ing any thing for the said carriages, or to those that are employed therein, with their horses, cars, boats, and shallops.

VI. That if any of the aforesaid equipages, merchandise, horses, money, plate, or other movables, 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 observe good order 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's burden 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 burden, 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 burden.

VIII. That a commissary shall be 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 mean time.

IX. 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 Nantz, upon the coast of Brittany, or any other port of France they can make.

X. 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.

XI. 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 colors flying, with all the provisions and half the ammunition that is 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 Ginckle 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.

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 Ginckle, until they can be shipped; and within their quarters they shall pay for every thing, except forage and pasture for their horses, which shall be furnished gratis.

XIII. 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.

XIV. 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.

XV. 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.

XVI. 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.

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 endeavors, that those that are in England and 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, 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.

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 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 port of France where they shall make.

XX. 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.

XXI. 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.

XXII. 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 the said fleet, or from Mons. Tameron, the intendant.

XXIII. 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 passsge 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 convenience found for their transportation.

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 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 entrench themselves on both sides, to hinder the communication of the said garrisons; and it shall be prohibited on both sides to offer any thing 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 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, colors flying, six brass guns, such as the beseiged 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.

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 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.

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 harbors, 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.

XXVIII. That for the security of the execution of this present capitulation, and of each article therein contained, the beseiged shall give the following hostages and the general shall give

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 Ginckle, 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 19.

BARON DE GINCKLE.

NO. II.

THE IRISH LORDS' PROTEST AGAINST THE ACT

"TO CONFIRM THE ARTICLES OF LIMERICK,” A. D. 1702.

RESOLVED on the question, that the engrossed bill sent up by the Commons, entitled "An Act for the Confirmation of Articles made at the Surrender of the City of Limerick," do pass into a law.

Ordered, on motion, that such lords as please may enter their protest to the last foregoing vote, with their reasons.

We, the lords spiritual and temporal, whose names are hereafter subscribed, do dissent from the aforesaid vote, and enter our protest against the same, for the reasons following:

1. Because we think the title of the bill doth not agree with the body thereof, the title being, "An Act for the Confirmation of articles made at the Surrender of the City of Limerick;" whereas no one of the said articles is therein, as we conceive, fully confirmed.

2. Because the said articles were to be confirmed in favor of them to whom they were granted. But the confirmation of them by the bill is such, that it puts them in a worse condition than they were before, as we conceive.

3. Because the bill omits these material words "and all such as are under their protection in said counties," which are by his majesty's letters patent declared to be part of the 2d article, and several persons have been adjudged within the 2d article by virtue of the aforementioned words; so that the words omitted, being so very material, and confirmed by his majesty after a solemn debate, as we are informed, some express reasons, as we conceive, ought to have been assigned in the bill, in order to satisfy the world as to that omission.

4. Because several words are inserted in the bill which are not in the articles; and others omitted, which alter both the sense and meaning of some parts of the articles, as we conceive.

5. Because we apprehend that many Protestants may and will suffer by this bill, in their just rights and pretensions, by reason of their having purchased and lent money upon the credit of the said articles, and, as we conceive, in several other respects.