Between the Baron DeGinckle, Lieut. General, and Commander in Chief of the English Army, on the OneSide:
The Lt. Generals, De Ussoon and De Tesse, 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 Countrey beyond the Seas (England and Scotland excepted) where they think fit, with their Families, Houshold-Stuff, Plate and Jewels.
That all General Officers, Colonels, and generally all other Officers of House, Dragoons, and Foot-Guards, Troopers, Dragooners, Souldiers 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, Klare, and Kerry, as also those called Rapparees, or Voluntiers, that are willing to go beyond Seas, as aforesaid, shall have free leave to imbark themselves where-ever the Ships are, that are appointed to Transport them; and to come in whole Bodies, as they are now compos'd, or in Parties, Companies, or otherwise, without having any Impediment, directly or indirectly.
That all Persons above-mentioned, that are willing to leave Ireland, and go into France, shall have leave to declare it at the Times and Places hereafter mentioned; viz. The Troops in Lymerick, on Tuesday next in Lymerick; the Horse, at their Camp on Wednesday; and the other Forces that are dispersed in the Counties of Klare, Kerry, and Cork, on the 8th instant, and on none other, before Monsieur Tameron, 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 punish'd 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 Countrey to serve.
That all the General French Officers, the Intendant, the Ingeniers, the Commissaries at War, and 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 otherways employed in any kind of Station or Condition, shall have free leave to pass into France, or any other Countrey; and shall have leave to Ship themselves, with all their Horses, Equipage, Plate, Papers, and all their Effects whatever; and that General Ginckle will order Pass-ports for them, Convoys, and Carriages by Land and Water, to carry them safe from Lymerick, to the Ships where they shall be Imbarked, without paying any thing for the said Carriages, or to those that ar employed therein, with their Horses, Carrs, 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 robb'd, destroy'd, or taken away by the Troops of the said General; the said General will order it to be restor'd, or Payment to be made, according to the Value that is given in upon Oath by the Person so Robbed or Plundered: 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 Countrey, or make Restitution for the same.
That, to facilitate the Transporting the said Troops, the General will furnish 50 Ships, each Ship Burthen 200 Tuns;for which, the Persons to be Transported, shall not be obliged to pay; and 20 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 imbark the Principal Officers, and serve for a Convoy to the Vessels of Burthen.
The Irish may have liberty to transport 900 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 the 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, where ever they can find it, in the Quarters that are assign'd for them, without any Lett or Molstation; and to carry all necessary Provisions out of the City of Lymerick; And for this purpose, the General will furnish conveniet Carriages for them, to the places where they shall be imbarked.
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 and Flanders, shall be set at liberty also.
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 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 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 imbarked on the first 50 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 any thing that is offensive; and the Parties offending, shall be punished on either side.
That for the Security of the Execution of this present Capitulation, and of each Article therein contain'd, the Besieged shall give the following Hostages-And the General shall give--