Proposals of Articles to be made to the Right Honourable Lieutenant-General Hamilton

From Derry and Enniskillen in the Year 1689 by Thomas Witherow

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Proposals of Articles to be made to the Right Honourable Lieutenant-General Hamilton, by the Governors, Commanders, Officers, Soldiers, and Citizens, of the City and Garrison of Londonderry, the 11th of July, 1689.

Imprimis, that all persons, as well officers and soldiers, clergymen and laymen, as others, that now are in the said city, or have been in the same since the 7th of December last, or that have borne arms against His Majesty King James the Second, in the provinces of Ulster or Connaught, or either of them, or that have been abetting, counselling, advising, or in any ways assisting them or any of them, or any way deemed of that party, shall be pardoned and forgiven until the 26th day of July instant, of and from all treasons, rebellions, robberies, felonies, and other offences whatsoever, by them or any of them committed against his said Majesty, or any person or persons whatsoever. And that such of the said persons now alive, or which shall be alive the said 26th day of July, and the heirs, executors, administrators, or assigns of such of them that are dead, or shall before that time be killed or die, shall be immediately restored to all their personal and real estates, as if they or any of them had never taken up arms, or committed any offence against his said Majesty, or any other person or persons whatsoever: and that they and every one of them shall and may have, hold and enjoy their said estates, with other their rights, liberties, and privileges, notwithstanding any act or acts by them committed or done, or to be committed or done against his said Majesty, or any other person or persons whatsoever, until the 26th of July instant: and that they, their heirs, executors, administrators or assigns, shall have their estates, personal and real, put in their actual possession immediately after the said 26th of July instant; and that from the date hereof there shall no waste or harm be committed, suffered, or done on any of their lands, inheritances, possessions, woods, farms, houses, mills, barns, kilns, stables, or other houses, or on any of their corns, and other goods and chattels.

2. That all ecclesiastical persons of the Protestant religion within the said provinces shall immediately have the possession of their several churches, chapels, tithes, and other ecclesiastical dues, and enjoy the same as they did before the 7th day of December last; and that all other Protestants, as well ministers as others, shall from the said 26th of July instant, have the full and free benefit and exercise of their religion, as they had before the said 7th of December.

3. That all persons whatsoever now in Londonderry shall have free liberty to depart this kingdom for England or Scotland; and those that are willing to remain in this kingdom shall have safe conducts to Dublin, or any other part in Ireland, with their goods and chattels; and those that have a mind to transport themselves by the shipping under the power of the said King, or by other English or Scottish ships, shall have passports from time to time allowed them, and liberty of boats from England or Scotland to transport them.

4. That all persons to be pardoned that please shall transport and carry with them their goods and chattels, unless they have a mind to sell them here, and that then they may have liberty to dispose of them to the best advantage; and likewise those that depart the kingdom shall be put in possession of their goods and chattels, lands and tenements, by their attorneys which they formerly enjoyed, and reprisals of goods and chattels if not to be found in specie.

5. That such persons, men, women, and children, as are not able to travel to their respective habitations, shall have a sufficient competency of provisions to maintain them until they be able to depart, and get to their several dwellings; and that all officers and soldiers that are sick or wounded now in the garrison of Londonderry, or shall be there the 26th of July instant, shall have the same allowance and provision, and as great care taken for their recovery as those of the said King's army; and that from time to time they shall be sent into England or Scotland, or to any part in Ireland as they shall think fit, and conveniency shall offer, with provisions and safe passes.

6. That all persons here designed to be pardoned shall have reprisals of their goods and chattels immediately after the said 26th of July instant, given them by the said Lieutenant-General; and until they shall be so reprised, they shall have sufficient provisions of meat, drink, and bedding allowed and given them.

7. That no person or persons hereby designed to be pardoned shall be forced to take any oath to His Majesty, but those that voluntarily enter into his service, in the army, or shall take on him some office or place of trust, nor shall they be compelled to enter into His Majesty's service.

8. That if any prince or state shall land an army in this kingdom against the said King, the persons hereby designed to be pardoned, and which shall remain in the same, shall not be; molested anyways in body, goods, or estate, they not taking up arms against His Majesty.

9. That no person or persons hereby designed to be pardoned shall hereafter be sued, arrested, impleaded, or imprisoned at the suit of the King, for any debt due to His Majesty before the date hereof. And that none of the persons aforesaid hereafter, shall be sued, arrested, impleaded, or imprisoned for any wounding, maiming, trespassing, taking of goods or chattels, or for any other cause whatsoever accrued, or that shall accrue, before the said 26th of July, by any party or person whatsoever, other than for debt, and not for debt for twelve months from the date hereof; and that His Majesty shall not call for, or receive any of his Crown rents, quit-rents, hearth money, excise, or license of wine, ale, beer, strong waters, due, or which shall fall due unto him by any of the persons aforesaid, before the said 26th of July.

10. That no interest of money shall be allowed or paid, from the 1st of May, 1688, until the 1st of November, 1690, and then but a moderate interest, and not according to the rate of ten pound per cent. per annum.

11. That the officers and gentlemen hereby designed to be pardoned shall all remain in this kingdom, and each one of them, with a servant, shall have liberty to keep and wear pistols and swords, and keep their fuzees, without molestation, and the citizens and townsmen to have the like liberty; and that the rest of the people may keep their swords, and wear them.

12. That the said half-pike men, and rabble of the mere Irish in the said provinces, be disarmed, and care taken that they kill not, rob, or spoil the Protestants in the said provinces; and that thay be sent to their habitations, and not suffered to cotier or wander in the country, or use reproachful language to the Protestants.

13. That all troops and companies, now in the city of Londonderry, which please shall have liberty to depart, either by land or water, to Culmore, or any port near the same for conveniency of shipping, and that with their arms, colours flying, drums beating, lighted matches, and a suitable quantity of ammunition, there to ship or embark; and shall before their departure deliver up to the said Lieutenant-General, or to such whom he shall appoint for His Majesty's use, the possession of the said city, with all stores, ammunition, artillery, and other habiliments of war other than the arms hereinbefore excepted.

14. That all and every person and persons whatsoever, that have taken the possession of the lands, houses, farms, of the persons hereby designed to be pardoned, shall immediately quit the possession of the same, and restore them to the owners or their agents and assigns, with their goods and chattels now in their possession; and that the said owners, their agents, and assigns, may cut and carry home their corn and hay.

15. That all the said articles and conditions, or such of them as shall be thought needful, by those that are designed to be pardoned, shall within be confirmed by Act of Parliament, to be passed in this kingdom, or by the King, under the great seal of Ireland.

Provided always, that no person or persons, now in arms against the King, in or about Enniskillen, Ballyshannon, Donegal, or Killybegs, that will accept of these or the like articles, before the said 26th day of July, [but] shall have the benefit of them, they or their chief commanders having eight days' notice of these articles before the said 26th of July, by having delivered to them copies of them, which are to be sent them by the said Lieutenant-General, by some of his party, and some of this garrison.

16. That a convenient number of persons be appointed as commissioners in this city, and in each county of the said provinces, before the 26th of July, by the said Lieutenant-General and the Governors, commanders, officers, and soldiers of this garrison, with sufficient authority, to see these articles made good and performed.

17. That hostages be given by the said Lieutenant-General to the garrison of Derry, to be kept there, or on board of the English ships, now in the river Foyle,—viz.,

And for the garrison of Derry

to be given as hostages, and kept in their camp, or at Strabane, Lifford, or Raphoe.

18. That during the time of treaty, and until the said 26th day of July, if in the meantime no army shall come to relieve the city, there shall be a cessation of arms between the besiegers and the besieged, and that no acts of hostility shall be committed by either side, provided that none of either party, but such as shall have licenses, shall come within the lines of the other.

19. That as well the persons that are in this garrison, or shall be there the 26th of July, as shall embark or ship for England or Scotland, as those that go to the country, shall at their departure hence, have horses and boats allowed them, for carrying the officers, sick men, women, and children home to their several habitations, or places whither they have a mind to resort.

Provided always, that these articles shall not be binding on either party, in case the said city shall be relieved by the English or some other army before the said 26th day of July; and if it shall be so relieved, that then the said hostages delivered on both sides, shall be delivered to each other in safety.

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Derry and Enniskillen in the Year 1689

Thomas Witherow's thoroughly researched and well-annotated work is a classic account of the Siege of Derry, from the shutting of the gates against the Jacobite forces by the thirteen apprentice boys to the relief of the city by Major-General Kirke's fleet in July 1689. The defence of Enniskillen and the counteroffensive actions of the Enniskilleners is also ably documented.

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Fighters of Derry

William R. Young’s Fighters of Derry has for decades been one of the most overlooked works on the Siege of Derry and as a local genealogical resource. First published in 1932, the book was the product of ten years’ research into identifying participants at the siege which the author undertook when suffering from ill-health in the latter part of his life.

The book is essentially divided into two parts: the first contains 1660 biographical entries relating to the defenders of Derry, tracing, where possible, the family lineage; and the second part includes 352 entries on the Jacobite side. Apart from individual accounts of eminent protagonists in the siege, such as David Cairnes, Rev. George Walker, the Duke of Schomberg, Patrick Sarsfield, etc., there is also background given to many of the most influential families involved in the conflict.

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The Actions of the Enniskillen-men

While the epic siege of Derry is usually accorded its proper place in history, the contemporaneous exploits of the Enniskillen men are often overlooked. This is manifestly unjust because the Enniskilleners demonstrated bravery and heroism in battle at least equal to that of the defenders of Londonderry. Some, of course, rate the actions of the Enniskillen men more highly. As far as Revd Andrew Hamilton, the Rector of Kilskeery and author of A True Relation of the Actions of the Inniskilling Men (1690), was concerned ‘The Derry men saved a city but the Enniskilleners saved a kingdom.’

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