APPENDIX.

No. III.

The CIVIL ARTICLES of LIMERICK, exactly printed from the Letters Patent; wherein they are ratified and exemplified by their Majesties, under the Great Seal of England.

GULIELMUS & Maria Dei gratia, Angliæ, Scotia, Francia

& Hiberniæ, rex & regina, fidei defensores, &c. Omnibus ad quos præsentes literæ nostræ pervenerint salutem: inspeximus irrotulament. quarund. literarum patentium de confirmatione geren. dat. apud Westmonasterium vicessimo quarto die Februarii, ultimi præteriti in cancellar. nostr. irrotulat. ac ibidem de recordo remanen. in hæc verba, William and Mary, by the grace of God, &c. To all to whom these presents shall come, greeting. Whereas certain articles, bearing date the third day of October last past, made and agreed on between our justices of our kingdom of Ireland, and our general of our forces there on the one part; and several officers there, commanding within the city of Limerick, in our said kingdom, on the other part. Whereby our said justices and general did undertake that we should ratify those articles, within the space of eight months or sooner; and use their utmost endeavours that the same should be ratified and confirmed in Parliament. The tenor of which said articles is as follows, viz.

ARTICLES agreed upon the third Day of October, One Thousand Six Hundred and Ninety-one,

BETWEEN the Right Honourable Sir Charles Porter, Knight, and Thomas Conningsby, Esq. Lords Justices of Ireland; and his Excellency the Baron de Ginckle, Lientenant General and Commander ip Chief of the English Army; on the one Part.

AND the Right Honourable Patrick Earl of Lucan, Piercy Vicount Gallmoy, Colonel Nicholas Purcel, Colonel Nicholas Cusack,

Cusack, Sir Toby Butler, Colonel Garrett Dillon, and Colonel 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 Mayo.

IN Consideration of the Surrender of the City of Limerick, and other Agreements made between the said Lieutenant General Ginckle, the Governour 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,

I. THE Roman catholics of this kingdom shall enjoy such pri

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vileges in the exercise of their religion, as are cossistent 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 catholics 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 garrison now in the possession of the Irish, and all officers and soldiers, now in arms, under any commission of king James, or those authorised 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 not prisoners of war, or have taken protection, and who shall return and submit to their majesties' obedience; and they 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 one of them held, enjoyed, or were rightfully and lawfully intitled to, in the reign of king Charles II. or at any time since, by the laws and statutes that were in force in the said reign of king Charles II. and shall be put in possession, by order of the government, of such of them as are in the king's hards, or the hands of his tenants, without being put to any suit or trouble therein; and all such estates shall be freed and discharged

from

from all arrears of crown rents, quit-rents, and other public charges, incurred and become due since Michælmas 1688, to the day of the date hereof: and all persons comprehended in this article, shall have, hold, and enjoy all their goods and chattles, real and personal, to them or any of them belonging, and remaining either in their own hands, or the hands of any persons 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, and calling soever they be, shall and may use, exercise, and practice 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 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.

III. All merchants, or reputed merchants of the city of Lime rick, 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 borne arms since their Majesty's declaration in February 1688, 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. 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, and submit to their Majesties' government, and take th₫ 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,

treasons, misprisions of treason, pre munires, felonies, trespasses, and other crimes and misdemeanours whatsoever, by them, or any of them, committed since the beginning of the reign of king James II. and if any of them are attainted by parliament, the lords justices, and general, will use their best endeavours to get the same repealed by parliament, and the outlawries to be reversed gratis, all but writingclerks' fees.

VI. 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 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 trespasses by them committed, or for any arms, horses, money, goods, chattles, merchandizes, or provisions 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 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.

VII. 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.

VIII. 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 their houses or lodgings they now have, for the space of six weeks next ensuing the date hereof.

IX. The

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IX. The oath to be administered to such Roman catholics 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 the persons comprehended in the above-mentioned articles, shall be protected and defended from all arrests and executions for debt or damage, for the space of eight months next ensung 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 that 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 ford Lucan, took away the effects the said John Brown had to answer the said debts, and promised to clear the said John Browu of the said debts; which effecis were taken for the public use of the Irish, and their army for freeing the said lord Lucan of his said engagements, passed 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 estates secured to Roman catholics, by articles and capitulation in this kingdom, charged with, and equally liable to the payment of so much of the said debts, as the said ford Lucan, upon stating accompts with the said John Brown, shall certify under his hand, that the effects taken from the said Brown amount upto; which account is to be stated, and the balance certified by the said lord Lucan in one and twenty days after the date hereof.

For