Agreed upon the Third Day of Octob.
One Thousand Six Hundred and Ninety One.
Between the Right Honourable, Sir Charles Porter, Knight, and Thomas Caningsby, Esq; Lords Justices of Ireland; and His Excellency 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 Gallmcy, 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 Lymerick, the Counties of Clare, Kerry, Cork, Sligo, and Mayo.
In Consideration of the Surrender of the City of Lymerick and other Agreements made between the said Lieutenant General Ginckle, the Governor of the City of Lymerick, and the Generals of the Irish Army, bearing Date with these Presents, for the Surrender of the Said City, and the 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 consisent with the laws of Ireland; or as they did enjoy in the Reign of King Charles the II: 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.
All the Inhabitants or Residents of Lymerick, or any other Garrison now in the possession of the Irish, and all Officers and Souldiers, now in Arms, under any Commission of King James, or those Authorized by him to grant the same in the several counties of Lymerick, 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 their and every of their Heirs, shall hold, possess and enjoy all and every their Estates of Free-hold, 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 Intituled to, in the Reign of King Charles the II, or at any time since by the Laws and Statutes that were in force in the said Reign of King Charles the 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 discharg'd from all Arrears of Crown-Rents, Quit-Rents, and other publick 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, Trades and Callings, as freely as they did use, exercise and enjoy the same in the Reign of King Charles the 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 Lymerick, 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 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 into this Kingdom within the space of eight months from the date hereof.
That all and singular, the said persons comprized in the 2d and 3d Articles, shall have a general Pardon of all Attainders, Outlawries, Treasons, Misprisions of Treason, Premunires, 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 II: and if any of them are Atttainted 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.
Every Nobleman and Gentlman, comprised in the said 2d and 3d 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 Lymerick, 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-Catholicks 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 abovementioned 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.
And whereas Colonel John Brown stood indebted to several Protestants, by Judgments of Record; which appearing to the late Government, the Lord Tyrconnel, 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 publick use of the Irish, and their Army: For freeing the said Lord Lucan of his said Engagement, past on their publick Account, for Payment of the said Protestants, and for preventing the ruine 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-Catholicks, 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 Accompts with the said John Brown, shall certifie under his Hand, that the Effects taken from the said Brown amount unto; which Accompt is to be stated, and the Balance certified by the said Lord Lucan in one and twenty days after the Date hereof: