For this purpose Herbert (now[a] created earl of Glamorgan) was furnished, 1. with a commission to levy men, to coin money, and to employ the revenues of the crown for their support; 2. with a warrant[b] to grant on certain conditions to the Catholics of Ireland such concessions as it was not prudent for the king or the lieutenant openly to make; 3. with a promise on the part of Charles to ratify whatever engagements his envoy might conclude, even if they were contrary to law; 4. and with different letters for the pope, the nuncio, and the several princes from whom subsidies might be expected. But care was taken that none of these doc.u.ments should come to the knowledge of the council. The commission was not sealed in the usual manner; the names of the persons to whom the letters were to be addressed were not inserted; and all the papers were in several respects informal; for this purpose, that the king might have a plausible pretext to

[Footnote 1: Clarendon Papers, ii. 201.]

[Sidenote a: A.D. 1645. Jan. 2.]

[Sidenote b: A.D. 1645. March 12.]

deny their authenticity in the event of a premature disclosure.[1]

Glamorgan proceeded on his chivalrous mission, and after many adventures and escapes, landed in safety in Ireland. That he communicated the substance of his instructions to Ormond, cannot be doubted; and, if there were aught in his subsequent proceedings of which the lord lieutenant remained ignorant, that ignorance was affected and voluntary on the part of Ormond.[2] At Dublin both joined in the negotiation with the Catholic deputies: from Dublin Glamorgan proceeded to Kilkenny, where the supreme council, satisfied with his authority, and encouraged by the advice of Ormond, concluded with him a treaty,[a] by which it was stipulated that the Catholics should enjoy the public exercise of their religion, and retain all churches, and the revenues of churches, which were not actually in possession of the Protestant clergy; and that in return they should, against a certain day, supply the king with a body of ten thousand armed men, and should devote two-thirds of the ecclesiastical revenues to his service during the war.[3]

[Footnote 1: See the authorities in Note (A).]

[Footnote 2: See the same.]

[Footnote 3: Dr. Leyburn, who was sent by the queen to Ireland in 1647, tells us, on the authority of the nuncio and the bishop of Clogher, "that my lord of Worcester (Glamorgan) was ready to justify that he had exactly followed his instructions, and particularly that concerning the lord lieutenant, whom he had made acquainted with all that he had transacted with the Irish, of which he could produce proof."--Birch, Inquiry, 322.

Nor will any one doubt it, who attends, to the letter of Ormond to Lord Muskerry on the 11th of August, just after the arrival of Glamorgan at Kilkenny, in which, speaking of Glamorgan, he a.s.sured him, and through him the council of the confederates, that he knew "no subject in England upon whose favour and authority with his majesty they can better rely than upon his lordship's, nor ... with whom he (Ormond) would sooner agree for the benefit of this kingdom."--Birch, 62. And another to Glamorgan himself on Feb. 11th, in which he says, "Your lordship may securely go on in the way you have proposed to yourself, to serve the king, without fear of interruption from me, or so much as inquiring into the means you work by."--Ibid. 163. See also another letter, of April 6th, in Leland, iii.

283.]

[Sidenote a: A.D. 1645. August 25.]

To the surprise of all who were not in the secret, the public treaty now proceeded with unexpected facility. The only point in debate between the lord lieutenant and the deputies, respected their demand to be relieved by act of parliament from all penalties for the performance of the divine service and the administration of the sacraments, after any other form than that of the established church. Ormond was aware of their ulterior object: he became alarmed, and insisted on a proviso, that such article should not be construed to extend to any service performed, or sacraments administered, in cathedral or parochial churches. After repeated discussions, two expedients were suggested; one, that in place of the disputed article should be subst.i.tuted another, providing that any concession with respect to religion which the king might afterwards grant should be considered as making part of the present treaty; the other, that no mention should be made of religion at all, but that the lieutenant should sign a private engagement, not to molest the Catholics in the possession of those churches which they now held, but leave the question to the decision of a free parliament. To this both parties a.s.sented;[a] and the deputies returned to Kilkenny to submit the result of the conferences to the judgment of the general a.s.sembly.[1]

But before this, the secret treaty with Glamorgan, which had been concealed from all but the leading members of the council, had by accident come to the

[Footnote 1: Compare Carte, i. 548, with Vindiciae Cath. Hib. 11, 13.]

[Sidenote a: A.D. 1645. Nov. 11.]

knowledge of the parliament. About the middle of October, the t.i.tular archbishop of Tuam was slain in a skirmish[a] between two parties of Scots and Irish near Sligo; and in the carriage of the prelate were found duplicates of the whole negotiation. The discovery was kept secret; but at Christmas Ormond received a copy of these important papers from a friend, with an intimation that the originals had been for some weeks in possession of the committee of both nations in London. It was evident that to save the royal reputation some decisive measure must be immediately taken. A council was called. Digby, who looked upon himself as the king's confidential minister, but had been kept in ignorance of the whole transaction, commented on it with extreme severity. Glamorgan had been guilty of unpardonable presumption. Without the permission of the king, or the privity of the lord lieutenant, he had concluded a treaty with the rebels, and pledged the king's name to the observance of conditions pregnant with the most disastrous consequences. It was an usurpation of the royal authority; an offence little short of high treason. The accused, faithful to his trust, made but a feeble defence, and was committed to close custody. In the despatches from the council to Charles, Digby showed that he looked on the concealment which had been practised towards him as a personal affront, and expressed his sentiments with a warmth and freedom not the most grateful to the royal feelings.[1]

[Footnote 1: Rushworth, vi. 239, 240. Carte's Ormond, iii. 436-440. "You do not believe," writes Hyde to secretary Nicholas, "that my lord Digby knew of my lord Glamorgan's commission and negotiation in Ireland. I am confident he did not; for he shewed me the copies of letters which he had written to the king upon it, which ought not in good manners to have been written; and I believe will not be forgiven to him, by those for whose service they were written."--Clarendon Papers, ii. 346.]

[Sidenote a: A.D. 1645. Oct. 17.]

The unfortunate monarch was still at Oxford devising new plans and indulging new hopes. The dissensions among his adversaries had a.s.sumed a character of violence and importance which they had never before borne.

The Scots, irritated by the systematic opposition of the Independents, and affected delays of the parliament, and founding the justice of their claim on the solemn league and covenant confirmed by the oaths of the two nations, insisted on the legal establishment of Presbyterianism, and the exclusive prohibition of every other form of worship. They still ruled in the synod of divines; they were seconded by the great body of ministers in the capital, and by a numerous party among the citizens; and they confidently called for the aid of the majority in the two houses, as of their brethren of the same religions persuasion. But their opponents, men of powerful intellect and invincible spirit, were supported by the swords and the merits of a conquering army. Cromwell, from the field of Naseby, had written to express his hope, that the men who had achieved so glorious a victory might be allowed to serve G.o.d according to the dictates of their consciences. Fairfax, in his despatches, continually pleaded in favour of toleration. Seldon and Whitelock warned their colleagues to beware how they erected among them the tyranny of a Presbyterian kirk; and many in the two houses began to maintain that Christ had established no particular form of church government, but had left it to be settled under convenient limitations by the authority of the state.[1] Nor were their

[Footnote 1: Baillie, ii. 111, 161, 169, 183. Rushw. vi. 46, 85. Whitelock, 69, 172. Journals, vii. 434, 476, 620.]

altercations confined to religious matters. The decline of the royal cause had elevated the hopes of the English leaders. They no longer disguised their jealousy of the projects of their Scottish allies; they accused them of invading the sovereignty of England by placing garrisons in Belfast, Newcastle, and Carlisle; and complained that their army served to no other purpose than to plunder the defenceless inhabitants. The Scots haughtily replied, that the occupation of the fortresses was necessary for their own safety; and that, if disorders had occasionally been committed by the soldiers, the blame ought to attach to the negligence or parsimony of those who had failed in supplying the subsidies to which they were bound by treaty. The English commissioners remonstrated with the parliament of Scotland, the Scottish with that of England; the charges were reciprocally made and repelled in tones of asperity and defiance; and the occurrences of each day seemed to announce a speedy rupture between the two nations.

Hitherto their ancient animosities had been lulled asleep by the conviction of their mutual dependence: the removal of the common danger called them again into activity.[1]

To a mind like that of Charles, eager to multiply experiments, and p.r.o.ne to believe improbabilities, the hostile position of these parties opened a new field for intrigue. He persuaded himself that by gaining either, he should be enabled to destroy both.[2] He therefore tempted the Independents with promises of ample

[Footnote 1: Journals, vii. 573, 619, 640-643, 653, 668, 689, 697, 703, viii. 27, 97. Baillie, ii. 161, 162, 166, 171, 185, 188.]

[Footnote 2: "I am not without hope that I shall be able to draw either the Presbyterians or Independents to side with me for extirpating the one the other, that I shall be really king again."--Carte's Ormond, iii. 452.]

rewards and unlimited toleration; and at the same time sought to win the Scots by professions of his willingness to accede to any terms compatible with his honour and conscience. Their commissioners in London had already made overtures for an accommodation to Queen Henrietta in Paris; and the French monarch, at her suggestion, had intrusted[a] Montreuil with the delicate office of negotiating secretly between them and their sovereign.

From Montreuil Charles understood that the Scots would afford him an asylum in their army, and declare in his favour, if he would a.s.sent to the three demands made of him during the treaty at Uxbridge; a proposal which both Henrietta and the queen regent of France thought so moderate in existing circ.u.mstances, that he would accept it with eagerness and grat.i.tude.

But the king, in his own judgment, gave the preference to a project of accommodation with the Independents, because they asked only for toleration, while the Scots sought to force their own creed on the consciences of others; nor did he seem to comprehend the important fact, that the latter were willing at least to accept him for their king, while the former aimed at nothing less than the entire subversion of his throne.[1]

From Oxford he had sent several messages[b][c][d][e][f][g] to the parliament, by one of which he demanded pa.s.sports for commissioners, or free and safe access for himself. To all a refusal was returned, on the ground that he had employed the opportunity afforded him by former treaties to tempt the fidelity of the commissioners, and that it was unsafe to indulge him with more facilities for conducting similar intrigues. Decency, however,

[Footnote 1: Clarendon Papers, ii. 209-211. Baillie, ii. 188. Thurloe, i.

72, 73, 85.]

[Sidenote a: A.D. 1645. August.]

[Sidenote b: A.D. 1645. Dec. 5.]

[Sidenote c: A.D. 1645. Dec. 15.]

[Sidenote d: A.D. 1645. Dec. 26.]

[Sidenote e: A.D. 1645. Dec. 29.]

[Sidenote f: A.D. 1646. Jan. 15.]

[Sidenote g: A.D. 1646. Jan. 17.]

required that in return the two houses should make their proposals; and it was resolved to submit to him certain articles for his immediate and unqualified approval or rejection. The Scots contended in favour of the three original propositions; but their opponents introduced several important alterations, for the twofold purpose, first of spinning out the debates, till the king should be surrounded in Oxford, and secondly of making such additions to the severity of the terms as might insure their rejection.[1]

Under these circ.u.mstances Montreuil admonished him that he had not a day to spare; that the Independents sought to deceive him to his own ruin; that his only resource was to accept of the conditions offered by the Scots; and that, whatever might be his persuasion respecting the origin of episcopacy, he might, in his present distress, conscientiously a.s.sent to the demand respecting Presbyterianism; because it did not require him to introduce a form of worship which was not already established, but merely to allow that to remain which he had not the power to remove. Such, according to his instructions, was the opinion of the queen regent of France, and such was the prayer of his own consort, Henrietta Maria. But no argument could shake the royal resolution.[2] He returned[a] a firm but temperate refusal, and renewed his request for a personal conference at Westminster. The message was conveyed in terms as energetic as language could supply, but it arrived at a most unpropitious

[Footnote 1: Charles's Works, 548-550. Journals, viii. 31, 45, 53, 72.

Baillie, ii. 144, 173, 177, 184, 190.]

[Footnote 2: Clarendon Papers, ii. 211-214. "Let not my enemies flatter themselves so with their good successes. Without pretending to prophesy, I will foretel their ruin, except they agree with me, however it shall please G.o.d to dispose of me."]

[Sidenote a: A.D. 1646. Jan. 20.]

moment, the very day on which the committee of both kingdoms thought proper to communicate to the two houses the papers respecting the treaty between Glamorgan and the Catholics of Ireland. Amidst the ferment and exasperation produced by the disclosure, the king's letter was suffered to remain unnoticed.[1]

The publication of these important doc.u.ments 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 n.o.bleman 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,[b] or at least the lord lieutenant, was in possession of a doc.u.ment 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 a.s.sert 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 n.o.bleman 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 a.s.sembly 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.]