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The ninth Year of William III

A.D. 1697

Chap. II

An Act for the Confirmation of Articles, made at the Surrender of the City of

Limerick


Whereas divers doubts have arisen on the articles made at the treaty for the late surrender of the city of Limerick, the third day of October one thousand six hundred ninety one, and concerning the true intent and meaning of several parts thereof: and whereas your Majesty hath been graciously pleased to recommend to your Parliament: That the said articles, or so much of them as may consist with the safety and welfare of your Majesty's subjects of this kingdom, may be confirmed by authority of this present Parliament; we the lords spiritual and temporal and the commons in this present Parliament assembled, having due regard to your Majesty's honour, for declaring the true sense and meaning of the said articles, and taking away all occasions of doubt for the time to come, do most humbly beseech your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiri-

 

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tual and temporal and commons in this present Parliament assembled, and by the authority of the same, That the second article, in the aforesaid articles mentioned, be and is hereby confirmed and ratified in the sense and intendment following, and no otherwise; (that is to say) that all the inhabitants or residents of Limerick, or any other garrison in the possession of the Irish, at the time of making the said articles, and all officers and soldiers then in arms, under any commission of the late King James, or those authorized by him to grant the same, in the several counties of Limerick, Clare, Kerry, Cork and Mayo, and all the commissioned officers in the quarters of his Majesty, that belonged to the Irish regiments then in being, that were treated with, and who were not prisoners of war, nor had at any time before that time enjoyed the benefit of protections for the safety of themselves, or their goods and families; which said officers have in pursuance of the said articles returned to their obedience, and submitted to his Majesty, and to her late Majesty Queen Mary; such inhabitants or residents of Limerick, or any other garrison, as aforesaid; such officers and soldiers respectively, as aforesaid, 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, priviledges and immunities to the said estates of free-hold and inheritance belonging, which they, and every, or any of them held, enjoyed, or were rightfully and lawfully intituled to, in the reign of King Charles the second, or at any time since, by the laws and statutes that were in force in the said reign of King Charles the second; and such possession as was given the said inhabitants, officers, and soldiers, in whose behalf the said articles were as aforesaid made, of lands then in his Majesty's hands, or in the hands of his tenants, by order of the then government under his Majesty, is, as to the possession only, and no more, confirmed and ratified by the authority of this act, against his Majesty, his heirs and successors; and all such estates of free-hold and inheritance, shall be freed and discharged, and by the authority of this present act are declared and enacted to be and stand freed and discharged, of and from all arrears of crown-rents, quit-rents, and other publick charges incurred, or become due from and after the feast of Saint Michael the Arch-angel, in the year of our Lord one thousand six hundred eight eight, to the day of the date of the said articles.

II. Provided always, and be it enacted by the authority aforesaid, That this act, or any thing therein contained, shall not


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extend, or be construed to extend to a grant of any new right to the aforesaid persons, in whose behalf the aforesaid articles were made, or any of them; but that the same shall extend and be construed to extend to the restoring the said persons, and every of them, to their said estates of freehold and inheritance, against his Majesty, his heirs and successors, in as large and ample manner as they should have enjoyed the same, had they not been guilty of the rebellion aforesaid, and not otherwise, or in any other manner: neither shall this act extend, or be construed to extend to alter or avoid the possession of any such lands, tenements, or hereditaments, as have been recovered or gained by any other of his Majesty's subjects from or against the said persons, in whose behalf the said articles were made, or any of them, at any time since the date of the said articles; any thing in this act to the contrary notwithstanding.

III. And be it further enacted by the authority aforesaid, That all and every person and persons comprehended in the said second article in the said articles mentioned, shall have, hold, and enjoy all his and their goods and chattels real and personal, to them, or any of them, at the time of making the said articles belonging, and which then, or at the time remained either in their own hands, or in the hands of any other person or persons whatsoever in trust for them, or for the use of them, or any of them; and the said goods and chattels real and personal as aforesaid, shall have, hold, and enjoy, against his Majesty, his heirs and successors; and as for and concerning all other the goods and chattels real and personal, which formerly did belong to, or were the property of, any of the said persons comprehended within the said articles, as aforesaid, at any time before the date of the said articles which said goods and chattels real and personal had been at any time since the tenth day of April one thousand six hundred eighty nine, and before the date of the said articles, seized, sequestered, or by any manner of way taken to the use of his Majesty and her said late Majesty the Queen, by any sheriff, escheator, commissioner, officer civil or military, their ministers or servants, or any other person or persons whatsoever; and all other goods and chattels of the said persons, which were not in their own possession, or in the possession of any person or persons as aforesaid in trust for them at the day of the making the said articles, the same by the authority of this act shall be deemed, vested, and adjudged to be in the actual and real possession of his Majesty, without any office or inquisition thereof hereafter to be found or taken,


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saving to all and every person and persons, bodies politick and corporate and to their successors, executors, administrators and assigns, and to the successors, executors, administrators, and assigns of every of them, other than the said persons in whose behalf the said articles were made, and their executors, administrators and assigns, claiming any thing in the said goods and chattels real and personal, or any part thereof, as executors, administrators, or assigns of the said persons, in whose behalf the said articles were made, or any of them, and all and every other person or persons claiming or having any thing in the said goods and chattels real or personal as aforesaid, seized, sequestered, or by any manner of way taken to the use of his Majesty as aforesaid, to the use of the persons in whose behalf the said articles were made, or any of them, or to the use of any their executors and administrators, all such right, title, interest, possession, use, action, and means to recover the same whatsoever, which they or any of them had, or ought to have in the premisses, or any part thereof, against the said persons in whose behalf the said articles were made, or any of them, in as large and ample manner, to all intents and purposes, as if this act had never been had or made, or any thing herein contained to the contrary notwithstanding.

IV. Provided always, That this act, or any thing therein contained, shall not extend to avoid any grant or grants at any time heretofore made by his Majesty and the late Queen of blessed memory, or by his Majesty, of any such goods and chattels real or personal, hereby intended to be vested in his Majesty as aforesaid: but that such grant and grants respectively shall be and remain in such force and effect as if this act had not been made.

V. Provided always, and be it enacted by the authority aforesaid, That no person or persons shall be construed to be restored within the intent and meaning of the said articles, or of this act, who, at the time of their hearing their respective claims to the benefit of the said articles, shall neglect or refuse to take the oaths of fidelity to his Majesty mentioned in the said articles; nor to restore such, who at the time of making of the said articles, was or were out of this kingdom of Ireland; except such persons as are comprized in the fourth article of the said articles made for the late surrender of Limerick; which said persons, in the said fourth article comprized, shall have the benefit of the said second article, in such manner and form as in and by this act is as aforesaid declared, and no otherwise.

VI. Provided the said persons in the said fourth article named respectively did return hither within the space of eight months from the date of the said articles, and have within that time sub-


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mitted to the government of his Majesty and her late Majesty the late Queen; and also within that time taken the oath of allegiance to his Majesty and her late Majesty the Queen.

VII. Be it further enacted by the authority aforesaid, That all merchants, or reputed merchants, inhabitants of the town of Limerick, or of any other garrison, which at the time of making the said articles was possessed by the Irish, or of any town, or place in the counties of Clare or Kerry, who were absent beyond the seas, and that have not been in arms since the declaration made by his Majesty, and her late Majesty Queen Mary in February one thousand six hundred eighty eight, shall have the benefit of the second article, in manner and form aforesaid declared, in as large and ample manner as if such merchants or reputed merchants had been present at the making of the said articles: provided such merchants, or reputed merchants, did repair into this kingdom within the space of eight months from the date of the said articles, and submitted himself, or themselves to his Majesty and her late Majesty's government.

VIII. And be it enacted by the authority aforesaid, That all and singular the persons already adjudged, or that shall hereafter be adjudged, to have been comprized within the second and third articles of the aforesaid articles of Limerick, shall from henceforth be deemed and taken to be, as to any prosecution in the name and behalf of his Majesty and of her late Majesty, or in the name and behalf of his Majesty, his heirs and successors, fully and absolutely pardoned by the authority of this act, of all attainders or out-lawries in this kingdom had or done, for all treasons, misprisions of treasons, premunires, felonies, trespasses, and other crimes or misdemeanors whatsoever by them, or any of them, committed or done since the beginning of the reign of the late King James, to the third day of October one thousand six hundred ninety one.

IX. And be it further enacted by the authority aforesaid, That from and after the expiration of two years, to be computed from the first day of September one thousand six hundred ninety seven no person or persons whatsoever shall be adjudged, deemed, or taken to be intitled to, or have the benefit of the said articles, who shall not be adjudged within that time to be comprehended therein.

X. And whereas some questions or doubts have arisen for and concerning the time of the beginning of the rebellion or war in this kingdom; be it enacted by the authority aforesaid, That the said rebellion or war is hereby declared to have begun upon the tenth day of April one thousand six hundred eighty nine, the same being the say limitted to the said rebels and traitors by his


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Majesty and her late Majesty's declaration, in February one thousand six hundred eighty eight, for the said rebels and traitors laying down of their arms, and accepting of their said Majesties grace and mercy, on the terms in the said declaration proposed: and that no person or persons whatsoever already adjudged, or that shall be hereafter adjudged, to be comprehended in the foregoing articles, shall be sued, molested, or impleaded, at the suit of any party or parties whatsoever, for any trespasses by the said persons as aforesaid comprized, committed, or done, at any time since the said tenth day of April one thousand six hundred eighty nine, and before the date of the said articles, or for any arms, horses, money, goods, chattels, merchandizes, or provisions whatsoever, by them seized or taken at any time after the said tenth day of April one thousand six hundred eighty nine, and before the date of the said articles; and no person or persons whatsoever, in the second or third articles comprized, shall be sued, impleaded, or made accountable for the rents or mesne-rates of any lands, tenements, or houses by him or them received or enjoyed in this kingdom since the said tenth day of April one thousand six hundred eighty nine, to the day of the date of the said articles, nor for any waste or trespess by him or them committed in any such lands, tenements, or houses, since the said tenth day of April one thousand six hundred eighty nine, and before the date of the said articles.

XI. And whereas it is necessary that a time be limitted for the bringing of the said private actions for or on account of such wrongs, injuries, and trespasses as aforesaid, committed or done by any person or persons comprehended, or claiming the benefit of the said articles, since the said fifth day of November one thousand six hundred eighty eight, to the said tenth day of April one thousand six hundred eighty nine: be it enacted by the authority aforesaid, That it shall and may be lawful to and for such person and persons as have had any wrongs, injuries, and trespasses committed upon them by any persons aforesaid, since the said fifth day of November one thousand six hundred eighty eight, and before the said tenth say of April one thousand six hundred eighty nine, to commence his or their action or actions against such trespasser or trespassers, wrong-doer or wrong-doers, at any time within the space of one year to be accounted from the said first day of September one thousand six hundred ninety seven, and at no other time or times after the expiration of the said year; any law, or statute, to the contrary notwithstanding.

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