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Vaughan. The 11th he advanced within half a mile of the town, but, the weather being wel, he could make no farther progress that day. On the 12th he drew out his men to attack the enemy, who at first made a shew of opposing us, but presently after quilted the works, which they had cast up to defend the entrance into the town; our men pursued them, and, forcing the rest of their out. works, beat them into the great fort, with the loss only, on our side, of an ensign killed, and five men wounded. On the 13th, the Earl of Granard came with the forces under his command before the place: his lordship caused immediately batteries to be raised against the fort, and insinuated into the enemy such apprehensions of great cannon and mortars, which they were made to believe he had brought along with him, that they sent out to capitulate. The conditions were agreed and assigned, much the same terms as Galway, and the fort, which is very strong, was accordingly surrendered on the 15th, there marching out six hundred men, under the command of Sir Teague O'Regan. They left in the place sixteen pieces of cannon, and Col. Michelbourn is made governor of it.
22d. Early this morning, the general, the Duke of Wirtemburgh, and Lieutenant-General Scravenmore, with all our horse and dragoons (except Col. Coy's regiment of horse, and fifty out of each of the regiments of dragoons of the army) and ten regiments of foot, taking with them seven days provisions, and fourteen guns, viz. ten three-pounders, and four twelve-pounders, marched over our bridge of boats into the county of Clare In the mean while, the Major-Generals Mackay and Talmash commanded the rest of the army, for the security of the works on Lempster side of the river, from whence we still continued to fire day and night into the town; whence also they fired at our men as they passed by About twelve at noon, all our men had passed the bridge, and were drawn up before the town on Clare side, the enemy playing upon them all from the castle and several towers, both with great and small shot, but with little execution : and, about two, eighteen of Col. Matthew's dragoons, being our advanced party, were attacked by the advanced party of the Irish, who out-numbered them, and both parties were sustained from each side till about four, that the float came up, wben began a warm dispute ; and, the place being near the town, the enemy played upon us at the same time with their cannon from the castle, and their small-shot from the walls, which neither dismayed, nor did much mischief to our men. About five, the general ordered a detachment to attack the fort near Thomond bridge, which commands both the bridge and the king's island; and, though two great detachments sallied out of the town to support those that defended it, we carried it, and pursued the enemy over the bridge to the town; but the besieged, perceiving our men at their heels, drew up the draw-bridge, leaving above six hundred of them to the fury of our soldiers, some of whom were pressed into the Shannon, and the rest killed by our men. In this action we took twenty-one commissioned officers, amongst whom were Col. Shelton, two lieutenant-colonels, three majors, five captains, and the rest subalterns : we took also forty-seven common soldiers, three brass guns, two three-pounders, and one twelve-pounder, and five colours; the general very well rewarding the soldiers which brought them in. We lost not one officer of note, but had killed about two hundred of common soldiers : we immediately posted ourselves in all their works and forts on that side the water. This day one hundred head of black cattle, taken in the late action, and six hundred more, taken by Brigadier Levison in Kerry, were brought into the camp.
23d. All yesterday, and last night, our guns and mortars continued firing into the town. 'This morning, Col. Corbet came over to us from the enemy, and proposed to the general the bringing over Tyrconnels and Galway's regiments of horse, and, out of them, to make one good regiment, to serve their majesties in Flanders.
24th. About four of the clock this afternoon, the enemy beat a parley round the town, desiring to capitulate about the surrender.
25th. This day the Earl of Westmeath, Col. Sheldon, the Lord Galway, Lord Dillon, Nicholas Parcel, Esq; commonly called Baron of Loughmore, the Titular Primate, the Titular Archbishop of Cashel, Sir Theobald Butler, Major Cordon, and some others, came to the camp, from the enemies horse camp, dined with the general, and, after a large conference, went hence into the town. The cessation, which began yesterday, upon the besieged's parly. ing, continued till ten o'clock the next morning.
26th. Sarsfield and Wahop, and two brigadiers of the Irish army, came into the camp from the town, and came to a resolution with the general, about the treaty, and in order to it, that hostages should be exchanged; accordingly, in the afternoon, the Earl of Westmeath, Lord Lowth, Lord Evagh, and Lord Trimlestown, came hostages from the besieged; and in exchange of them, the general sent in my Lord Culis, Sir David Collier, Col. Tiffin, and Col. Pyper.
27th. This morning the besieged sent their proposals to the general, which were so unreasonable, that the general returned them with disdain, ard ordered our bombardiers and gunners to make ready to play again into the town; accordingly all things were prepared, when the besieged, apprehensive of the consequence, sent out to know what terms his excellency would propose to them.
28th. Early this morning, Sarsfield, Wahop, Purcel of Loughmore, the Titular Primate, the Titular Archbishop of Cashel, Garret Dillon, Sir Theobald Butler, and John Brown, the three last counsellors at law, with several other commissioners on the part of the enemy, came out of the town to the general's quarters, whither his excellency sent for all our general officers; where, after a long debate, articles were almost agreed on for the rendi
tion, not only of Limerick, but of all the other forts and castles in the enemies possession.
29ih. We are now in possession of the Six-mile Bridge, and other passes and castles about Limerick; but the French and Irish, in the town and camp, insisting on the having the articles agreed to signed by the lords justices, as well as the general, things remained in the same posture.
30th. The cessation still continuing, several of our soldiers went into the town, and the besieged came frequently into our camp; where also Sarsfield, Wahop, Sheldon, and others of their officers, were this day entertained by the Duke of Wirtemburgh.
October 1, This evening the right honourable the lords justices arrived in the camp.
2d. This day several Irish officers and commissioners, appointed to treat, came into the camp from the town, and stayed with the lords justices and general till twelve at night; by which time all the difficulties, which arose in settling the articles, being agreed, they were concluded on, and ordered to be fair drawn for signing.
3d. This evening the articles were signed and exchanged; but it being late, we only took possession of the enemies out-works, their stone-fort, and St. John's gate, on the Irish town side.
4th. This morning four regiments of foot marched into the Irish town, which is indeed the strongest part of Limerick, leaving the English town for the Irish quarters, until Sarsfield, with those who were designed to go with him, coulde shipped for France.
5th. The Irish having imprisoned a lieutenant colonel, for deny. ing to go with them for France, he was immediately enlarged, upon the general's taxing them with their breach of articles, and laying before them the consequence of such their violation; it having been granted them to take off only such as were willing to go, without any compulsion.
6th. This morning Col. Earl's regiment marched from the camp towards Cork, which place, with the garisons thereabouts, is assigned them for their winter quarters.
7th. This morning the right honourable the lords justices, having seen us in quiet possession of the Irish town, set forward in their return to Dublin.
Articles civil and military, agreed upon the third Day of October,
1691 ; between the Right Honourable Sir Charles Porter, Knight, and Thomas Coningsby, Esq; Lords Justices of Ireland ; and his Ercellency, the Baron de Ginckle, Lieutenant-General, and Commander in Chief of the English Army, on the one part. And the Right Honourable, Patrick, Earl of Lucan, Piercy Viscount Galmoy, Col. Nicholas Purcel, Col. Nicholas Cusack, Sir Toby Butler, Col. Garret Dillon, and Col. John Brown, on the other part. In the behalf of the Irish Inhabitants, in the City and County of Limerick, the Counties of Clare, Kerry, Cork, Sligo, and
I. THE CIVIL ARTICLES. 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 general 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,
I. THE Roman catholicks of this kingdom shall enjoy such pri
vileges in their exercise of their religion, as are consistent with the laws of Ireland; or as they did enjoy in the reign of King Charles the Second. 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 catholicks such farther security, in that particular, as may preserve them from any disturbance, upon the account of their said religion.
II. All the inhabitants, or residents of Limerick, or any other garison, now in possession of the Irish, and all officers and soldiers, now in arms, under any commission of King James, or those authorised to grant the same in the several counties of Limerick, Clare, Kerry, Cork, and Mayo, or in 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 not prisoners of war, or have taken protection, and who shall return and submit to their majesties obedience, their and every of their heirs shall hold, possess, and enjoy all and every their estates of freehold, and inheritance ; and all the right, title, and interest, privileges, and immunities, which they, and every or any of them, held, enjoyed, or were rightfully and lawfully intitled to, in the reign of King Charles the Second, or at any time since, by the laws and statutes that were in force in the said reign of King Charles the Second, and shall be put in possession, by order of the government, of such of them, as are in the king's hands, or the hands of their tenants, without being put to any suit or trouble therein; and all such estates shall be freed and discharged from allarrears of crownrents, quit-rents,' and other publick charges incurred and become due, since Michaelmas, 1688, to the day of the date hereof, 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 bands, or the hands of any person or persons whatsoever, in trust for, or for the use of them, or any of them. And all, and every the said persons, of what trade, profession, 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 James the Second : 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 and 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.
III. All merchants, or reputed merchants, of the city of Limerick, or of any other garison, 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 borne arms since their majesties declaration in February, 1683-9, shall have the benefit of the second article, in the same manner as if they were present, provided such merchants, and reputed merchants, do repair into this kingdom, within the space of eight months, from the date hereof.
IV. These following officers, viz. Colonel Simon Lutterel, Captaip Rowland White, Morrice Eustace of Gormonstown, Cheevers of Mayestown, commonly called Mount-Leinster, now belonging to the regiments in the aforesaid garisons and quarters of the Irish army, who were beyond the seas, and sent thither upon affairs of their respective regiments, or of 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, and submit to their majesties government, and take the above-mentioned oath.
V. 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, premunire's, felonies, trespasses, and other crimes and misdemeanors whatsoever, by them, or any of them committed, since the beginning of the reign of King James the Second: and if any of them are attainted by parliament, the lords justices, and the general, will use their best endeavours to get the same repealed by the pare parliament, and the outlawries to be reversed gratis, all but writing clerks fees.
VI. Whereas the present wars have drawn great violencies on both parties, and that, if leave were given for bringing all sorts of private actions, the animosities would probably continue, that have been so long on foot, and the publick disturbance last : for the quieting and settling therefore of the kingdom, and avoiding those 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 trespass by them committed, or for any arms, horses, money, goods, and chattels, merchandise, or provision whatsoever, by them seized or taken, during the time of the 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 this 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