mentioned, until there be convenience found for their transportation.
XXIV. And, to prevent all disorders that may happen between the garisons, 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 island; which they may do, until the troops be imbarqued on the first fifty ships that shall be gone for France, and no longer; they shall intrench themselves on both sides, to hinder the communication of the said garisons; and it shall be prohibited on both sides, to offer any thing offensive, and the parties offending shall be punished on either side.
XXV. That it shall be lawful for the said garison to march out all at once, or at different times, as they can be imbarqued, with arms, baggage, drums beating, match lighted at both ends, bullet in mouth, colours flying, six brass guns, such as the besieged will