AN ACT FOR THE CONFIRMATION OF ARTICLES, Made at the SURRENDER OF THE City of Limerick. DUBLIN: Printed by Andrew Crook, Printer to the King's Most Excellent Majesty, on Cork-Hill, near Copper-Alley. MDCXCVII. An ACT for the Confirmation of Articles, made at the Surrender of the City of Limerick. CHAP. XXVII. 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 beseéch 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 Spiritual and Temporal and Commons in this present Parliament Assembled, and by 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 Queéns 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 Freé-hold and Inheritance, and all the Rights, Titles, and Interests, Privileges, and Immunities to the said Estates of Freé-hold and Inheritance belonging, which they, and every, or any of them Held, Enjoyed, or were Rightfully and Lawfully Entitled 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 Freé-hold and Inheritance shall be Freéd and Discharged; and by the Authority of this present Act, are Declared and Enacted, to be, and stand Freéd and Discharged of, and from all Arrears of Crown-Rents, Quitrents, and other Public Charges, Incurred, or become Due, from, and after the Feast of Saint Michael the Archangel, in the Year of our Lord, One thousand Six hundred Eighty eight, to the Day of the Date of the said Articles. Provided always, and be it Enacted by the Authority aforesaid, That this Act, or any thing therein contained, shall not 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 Freé-hold 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. 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 that 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 Propriety 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 Queéns, by any Sheriff, Escheator, Commissioner, Officer, Civil or Military, their Ministers or Servants, or any other person or persons whatsoever; and all other the 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. Saving to all and every person and persons, Bodies-politic 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, xeal 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 of 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 aught to have, in the Premises, 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. 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 Queéns (of blessed Memory) or by His Majesty of any such Goods and Chattles, 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. 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 the Kingdom of Ireland, Except such persons as are Comprised in the Fourth Article of the said Articles, made for the late Surrender of Limerick, which said persons, in the said Fourth Article Comprised, 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. 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 Submitted to the Government of His Majesty, and Her late Majesty the late Queéns; and also within that time taken the Oath of Allegiance to His Majesty, and Her late Majesty the Queéns. 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 Queéns 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 Mouths from the Date of the said Articles, and submitted himself, or themselves to His Majesty, and Her late Majesty's Government. 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 Comprised 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 Suecessors, fully and absolutely Pardoned by the Authority of this Act, of all Attainders or Outlawries in this Kingdom, had or done, for all Treasons, Misprisions of Treasons, Premunires, Felonies, Trespasses and other Crimes or Misdemeanours 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. 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 Entitled to, or have the Benefit of the said Articles, who shall not be adjudged within that time to be Comprehended therein. 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 Day limited to the said Rebels and Traitors by His 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 Majesty's 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 to the Suit of any Party or Parties whatsoever, for any Trespasses by the said persons, as aforesaid Comprised, committed or done any time since the said Tenth of April One thousand Six hundred Eighty nine, and before the Date of the said Articles, 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 Comprised, 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 Trespass, 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. And whereas it is necessary that a time be limited 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 of the persons aforesaid, since the said Fifth Day of November One thousand Six hundred Eighty eight, and before the said Tenth Day of April One thousand Six hundred Eighty nine, to commence his or their Action or Actions against such Trespasser or Trespassers, Wrongdoer 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. FINIS.