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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.

XXVIII. 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

XXIX. It before this capitulation is fully executed, there happens any change in the Govern inent, or command in the army, which is now commanded by General Ginckle; all those that shall be appointed to comniand the same, shall be oblig ed to observe and execute what is specified in these articles, or cause them to be executed purctually, and shall not act contrary on any account

soever.

Остов. 17, 1691.

whate

BARON DE GINCKLE.

The foregoing articles are now re-printed

Son a copy by authority in 1692.

THE

CASE

OF THE

ROMAN CATHOLICS

OF

IRELAND,

Humbly represented to both Houses of Parliament, 1724; in relation to a Bill now under consideration, by which the said Roman Catholics conceive they are very much aggrieved should it pass ́into a Law.

HOUGH the case of those unfortunate peo

ple (in my humble opinion) may not improperly be likened to the roll of a book, given to the Prophet Ezekiel, to eat (Ezekiel chap. 2. 9.) which was written within and without; and there was written therein lamentation, and mourning, and woe; Qui erat Scriptus intus & coris; et Scriptæ erant in eo Lamentationes, et Carmen, et Væ. Yet they comfort themselves very much upon this consideration, that their fate is in the hands of noble Peers, and honourable Senators, whose goodness and pity they had often experienced upon the like occasion; and look upon it as the greatest e their happiness, that our constitution ha sce

as a barrier between the Prince and the people, that the Prince might not oppress the people, nor the people invade the prerogative of the Prince.

The Roman Catholics of Ireland, when the revolution happened, did conceive, and believe it to be undeniably true, that by the ancient fundamental laws, and statutes of England and Ireland, the Imperial Crown of England was Monarchical and hereditary, lineally and gradually descending by inherent, indefeazible and unalienable right of Primo Geniture, and proximity of blood, to the next true heir, upon the death or voluntary abdication of the preceding lawful Monarch, without any intervening formality, call, authority, recognition, coronation oath or ceremony, whatsoever; whether the heir should happen to be at the time of such Death or abdication, in, or out of the Kingdom, as it did to James the sixth of Scotland, and first of England, on the death of Queen Eli zabeth; and to Charles the Second residing in Hol. land, upon the murder of the King his royal father, which verifies the maxim in law, affirming that the King never dies. Rex nunquam moritur,

The Roman Catholics of Ireland grounding their belief upon these laws and statutes, thought that at least, they were bound in conscience to keep the faith and allegiance, which they gave and swore. to King James the Second. And therefore concluded, they could not transfer the same unto any other Prince so long as the said King James was alive; notwithstanding the revolution which happened in England, in the year 1688. And the rather, that they believed the abdication, which was voted (in the convention of London) to have been

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"made by the said King, was not voluntary; considering the restraint he was under, and the abuses offered to him, when he attempted to make his escape. And they were further confirmed in this belief, by the letter which he wrote to the Lords of his Privy Conncil, when he arrived at Calais, in France, desiring them to propose safe methods for his return; and giving among other reasons for his withdrawing or leaving his Kingdoms, a saying which he heard of his royal father; that the prison and grave of a Prince are not far asunder.

Upon these considerations, the Roman Catholics of Ireland took up arms in defence of his Crown and dignity, received himself in person at their head, and fought for him 'till they were reduced to extremities by King William's armies. And even then did not listen to any terms of Peace, 'till they had King James's consent upon his departure from Ireland, to make the best condition: they could for themselves. Being then the next campaign after the Battle of Aughrim, and surrender of Galway, distressed at the second siege of Limerick, they capitulated with the Generals of King William's troops and the Lords Justices. of Ireland; and obtained articles commonly called the Articles of Limerick, upon valuable conside, rations, viz. First, the avoiding the further effu. sion of human blood, Secondly, the surrender. ing of the city of Limerick, and all the garrise towns in the counties of Cork, Clare, Mayo and Sligo. For the religious performance of which articles, according to the true .intent and meaning of the same, the said Lords Jus. tices and Generals under the sanction of public

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faith, solemnly plighted their words and honours and promised to get the same ratified by King William, which they accordingly did, King Wil liam ratifying them in council under the broad seal of England.

Now by the first of these articles, the Roman Catholics of Ireland, were to enjoy such privileges in the exercise of their religion, as they did in the reign of King Charles the II. in whose reign it is manifest, the Roman Catholics had Bishops, Dignitaries, Priests, and religious orders of their owncommunion, to instruct and govern them in religious matters.

By the second article, all the Roman Catholics of Ireland (except those who left the Kingdom, and submitted not to King William's government) were to enjoy all their real and personal estates, and all the right, titles and interest, privileges and immunities, which they, and every or any of them held or enjoyed in the reign of King Charles the II. in whose reign it is also manifest that all the Roman Catholic Peers and Gentlemen of Ireland, and all others, who would or could purchase them, carried arms, and that some of them were in posts of honour, as that of Sheriffs, Justices of the Peace, and other posts of profit and trust. That their Lawyers, Attornies and Solicitors, practised their respective callings, with the same freedom and liberty as the Protestants. As also that the Roman Catholic merchants, dealers and trade smen, were Aldermen and Burgesses in Cities, and Free men in towns and corporations over all the Kingdom.

By the ninth article, the oath to be administer

ed

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