Corpus of Electronic Texts Edition

The Treaty of Limerick, 1691 (Author: Baron Godert de Ginkel)

p.298

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 Coningsby, esq., lords justices of Ireland, and his excellency the baron de Ginkel, 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, colonel Nicholas Purcel, colonel Nicholas Cusack, sir Toby Butler, colonel Garret 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 Ginkel, 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

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 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. 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 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, p.299 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 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 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 hands, 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 all arrears of crown-rents, quit-rents, 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 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 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 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 comprized: 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. 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 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 and reputed merchants do repair p.300 into this kingdom within the space of eight months from the date hereof. The following officers, viz., colonel Simon Lutterel, captain Rowland White, Maurice Eustace, of Yeomanstown, 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 the above-mentioned oath. That all and singular the said persons comprized 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 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 writing clerks' fees. 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 comprized 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, chattels, 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 comprized 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 p.301 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. Every nobleman and gentleman comprized 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. 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. The oath to be administered to such Roman Catholics as submit to their majesties' government, shall be the oath abovesaid and no other. 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. 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 ensuing the date hereof. 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. And whereas colonel John Brown stood indebted to several Protestants by judgments of record, which appearing to the late government, the lord Tyrconnell 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 said engagement, past on their public account, for payment p.302 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 Ginkel, 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 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. For the true performance hereof we have hereunto set our hands: Charles Porter, Thomas Coningsby, Baron de Ginkel. Present: Scravemoer, H. Mackay, T. Talmach.

Military articles agreed upon between the baron de Ginkel, lieutenant-general and commander-in-chief of the English army, on the one side, and the lieutenant-generals D'Usson and De Tessé, commanders-in-chief of the Irish army, on the other; and the general officers hereunto subscribing:

That all persons, without any exceptions, of what quality or condition soever, that are willing to leave the kingdom of Ireland, shall have free liberty to go to any country beyond the seas (England and Scotland excepted) where they think fit, with their families, household-stuff, plate, and jewels. That all general officers, colonels, and generally all other officers of horse, dragoons, and foot-guards, troopers, dragooners, soldiers of all kinds that are in any garrison, place, or post, now in the hands of the Irish, or encamped in the counties of Cork, Clare, and Kerry, as also those called rapparees or volunteers, that are willing to go beyond seas as aforesaid, shall have free leave to embark themselves wherever the ships are that are appointed to transport them, and to come in whole bodies as they are now composed, or in parties, companies, or otherwise, without having any impediment directly or indirectly. That all persons above mentioned that are willing to leave p.303 Ireland and go into France, shall have leave to declare it at the times and places hereafter mentioned, viz., the troops in Limerick, on Tuesday next in 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 Tumeron, the French intendant, and colonel Withers; and after such declaration is made, the troops that will go into France must remain under the command and discipline of their officers that are to conduct them thither; and deserters of each side shall be given up, and punished accordingly. 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. That all the general French officers, the intendant, the engineers, the commissaries-at-war and of the artillery, the treasurer, and other French officers, strangers, and all others whatsoever, that are in Sligo, Ross, Clare, or in the army, or that do trade or commerce, or are otherwise 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 Ginkel will order passports for them, convoys, and carriages by land and water, to carry them safe from Limerick to the ships where they shall be embarked, without paying anything for the said carriages, or to those that are employed therein, with their horses, cars, boats, and shallops. 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 to be 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 aforesaid, and all other persons belonging to them are to p.304 observe good order in their march and quarters, and shall restore whatever they shall take from the country, or make restitution for the same. That to facilitate the transporting the said troops, the general will furnish fifty ships, each ship burthen two hundred tons; 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 of lesser burthen, he will furnish more in number to countervail; and also give two men-of-war to embark the principal officers, and serve for a convoy to the vessels of burthen. That a commissary shall he immediately sent to Cork to visit the transport ships, and 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 embark there; and if there shall be any more men to be transported than can be carried 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 be ready, which are to be in a month, and may embark on any French ship that may come in the meantime. That the said ships shall be furnished with forage for horse, and all necessary provisions to subsist the officers, troops, dragoons, and soldiers, and all other persons that are shipped to be transported into France; which provisions shall be paid for as soon as all are disembarked at Brest or Nantes, upon the coast of Brittany, or any other port of France they can make. And to secure the return of the said ships (the danger of the seas excepted) and payment for the said provisions, sufficient hostages shall be given. That the garrisons of Clare castle, Ross, and all other foot that are in garrisons 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 seas, shall march out with their arms, baggage, drums beating, ball in mouth, match lighted at both ends, and colours flying, with all the provisions and half the ammunition that is p.305 in the said garrisons, and join the horse that march 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 Ginkel will order that they be furnished with carriages for that purpose, and what provisions they shall want in their march, they paying for the said provisions, or else that they may take it out of their own magazines. 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 Ginkel, until they can be shipped, and within their quarters they shall pay for everything, except forage and pasture for their horses, which shall be furnished gratis. Those of the garrison of Sligo that are joined to the Irish army, shall have the benefit of this capitulation, and orders shall be sent to them that are to convey them up, to bring them hither to Limerick the shortest way. The Irish may have liberty to transport nine hundred horse, 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 horses and arms to such persons as the general shall appoint. It shall be permitted to 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 let or molestation, and to carry all necessary provisions out of the city of Limerick, and for this purpose the general will furnish convenient carriages for them to the places where they shall be embarked. It shall be lawful to make use of the hay preserved in the stores of 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 it shall be found, at the king's rates. That all prisoners of war that were in Ireland the 28th p.306 September, shall be set at liberty on both sides; and the general promises to use his endeavours that those that are in England and Flanders shall be set at liberty also. The general will cause provisions and medicines to be furnished to the sick and wounded officers, troopers, dragoons, 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. 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 Limerick, 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 part of France where they shall make. That all those of the said troops, officers, and others, of what character soever, that would pass into France, shall not be stopped upon the account of debt, or any other pretext. If after 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 other part of Ireland, the general will order a passport, not only for such as must go on board the said ships, but to the ships to come to the nearest port, to the place where the troops to be transported shall be quartered. That after the arrival of the said fleet, there shall be free communication and passage between it and the quarters of the abovesaid troops; and especially for all those that have passes from the chief commanders of said fleet, or from monsieur Tumeron, the intendant. In consideration of the present capitulation, the two towns of Limerick shall be delivered and put into the hands of the general, or any other person he shall appoint, at the time and days hereafter specified, viz., the Irish town, except the magazines and hospital, on the day of the signing of these present articles; and as for the English town, it shall remain, together with the island and the free passage of Thomond-bridge, in the hands of those of the Irish army that are now in the garrison, or p.307 that shall hereafter come from the counties of Cork, Clare, Kerry, Sligo, and other places above mentioned, until there shall be convenience found for their transportation. 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 troopers 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. That it shall be lawful for the said garrison to march out all 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 will choose, 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 these present articles shall be signed. All the magazines of provisions shall remain in the hands of those that are now employed to take care of the same, for the subsistence of those of the Irish army that will pass into France, and if there shall not be sufficient in the stores for the support of the said troops, whilst they stay in this kingdom and are crossing the seas, that, upon giving up 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 at Limerick and other quarters where the said troops shall be; and, in case any provision shall remain in the magazines of Limerick 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 shipboard. That there shall be a cessation of arms at land, as also p.308 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 passports both for ships and men; and if 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. That for the security of the execution of this present capitulation, and of each article therein contained, the besieged shall give the following hostages

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. And the general shall give

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. 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 Ginkel, 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. October, 1691.