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A33197
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The Civil articles of Lymerick exactly printed from the letters patents wherein they are ratified and exemplified by Their Majesties under the great seal of England.
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1692
(1692)
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Wing C4363; ESTC R15473
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4,679
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12
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The CIVIL ARTICLES OF LYMERICK EXACTLY Printed from the Letters Patents WHEREIN They are Ratified and Exemplified by Their Majesties under the Great Seal of ENGLAND IE MEINTIENDRAY HONI SOIT QUI MAL Y PENSE Published by Authority DUBLIN Printed by Robert Thornton and are to be Sold by the Booksellers 1692. THE Civil Articles of Lymerick GUlielmus Maria Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Regina Fidei Defensores c. Omnibus ad quos Praesentes literae nostrae pervenerint salutem Inspeximus Irrotulament quarund literarum patentium de confirmatione geren Dat. apud Westmonasterium vicessimo quarto die Februarii ultimi Praeteriti in Cancellar nostr Irrotulat ac ibidem de Recordo remanen iH haec 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 Octob. 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 Tenour of which said Articles is as follows Viz. ARTICLES Agreed upon the Third Day of Octob. 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 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 Gallmoy Colonel Nicholas Purcel Colonel Nicholas 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 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 Submission of the said Army It is Agreed That I. THE Roman Catholicks 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 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 II. 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 diseharg'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 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 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 III. 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 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 the above-mentioned Oath V. That all and singular the said persons comprized in the 2d and 3d Articles shall have a general Pardon of all Attainders Outlawries Treasons Misprisons 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 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 reserved Gratis all but Writing-Clerks 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 comprized in the foregoing Articles shall be Sued Molested or Impleaed 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 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 comprized 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 VIII The Inhabitants and Residents in the City of Lymerick and other Garrisons shall be permitted to remove their Goods hattles 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 IX The Oath to be administred to such Roman Catholics as submit to their Majesties Goverument 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 ensuing the Date hereof XII Lastly the Lords Justices and General do undertake that their Majesties will Ratifie 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 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 Ballance 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 Char. Porter Tho. Coningsby Bar. De. Ginckle Present Scravemore H. Maccay T. Talmash ANd whereas the said City of Limerick hath been since in pursuance of the said Articles surrendred unto Us. Now know ye that We having considered of the said Articles are Graciously pleased hereby to declare that We do for Us Our Heirs and Successors as far as in Us lies Ratifie and Confirm the same and every Clause Matter and Thing therein contained And as to such Parts thereof for which an Act of Parliament shall be found to be necessary We shall Recommend the same to be made good by Parliament and shall give Our Royal Assent to any Bill or Bills that shall be Passed by Our Two Houses of Parliament to that purpose And whereas it appears unto Us that it was agreed between the Parties to the said Articles that after the words Limerick Clare Kerry Cork Mayo or any of them in the second of the said Articles the words following Viz. And all such as are under their Protection in the said Counties should be inserted and be part of the said Articles Which words having been casually omitted by the Writer the omission was not discovered till after the said Articles were Signed but was taken notice of before the second Town was surrendred And that our said Justices and General or One of them did promise that the said Clause should be made good it being within the intention of the Capitulation and inserted in the Foul Draught thereof Our further Will and Pleasure is and We do hereby Ratifie and Confirm the said omitted Words Viz And all such as are under their Protection in the said Counties Hereby for Us Our Heirs and Successors Ordaining and Declaring that all and every Person and Persons therein concerned shall and may have receive and enjoy the Benefit thereof in such and the same manner as if the said Words had been inserted in their proper place in the said second Article any Omission Defect or Mistake in the said second Article in any wise notwithstanding Provided always and Our Will and Pleasure is that these Our Letters Patents shall be Enrolled in Our Court of Chancery in our said Kingdom of Ireland within the space of one year next ensuing In Witness c. Witness Our Self at Westminster the twenty-fourth day of February Anno Regni Regis Reginae Gulielmi Mariae Quarto per Breve de Privato Sigillo Bridges Nos autem Tenorem Premissor Predict Ad Requisitionem Attornat General Domini Regis Dominae Reginae pro Regno Hiberniae Duximus exemplificand per Presentes In Cujus Rei Testimonium has literas nostras fieri fecimus Patentes Testibus Nobis Ipsis apud Westmon Quinto die Aprilis Annoque Regni eorum Quarto Examinat per nos S Keck Lacon W m. Childe In Cancel Magistros