made, the troops that will go to 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 punished accordingly.

IV. 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 country to serve.

V. That all the general French officers, the intendant, the engineers, the commissioners at war, and of 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 country, 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 passports for them, convoys, and carriages, by land and water, to carry them safe from Limerick to the ships where they shall be embarked, without paying 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, 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 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 burthen 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 burthen, 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 burthen.

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 to their transportation, where they shall remain till the other twenty ships are ready, which are to be in a month; and they 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 colours flying, with all the provisions, and half the ammunition that is in the said garrisons, and join the horse that mrch 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 pay. ing 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 Gincklė, 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 endeavours, 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 Monsieur 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, is 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.

XXIV. And to prevent all disorders that may happen be. tween 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, colours flying, six brass guns, such as the besieged will chuse, 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 ma gazines 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 ship-board.

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 harbours; 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 pre