III. That all Persons above-mentioned which are willing to leave Ireland and go into France shall have leave to declare at the Times and Places 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 on the 8th Instant, and on none other, before Monsieur Zameron the French Intendant, and Colonel Withers and after such Declaration is made, the Troops that will go to France must remain under the Command and Discipline of their Officers that are to conduct them thither; and Deserters on 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.

V. That all the Generals, French Officers, the Intendant, the Engineers, the Commissaries of War and of the Artillery, the Treasurer and other French Officers, Strangers, and all others whatsoever that are in Limerick, Sligo, Ross, Clare, or in the Army, or shall do Trade or Commerce, or are otherways employed in any kind of Station or Condition, shall have free 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 their Effects whatever, and that General De Ginckell will order Pasports for them, Convoys and Carriages by Land and by Water to carry them safe from Limerick to the ships, where they shall be Embarqued without paying anything for the said Carriages, or to those that are employed therein, with their Horses, Carts, Boats and Shallops.

VI. That if any of the aforesaid Equipages, Merchandize, 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 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 above said, 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 restitution for the same.

VII. That to Facilitate the Transporting the said Troops, the General will Furnish fifty ships, each Ship Burthen 200 tuns, 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 lesser Burthen he will furnish more in Number to countervail, and also give two Men-of-War to Embarque the Principal Officers, and serve for a convoy to the Vessels of Burthen.

VIII. That a Commissary shall be sent forthwith 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 Embarque there; and if there shall be any more Men to be Transported, that can be carryed off in the said fifty Ships, the rest shall quit the English Town of Limerick, and March to such Quarters as shall be appointed for them, convenient for their Transportation, where they shall remain till the other twenty Ships are ready, which they are to be in a Month, and may Embarque on any French Ships that may come in the meanwhile.

IX. That the said Ships shall be furnished with Forage for Horse, and all necessary Provisions to subsist the Officers, Troopers, Dragoons, and Souldiers; and all other persons that are shipt, to be Transported into France, which Provision shall be paid for as soon as all are disembarqued at Brest or Nantz, upon the Coast of Brittany, or any other part of 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 Hostages shall be given.

XI. That the Garrison of Clare Castle, Ross, and all other Foot that are in Garrison in the counties of Clare, Cork, and Kerry, shall have the advantage of this present Capitulation; and such part of those Garrisons as design to go beyond Sea shall march out with their Arms, Baggage, Drums beating, Ball in Mouth, Match lighted at both ends, Colours flying, with all Provisions, and half the Ammunition that is in the said Garrisons, and join the Horse that marches to be transported; or if then there is not Shipping enough for the body of Foot that is to be next transported after the Horse, General De Ginckell will order that they may be furnished with Carriages for that purpose; and what Provisions they shall want in their march, they paying for the said Provision, 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 also 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, apart from the Troops that are commanded by General De Ginckell, until they be shipp'd, and within their Quarters they shall pay for everything except Forrage and Pasture for their Horses, which shall be furnished gratis.

XIII. Those of the Garrison of Sligo that are to join the Irish Army shall have the Benefit of this Capitulation, and Orders shall be sent unto them that are to convoy them up, to bring them hither to Lymerick the shortest way.

XIV. The Irish may have liberty to transport 900 Horses, including Horses for the Officers, which shall be transported gratis; and as for the Troopers 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, wherever they can find it in the Quarters that are assigned for them, without any lett or molestation, and to carry all necessary Provision out of the city of Lymerick; and for this purpose the General will furnish convenient Carriages for them to the place where they shall be embarked.

XVI. It shall be further lawful to make use of the Hay preserved in store in 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 they can be found, at the King's rates.

XVII. 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 or Flanders shall be set at liberty also.

XVIII. The General will cause Provisions and Medicines to be furnished to the sick and wounded Officers, Troopers, Dragooners, 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.

XIX. That at 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 Lymerick, to transport two persons into France, that are to be sent to give notice of this Treaty, and that the Commanders of the said ships shall have orders to put ashore at the next Port in France they shall make.

XX. That all those of the said Troops, Officers, or Soldiers, of what Character soever, that will pass into France, shall not be stopped on the account of Debt or other Pretext.

XXI. If after the 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 part of Ireland, the General will order a Pass-port, not only for such as must go on board the said Ships, but to the Ships to come to the nearest Port or Place where the Troops to be transported shall be quartered.

XXII. That after the arrival of the Fleet there shall be free Communication and passage between it and the Quarters of the above said Troops, and especially for all those that have passes from the Chief Commanders of the said Fleet, or from Monsieur Tameron the Intendant.

XXIII. In Consideration of the present Capitulation, the two Towns of Lymerick shall be delivered and put into the hands of the General, or any other Person that he shall appoint, at the Times and Days hereafter specified, viz., the Irish Town, except Magazines and Hospital on the day of the signing these present Articles; and as for the English Town, it shall remain together with the Island and 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 Conveniency found for their Transporta

tion.

XXIV. 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 Troops 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 anything that is offensive; and the parties offending shall be punished on either side.

XXV. That it shall be lawful for the said Garrison to march out 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 shall 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 the present Articles be signed.

XXVI. All the Magazines of Provisions shall remain in the hands of those that are now employed to take care of the same, for the Subsistance of those of the Irish Army that will pass into France; and that if there shall not be sufficient in the Stores for the support of the said Troops while they stay in this Kingdom, and are crossing the Seas, that upon giving 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 in Lymerick and other Quarters where the said Troops shall be. And in Case any Provisions shall remain in the Magazines of Lymerick when the Town shall be given up, it shall be valued, and the price deducted out of what is to be paid for the Provisions to be furnished to the Troops on Ship-Board.

XXVII. 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 Pass-Ports both for Ships and men; and if any Sea-Commander or Captain of a Ship, any Officer, Trooper, Dragoon or 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 Lymerick 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 Surety of the Execution of this present Capitulation, and of each Article therein contained, the Besieged shall give the following hostages.

XXIX. If before this Capitulation is fully executed, there happens any change in the Government or Command of the Army, which is now commanded by General De Ginckell, 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.

D'USSON.

LE CHEVALIER DE TESSE.

LATOUR MONFORT.

MARK TALBOT.*

LUCAN.

Jo. WAUCHOP.

GALMOY.

M. PURCELL.

SIR THEOBALD BUTLER'S SPEECH.

The several Arguments of Sir Theobald Butler, Counsellor Malone, and Sir Stephen Rice, at the Bar of the House of Commons, of Ireland, February 22nd; and at the Bar of the House of Lords, February 28th, 1703, against passing the Bill, entitled An Act to Prevent the further Growth of Popery.

Sir Theobald Butler, Knt., Counsellor Malone, and Sir Stephen Rice (the two first in their gowns as counsel for the petitioners in general, and the last without a gown, only as a petitioner in his private capacity), together with many others, upon Tuesday, the 22nd of February, 1703, appeared at the bar of the House of Commons, where Sir Theobald Butler first moved and acquainted the House, that (by the permission of that House) he was come thither on behalf of himself and the rest of the Roman Catholics of Ireland, comprised in the Articles of Limerick and Galway, to offer some reasons, which he and the rest of the petitioners judged very material against passing the Bill, intituled 'An Act to Prevent the Further Growth of Popery'; that by leave of the House, he had taken a copy of the said Bill, (which he had there in his hand), and, with submission, looked upon it to tend to the destroying of the said Articles, granted upon the most valuable considerations of surrendering the said Garrisons, at a time when they had the sword in their hands and, for any thing that appeared to the contrary, might have been in a condition to hold out much longer; and, when it was in their power to demand and make for themselves such terms as might be for their then future liberty, safety, and security, and that too, when the allowing such terms were highly ad

* This person was the illegitimate son of the Duke of Tyrconnell.