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