THE FRENCH AND IRISH OBTAIN AN HONOURABLE CAPITULATION.

Then the English made a lodgement within ten paces of the bridge-foot; and the Irish, seeing themselves surrounded on all sides, determined to capitulate. General Sarsfield and colonel Wahop signified their resolution to Scrvenmore and Rouvigny; hostages were exchanged; a negotiation was immediately begun, and hostilities ceased on both sides of the river. The lords justices arrived in the camp on the first day of October, and on the fourth the capitulation was executed, extending to all the places in the kingdom that were still in the hands of the Irish. The Roman catholics were restored to the enjoyment of such liberty in the exercise of religion as was consistent with the laws of Ireland, and conformable with that which they possessed in the reign of Charles II. All persons whatever were entitled to the protection of these laws, and restored to the possession of their estates, privileges, and immunities, upon their submitting to the present government, and taking the oath of allegiance to their majesties king William and queen Mary, excepting however certain persons who were forfeited or exiled. This article even extended to all merchants of Limerick, or any other garrison possessed by the Irish, who happened to be abroad, and had not borne arms since the declaration in the first year of the present reign, provided they should return within the term of eight months. All the persons comprised in this and the forgoing article were indulged with a general pardon of all attainders, outlawries, treasons, misprisons of treason, premunires, felonies, trespasses, and other crimes and misdemeanors whatsoever, committed since the beginning of the reign of James II.; and the lords justices promised to use their best endeavours towards the reversal of such attainders and outlawries as had passed against any of them in parliament. In order to allay the violence of party and extinguish private animosities, it was agreed that no person should be sued or impleaded on either side for any trespass, or made accountable for the rents, tenements, lands, or houses he had received or enjoyed since the beginning of the war. Every nobleman and gentleman comprised in these articles was authorized to keep a sword, a case of pistols, and a gun, for his defence or amusement. The inhabitants of Limerick and other garrisons were permitted to remove their goods and chattels, without search, visitation, or payment of duty. The lords justices promised to use their best endeavours that all persons comprehended in this capitulation should for eight months be protected from all arrests and executions for debt or damage; they undertook that their majesties should ratify these articles within the space of eight months, and use their endeavours that they might be ratified and confirmed in parliament. The subsequent article was calculated to indemnify colonel John Brown, whose estate and effects had been seized for the use of the Irish army by Tyrconnel and Sarsfield, which last had been created Lord Lucan by king James, and was now mentioned by that title. All persons were indulged with free leave to remove with their families and effects to any other country except England and Scotland. All officers and soldiers in the service of king James, comprehending even the rapparees, willing to go beyond sea, were at liberty to inarch in bodies to the places of embarkation, to be conveyed to the continent with the French officers and troops. They were furnished with passports, convoys, and carriages by land and water; and general Gluckel engaged to provide seventy ships, if necessary, for their transportation, with two men of war for the accommodation of their officers, and to serve as a convoy to the fleet. It was stipulated, That the provisions and forage for their subsistence should be paid for on their arrival in France; that hostages should be given for this indemnification, as well as for the return of the ships; that all the garrisons should march out of their respective towns and fortresses with the honours of war; that the Irish should have liberty to transport nine hundred horses; that those who should choose to stay behind might dispose of themselves according to their own fancy, after having surrendered their arms to such commissioners as the general should appoint; that all prisoners of war should be set at liberty on both sides; that the general should provide two vessels to carry over two different persons to France with intimation of this treaty; and that none of those who were willing to quit the kingdom should be detained on account of debt, or any other pretence.—This was the substance of the famous treaty of Limerick, which the Irish Roman catholics considered as the great charter of their civil and religious liberties. The town of Limerick was surrendered to Ginckel; but both sides agreed that the two armies should intrench themselves till the Irish could embark, that no disorders might arise from a communication.