A negotiation was therefore opened with a sincere desire on both sides to put an end to the contest. The chiefs of the Irish army held several consultations at which some Roman Catholic prelates and some eminent lawyers were invited to assist. A preliminary question, which perplexed tender consciences, was submitted by the Bishops. The late Lord Lieutenant had persuaded the officers of the garrison to swear that they would not surrender Limerick till they should receive an answer to the letter in which their situation had been explained to James. The Bishops thought that the oath was no longer binding. It had been taken at a time when the communications with France were open, and in the full belief that the answer of James would arrive within three weeks. More than twice that time had elapsed. Every avenue leading to the city was strictly guarded by the enemy. His Majesty's faithful subjects, by holding out till it had become impossible for him to signify his pleasure to them, had acted up to the spirit of their promise. 124
The next question was what terms should be demanded. A paper, containing propositions which statesmen of our age will think reasonable, but which to the most humane and liberal English Protestants of the seventeenth century appeared extravagant, was sent to the camp of the besiegers. What was asked was that all offences should be covered with oblivion, that perfect freedom of worship should be allowed to the native population, that every parish should have its priest, and that Irish Roman Catholics should be capable of holding all offices, civil and military, and of enjoying all municipal privileges. 125
Ginkell knew little of the laws and feelings of the English; but he had about him persons who were competent to direct him. They had a week before prevented him from breaking a Rapparee on the wheel; and they now suggested an answer to the propositions of the enemy. "I am a stranger here," said Ginkell; "I am ignorant of the constitution of these kingdoms; but I am assured that what you ask is inconsistent with that constitution; and therefore I cannot with honour consent." He immediately ordered a new battery to be thrown up, and guns and mortars to be planted on it. But his preparations were speedily interrupted by another message from the city. The Irish begged that, since he could not grant what they had demanded, he would tell them what he was willing to grant. He called his advisers round him, and, after some consultation, sent back a paper containing the heads of a treaty, such as he had reason to believe that the government which he served would approve. What he offered was indeed much less than what the Irish desired, but was quite as much as, when they considered their situation and the temper of the English nation, they could expect. They speedily notified their assent. It was agreed that there should be a cessation of arms, not only by land, but in the ports and bays of Munster, and that a fleet of French transports should be suffered to come up the Shannon in peace and to depart in peace. The signing of the treaty was deferred till the Lords justices, who represented William at Dublin, should arrive at Ginkell's quarters. But there was during some days a relaxation of military vigilance on both sides. Prisoners were set at liberty. The outposts of the two armies chatted and messed together. The English officers rambled into the town. The Irish officers dined in the camp. Anecdotes of what passed at the friendly meetings of these men, who had so lately been mortal enemies, were widely circulated. One story, in particular, was repeated in every part of Europe. "Has not this last campaign," said Sarsfield to some English officers, "raised your opinion of Irish soldiers?" "To tell you the truth," answered an Englishman, "we think of them much as we always did." "However meanly you may think of us," replied Sarsfield, "change Kings with us, and we will willingly try our luck with you again." He was doubtless thinking of the day on which he had seen the two Sovereigns at the head of two great armies, William foremost in the charge, and James foremost in the flight. 126
On the first of October, Coningsby and Porter arrived at the English headquarters. On the second the articles of capitulation 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. 127
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 would use its utmost endeavours to obtain a Parliamentary ratification of the treaty. 128
As soon as the two instruments had been signed, the English entered the city, and occupied one quarter of it. A narrow, but deep branch of the Shannon separated them from the quarter which was still in the possession of the Irish. 129
In a few hours a dispute arose which seemed likely to produce a renewal of hostilities. Sarsfield had resolved to seek his fortune in the service of France, and was naturally desirous to carry with him to the Continent such a body of troops as would be an important addition to the army of Lewis. Ginkell was as naturally unwilling to send thousands of men to swell the forces of the enemy. Both generals appealed to the treaty. Each construed it as suited his purpose, and each complained that the other had violated it. Sarsfield was accused of putting one of his officers under arrest for refusing to go to the Continent. Ginkell, greatly excited, declared that he would teach the Irish to play tricks with him, and began to make preparations for a cannonade. Sarsfield came to the English camp, and tried to justify what he had done. The altercation was sharp. "I submit," said Sarsfield, at last: "I am in your power." "Not at all in my power," said Ginkell, "go back and do your worst." The imprisoned officer was liberated; a sanguinary contest was averted; and the two commanders contented themselves with a war of words. 130 Ginkell put forth proclamations assuring the Irish that, if they would live quietly in their own land, they should be protected and favoured, and that if they preferred a military life, they should be admitted into the service of King William. It was added that no man, who chose to reject this gracious invitation and to become a soldier of Lewis, must expect ever again to set foot on the island. Sarsfield and Wauchop exerted their eloquence on the other side. The present aspect of affairs, they said, was doubtless gloomy; but there was bright sky beyond the cloud. The banishment would be short. The return would be triumphant. Within a year the French would invade England. In such an invasion the Irish troops, if only they remained unbroken, would assuredly bear a chief part. In the meantime it was far better for them to live in a neighbouring and friendly country, under the parental care of their own rightful King, than to trust the Prince of Orange, who would probably send them to the other end of the world to fight for his ally the Emperor against the Janissaries.
The help of the Roman Catholic clergy was called in. On the day on which those who had made up their minds to go