met on the other bank from four regiments of dismounted dragoons, who were driven back from their position. The enemy was taken by surprise; the sound of conflict came from far, and conveyed no suspicion to the few who were awake to hear it. The approach of the English aroused the Irish camp, and created panic and wild disorder, in which, had not De Ginckle restrained the pursuit, a great slaughter must have followed. We cannot afford to detail the incidents of the next eight days, during which several manœuvres were executed by either side, and fresh dispositions made by De Ginckle for the assault of the works by which the Thomond gate was protected. The attack was at last made; it was considered so hazardous by the general, that he ordered his grenadiers not to venture too far, an order which, in the heat of conflict, they little heeded. A desperate and bloody struggle ensued, in which the Irish were driven back, were reinforced from within and rallied, but at last compelled to give way. They were arrested in their flight. A French officer who commanded the gate, seeing the imminent danger, ordered the drawbridge to be raised. It was a death warrant to the fugitive crowd. Suddenly checked, they stood on their defence, and a hideous carnage followed. There were slain on the spot 750 Irish; several prisoners were taken. Of the English, 20 privates were killed, and 60 wounded. The result was that the garrison, cut off from the country and from its horse, began to think seriously of capitulation, and next day they beat a parley on both sides of the town. We pass the lesser details of the negotiation. Some very serious differences protracted the discussion. Terms were proposed by Sarsfield which were wholly inadmissible, and which, if granted, must have renewed the ancient disorder, and restored a state inconsistent with any constitutional government. De Ginckle's answer was the re-erection of his battery, on which it was requested that he would propose his own terms. In answer he sent twelve articles which formed the basis of capitulation. The historical interest attached to the civil portion of these articles, induces us to incorporate them with this chapter to some extent, according to their more or less permanence of interest, or the further questions they may have led to. The lords-justices arrived on the 1st October, and on the 3d, the articles were signed in two parts. One, relative to the surrender of the town, and signed by the military commanders on either side: the other relative to the privileges and concessions to the Irish, signed by the civil authorities, and several of the Irish nobility and gentry. The event occurred most providentially but a day or two before the arrival of a fleet in Dingle bay, sent by the king of France to relieve the city. It amounted to eighteen ships of the line, or frigates, six fire-ships, and twenty large transports, with ten thousand stand of arms, two hundred officers, and three thousand soldiers. The result would have had for its least consequences another campaign, with a winter of extreme distress to both parties, and a vast amount of added loss, slaughter, and suffering, through the entire country. The result, indeed, can hardly be pronounced with certainty. The historical interest, attached to the civil portion of these articles, leads us to insert them here with out any mutilation: the military articles, to the number of twentynine, may be seen in Harris's appendix,* as well as in many other works of extensive compilation. "In consideration of the surrender of the city of Limerick, and other agreements made between the said lieutenant-general Ginckle, the governor 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, "First, The Roman catholics 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 II.; 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 catholics such further security in that particular, as may preserve them from any disturbance upon the account of their said religion. "Secondly, All the inhabitants or residents of Limerick, or any other gårrison now in 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 now prisoners of war, or have taken protection, and who shall return and submit to their majesties' obedience; and their and every of their heirs 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 entitled to, in the reign of king Charles the II., or at any time since, by the laws and statutes that were in force in the said reign of king Charles the II., and shall be put in possession, by order of the government, of such of them as are in the king's hands, or in 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 crownrents, quitrents, and other public charges incurred, and become due since Michaelmas 1688, to the day of the date hereof; 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, or remaining either in their own hands, or the hands of any person 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 practise, their several and respective professions, trades and callings, as freely as they did use, exercise and enjoy the same in the reign of king Charles the II., 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 comprised: 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 in England in the first year of the reign of their present majesties, when thereunto required. * No. 63. 66 "Thirdly, 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 do repair into this kingdom in the space of eight months from the date hereof. Fourthly, The following officers, viz., Colonel Simon Lutterel, 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, submit to their majesties' government, and take the above-mentioned oath. "Fifthly, 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 misdemeanours whatsoever, by them, or any of them, committed since the beginning of the reign of king James the II., and if any of them are attainted by parliament, the lords-justices and generals will use their best endeavours to get the same repealed by parliament, and the outlawries to be reversed gratis, all but writing clerks' fees. "Sixthly, 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 these 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 arms, horses, goods, money, chattels, merchandizes, or provisions whatsoever, by them seized or taken during the time of war. And no person or persons whatsoever, in the second or third articles comprised, shall be sued, 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, since the beginning of the present war, to the day of the date hereof, nor for any waste or trespass by him or them committed in any such lands, tenements, or houses: and it is also agreed, that this article shall be mutual and reciprocal on both sides. "Seventhly, Every nobleman and gentleman comprised in the said second and third article, 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 for fowling. "Eighthly, The inhabitants and residents in the city of Limerick, and other garrisons, shall be permitted to remove their goods, chattels, and provisions, out of the same, without being viewed and searched, or paying any manner of duties, and shall not be compelled to leave the houses or lodgings they now have, for the space of six weeks next ensuing the date hereof. "Ninthly, The oath to be administered to such Roman Catholics as submit to their majesties' government, shall be the oath abovesaid, and no other. Tenthly, 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. "Eleventhly, The lords-justices, and general, do promise to use their utmost endeavours, that all the 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. "Twelfthly, Lastly, the lords-justices and general, do undertake, that their majesties do ratify these articles within the space of eight months, or sooner, and use their utmost endeavours that the same shall be ratified and confirmed in parliament. "Thirteenthly, And whereas Colonel 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 had to answer the said debts, and promised to clear the said John Brown of the said debts; which effects were taken for the public use of the Irish, and their army; for freeing the said Lord Lucan of his engagement, past on their public account, for payment of the said protestants, and for preventing the ruin of the said John Brown, and for satisfaction of his creditors, at the instance of the Lord Lucan and the rest of the persons aforesaid, it is agreed, that the said lords-justices, and the said baron De Ginckle, shall intercede with the king and parliament, to have the estate secured to Roman Catholics by articles and capitulation in this kingdom, charged with, and equally liable to the payment of so much of the same 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; which account is to be stated, and the balance certified by the said Lord Lucan in one and twenty days after the date hereof; 66 For the true performance hereof, we have hereunto set our hands," CHAR. PORTER. THO. CONINGSBY. Present H. MACCAY. T. TALMASH. "And whereas the said city of Limerick hath been since in pursuance of the said articles surrendered unto us,-Now, know ye, that we having considered of the said articles, are graciously pleased hereby to declare, that we do for us, our heirs, and successors, as far as in us lies, ratify and confirm the same, and every clause, matter, and thing therein contained. And to such parts thereof, for which an act of Ir. II. Ꭰ parliament shall be found necessary, we shall recommend the same to be made good by parliament, and shall give our royal assent to any bill or bills that shall be passed by our two houses of parliament to that purpose. And whereas it appears unto us, that it was agreed between the parties to the said articles, that after the words Limerick, Clare. Kerry, Cork, Mayo, or any of them, in the second of the said articles, the words following, viz:— And all such as are under their protection in the said counties,' should be inserted, and be part of the said articles. Which words having been casually omitted by the writer, the omission was not discovered till after the said articles were signed, but was taken notice of before the second town was surrendered: and that our said justices, and general, or one of them, did promise, that the said clause should be made good, it being within the intention of the capitulation and inserted in the foul draught thereof. Our further will and pleasure is, and we do hereby ratify and confirm the same omitted words, viz-And all such as are under their protection in the counties,' hereby for us, our heirs and successors, ordaining and declaring, that all and every person and persons therein concerned, shall and may have, receive, and enjoy, the benefit thereof, in such and the same manner, as if the said words had been inserted in their proper place, in the said second article; any omission, defect, or mistake, in the said second article, notwithstanding. Provided always, and our will and pleasure is, that these our letters patent shall be enrolled in our Court of Chancery, in our said kingdom of Ireland, within the space of one year next ensuing. In witness, &c., Witness ourself at Westminster, the twenty-fourth day of February anno regni regis et reginæ Gulielmi et Mariæ quarto per breve de privato sigillo. Nos autem tenorem premissor. predict. ad requisitionem Attornat. General. domini regis et dominæ reginæ pro regno Hiberniæ. Duximus exemplificand. per presentes. In cujus rei testimonium has literas nostras fieri fecimus presentes. Testibus nobis ipsis apud Westmon. quinto die Aprilis annoq. regni eorum quarto." By the military articles, there was secured a full permission for such Irish officers and soldiers as might be so inclined to go beyond seas into any country they might think fit (England and Scotland excepted) with their families and moveable property of every description. And by several distinct and specific articles, all the essential provisions to facilitate such a removal were for the time secured. It next became a matter of anxious effort on the part of Sarsfield and the French officers, to bring away with them the greatest number they could of the Irish soldiers, while on the other side, De Ginckle had to exert a vigilant superintendence to prevent the application of constraint. The Irish generals contrived to lock up these men, who were carefully guarded and large distributions of money, brandy, and other articles of value were made to induce their consent. A lieutenant-colonel who was confined for refusing to go to France, wrote a letter of complaint to De Ginckle, who thereupon commanded a battery to be planted on |