Page:History of England (Macaulay) Vol 4.djvu/207

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were discussed at great length and definitely settled. On the third they were signed. They were divided into two parts, a military treaty and a civil treaty. The former was subscribed only by the generals on both sides. The Lords Justices set their names to the latter.[1]

By the military treaty it was agreed that such Irish officers and soldiers as should declare that they wished to go to France should be conveyed thither, and should, in the meantime, remain under the command of their own generals. Ginkell undertook to furnish a considerable number of transports. French vessels were also to be permitted to pass and repass freely between Britanny and Munster. Part of Limerick was to be immediately delivered up to the English. But the island on which the Cathedral and the Castle stand was to remain, for the present, in the keeping of the Irish.

The terms of the civil treaty were very different from those which Ginkell had sternly refused to grant. It was not stipulated that the Roman Catholics of Ireland should be competent to hold any political or military office, or that they should be admitted into any corporation. But they obtained a promise that they should enjoy such privileges in the exercise of their religion as were consistent with the law, or as they had enjoyed in the reign of Charles the Second.

To all inhabitants of Limerick, and to all officers and soldiers in the Jacobite army, who should submit to the government and notify their submission by taking the oath of allegiance, an entire amnesty was promised. They were to retain their property; they were to be allowed to exercise any profession which they had exercised before the troubles; they were not to be punished for any treason, felony, or misdemeanour committed since the accession of the late King; nay, they were not to be sued for damages on account of any act of spoliation or outrage which they might have committed during the three years of confusion. This was more than the Lords Justices were constitutionally competent to grant. It was therefore added that the government

  1. Story's Continuation; Diary of the Siege of Lymerick; London Gazette, Oct. 15, 1691.