Abstract
On the third of October 1691 the war in Ireland between William III and the Irish followers of James II and their French allies came finally to an end with the conclusion of the Civil Articles of Limerick1 which, together with the Military Articles, are known collectively as the Treaty of Limerick.2 The Civil Articles were signed on the English side by Baron De Ginckel, William’s Commander in Chief in Ireland and the two Irish Lords Justices representing the English Crown in Ireland, and on the Irish side, by the leaders of the Irish forces. The Military Articles3 were signed by De Ginckel for the English and on the other side by the two French generals who were commanders in chief of the Irish army, together with a number of general officers.
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Notes
See Donald MacCartney, “The writing of History in Ireland, 1800-30,” Irish Historical Studies, vol. 10 (1956-57), 347–62, esp. pp. 357-8.
For a good general discussion of the background to the Treaty see J. G. Simms, The Treaty of Limerick (Dundalk, 1961), and J. G. Simme, “Williamite Peace Tactics, 1690-91,” Irish Historical Studies, vol. 8 (1952-53), pp. 303–23.
See J. G. Simms, “The Original Draft of the Civil Articles of Limerick, 1691,” Irish Historical Studies, vol. 8 (1952-53), 37–44, and J. G. Simms, The Williamite Confiscation in Ireland 1690-1703 (London, 1956), chapter 5.
W. E. H. Lecky, History of Ireland in the Eighteenth Centruy (London, 1892, 5 vols), vol. l, p. 139.
T. B. Macaulay, History of England (Ed. C. H. Firth, London, 6 vols., 1913-15), vol. 5, pp. 2088–9.
See P. O’Higgins, “The Study of International Law in Ireland,” Annuaire de l’Association des Auditeurs... de l’Académie de Droit International de la Haye, vol. 29 (1959), pp. 68–73. It may be of historical interest to notice that William O’Connor Morris, Professor of Law at the King’s Inns, Dublin, in 1862, in his novel Memoirs of Gerald O’Connor (London, 1903), based upon the life of an ancestor of his, causes his ancestor, in a fictionalised account of the events leading up to and following the Treaty of Limerick, to refer to the civil part of the treaty as having been “infamously violated before many months had passed” (at pp. 79-80). Another Irish lawyer, Sir William Shee, an expert in the law of admiralty, and the first catholic member of an English superior court since 1688, took a practically identical view, in his Papers and Letters on Subjects of Literary, Historical and Political Interest (London, 1862, for private circulation only), at p. 170: “... no sooner were the immediate objects attained than every promise was forgotten and every engagement violated.”
Cf. Coleman Phillipson, The International Law and Custom of Ancient Greece and Rome (London, 1911, 2 vols.), vol. 1, pp. 370–2.
Op. cit., pp. 134-5. Professor Burrell notes (on p. 135) that a record of Drake’s trial and sentence can be found in the Public Record Office (H.C.A. 1/16 f.168) and that references to the case may also be found in Narcissus Luttrell, A Brief Historical Relation of State Affairs from September 1678 to April 1714 (Oxford, 1857), vol. 6, pp. 294, 296 and 311.
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O’Higgins, P. (1970). The Treaty of Limerick 1691. In: Alexandrowicz, C.H. (eds) Studies in the History of the Law of Nations. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-5985-4_11
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