The publication of these important documents imposed[a] on Charles the necessity of vindicating his conduct to his Protestant subjects; a task of no very easy execution, had he not availed himself of the permission which he had formerly extorted from the attachment of Glamorgan. In an additional message to the two houses, he protested that he had never given to that nobleman any other commission than to enlist soldiers, nor authorized him to treat on any subject without the privity of the lord lieutenant; that he disavowed all his proceedings and engagements with the Catholics of Ireland; and that he had ordered the privy council in Dublin to proceed against him for his presumption according to law.[2] That council, however, or at least the lord lieutenant, was in possession of a document unknown to the parliament, a copy of the warrant by which Charles had engaged to confirm whatever Glamorgan should promise in the royal name. On this account, in his answer to Ormond, he was compelled to shift his ground, and to assert that he had no recollection of any such warrant; that it was indeed possible he might have furnished the earl with some credential to the Irish Catholics; but that if he did, it was only with an understanding that it should not be employed without the knowledge and the approbation

[Footnote 1: Clarendon Papers, ii. 213. Journals, viii. 103, 125. Commons' iv. Jan. 16, 26. Charles's works, 551. Baillie, ii. 185.]

[Footnote 2: Journals, viii. 132. Charles's Works, 555.]

[Sidenote a: A.D. 1646. Jan. 29.]
[Sidenote b: A.D. 1646. Jan. 31.]

of the lord lieutenant. Whoever considers the evasive tendency of these answers, will find in them abundant proof of Glamorgan's pretentions.[1]

That nobleman had already recovered his liberty. To prepare against subsequent contingencies, and to leave the king what he termed "a starting-hole," he had been careful to subjoin to his treaty a secret article called a defeasance, stipulating that the sovereign should be no further bound than he himself might think proper, after he had witnessed the efforts of the Catholics in his favour; but that Glamorgan should conceal this release from the royal knowledge till he had made every exertion in his power to procure the execution of the treaty.[2] This extraordinary instrument he now produced in his own vindication: the council ordered him to be discharged upon bail for his appearance when it might be required; and he[a] hastened under the approbation of the lord lieutenant, to resume his negotiation with the Catholics at Kilkenny. He found the general assembly divided into two parties. The clergy, with their adherents, opposed the adoption of any peace in which the establishment of the Catholic worship was not openly recognized; and their arguments were strengthened by the recent imprisonment of Glamorgan, and the secret influence of the papal nuncio Rinuccini, archbishop and prince of Fermo, who had lately landed in Ireland. On the other hand, the members of the council and the lords and gentlemen of the pale strenuously recommended the adoption of one of the two expedients which have

[Footnote 1: Carte, iii. 445-448.]

[Footnote 2: Compare Carte, i. 551, with the Vindiciae, 17. Neither of these writers gives us a full copy of the defeasance. In the Vindiciae we are told that it was this which procured Glamorgan's discharge from prison.]

[Sidenote a: A.D. 1646. Jan. 22.]

been previously mentioned, as offering sufficient security for the church, and the only means of uniting the Protestant royalists in the same cause with the Catholics. At the suggestion of the nuncio, the decision was postponed to the month of May; but Glamorgan did not forget the necessities of his sovereign; he obtained an immediate aid of six thousand men, and the promise of a considerable reinforcement, and proceeded to Waterford for the purpose of attempting to raise the siege of Chester. There, while he waited the arrival of transports, he received the news of the public disavowal of his authority by the king. But this gave him little uneasiness; he attributed it to the real cause, the danger with which Charles was threatened; and he had been already instructed "to make no other account of such declarations, than to put himself in a condition to help his master and set him free."[1] In a short time the more distressing intelligence arrived that Chester had surrendered: the fall of Chester was followed by the dissolution of the royal army in Cornwall, under the command of Lord Hopton; and the prince of Wales, unable to remain there with safety, fled first to Scilly and thence to Jersey. There remained not a spot on the English coast where the Irish auxiliaries could be landed with any prospect of success. Glamorgan dispersed his army. Three hundred men accompanied the Lord Digby to form a guard for the prince; a more considerable body proceeded to Scotland in aid of Montrose; and the remainder returned to their former quarters.[2]