Corpus of Electronic Texts Edition

Articles agreed on by Captain Henry Sankey (Author: [unknown])

p.335

Articles agreed on by Captain Henry Sankey, by authority from Commissary-Gennerall Reynolds, on the one parte, and Captain Wm. Kelly, by authority and on the behalfe of Major Charles Kelly, on the other parte.

1. That Major Charles Kelly, Captain Wm. Kelly, Captain William McDonogh Kelly, and Captain HughKelly, shall, upon the eight day of July next deliver up at Rosscommon to such as Comissary Gennerall Reynolds shall appoynt, the horses, saddles and armes, of the fower troopes under their comands, and that Captain Laughlin Kelly, Captain William Kelly, and Captain Ferdoragh Kelly, shall also at the time aforesaid at Rosscomon deliver up the armes of the three foote companyes under their comande.

2. That the said officers, and souldiers both of horse and foote, shall upon delivering up their armes aforesaid receive one month's full pay, according to their sumer allowance, out of the places of their last assignations, and that the officers and souldiers of horse that shall then deliver up their armes, shall receive full payment for their horses, as they shall be rated by two officers of such party, and if they doe not agree, one umpire of each party to bee chosen which are to have voyces by turnes.

3. That the said Major Kelly and the officers abovesaid and all other officers and souldiers under their comand that shall deliver up their armes as aforesaid shall enjoy all their personall estates, and corne in ground, paying contribucion for the future as the rest of the country, and shall not bee questioned for any thing donn by them, during the warr (except what is hereafter excepted) and shall upon a settlement, have the benefitt of such a favor extended to them, for their estates reall, as the Parliament of England shall give to any of this nation in their condition or quallification.

4. That the said Major or any other of the said Captains by his appoyntment shall bee allowed to transporte, for the service of any forreigne Prince or State in amitie with the Comonwealth of England, a regiment of foote consisting of a thousand men of the said persons laying down armes, and such other of the family of Kelly and their friends as shall goe with them, the said regiment to bee transported

   ---

   p.336

   within three months, or sooner if it may bee, to which purpose it shall bee lawfull for them to employ a messenger into Spaine, (if they cannot agree with the Spanish agent here,) and if they cannot effect the same within the three months aforesaid, upon application to the Commissioners of Parliament or others in cheife comand, a competent enlargement of time as they shall thinke fitt is to bee given them, during all which time, it shall bee allowed the said Major to keepe 4 horses for himselfe, and three servants, who may ride with their armes; each Captain of horse, three horses for himselfe, and two servants ; each Captain of foote, two horses for himself, and one servant, each Lieutenant, Cornett, and Quarter Master of Horse, one horse; all which officers and their said servants may ride with their armes, and each Lieutenant and Ensigne of foote to weare theire swords, they acting nothing prejudiciall to the Comonwealth of England or present government.
   > That such prisoners belonging to the said troopes and companyes in laying downe armes, as are in the handes of any of the Parliaments forces, and such of theirs as are in the hands of the said Kelly's shall bee also inlarged.

That the benefitt of these articles shall not extend to any person guilty of the murders, or robberies of the first yeare of the warr, nor to any murders after quarter given, or by or upon persons not in armes.

That the said Major shall give unto Comissary-Gennerall Reynolds hostages for performance of all the articles.