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 From the penalties of outlawry and forfeiture were excepted, of the above 4,000, all such persons as could show that they were comprised within the Articles of Galway and Limerick. They were to be pardoned on submitting to William, to have their attainders and outlawries reversed and to enjoy their property as they had held it in the reign of Charles II.

The first set of articles, referring to the inhabitants of Galway, and of such of the garrison as chose to submit, present no difficulties. But round the latter set, which laid down the conditions of submission for the whole of the remaining partisans of James fierce controversies have raged. For our present purpose the important article of the Civil Treaty of Limerick is the second.

This laid down that "all the inhabitants or residents of Limerick, or any other garrison now in possession of the Irish, and all officers and soldiers, now in arms under any commission of King James, or those authorised by him to grant the same, in the several counties of Limerick, Clare, Kerry, Cork and Mayo, or any of them, and all such as are under their ^protection in the said counties; and all the commissioned officers in their Majesties' quarters, that belong to the Irish regiments, now in being, that are treated with, and are not prisoners of war, nor have taken protection" shall on submitting be left in possession of all their estates, rights, titles, etc. which they held or were lawfully entitled to in the reign of Charles II.

But according to a memorandum by George Clarke Secretary of War, his clerk Mr. Payzant