laity of the kingdom, that could alter, change, or take away his majesty's authority, which they held to be the chief flower of the crown and support of the people's liberty; and that they would pay all due obedience to the person in whom the lord lieutenant should leave that authority." The marquis of Ormond did not think this declaration explicit enough, and recommended to lord Clanrickard to have a further explanation, in respect of their paying this obedience to the king in the person of his lord lieutenant or deputy. It was necessary to have some explanation of this sort made before the latter could accept the government; and yet there were great difficulties in the case; because the bishops would neither revoke their own acts, nor allow any thing to pass that necessarily reflected on them. Clanrickard however insisted on this explanation, which was referred to the consideration of a committee". An instrument was accordingly drawn up on Dec. 23, expressing "that all obedience should be given to the king's authority invested in the marquis of Clanrickard, or any other governor, and that it should not lie in the power of any to take away that obedience." But to this a proviso was added, "that this obedience was not intended to any that should be appointed governor, who had joined in the covenant of the presbyterian party, or should violate the articles of peace." The bishop of Limerick said on this occasion, 140 "that such ties and declarations were not necessary; but if his excellency did suspect the prelates, they would give him as much satisfaction as might be expected, and would take their oath before the altar on their knees to give as great obedience to him as any catholic clergy in catholic times gave to a catholic governor." governor." This protestation of his in behalf of the clergy gave great satisfaction to the house, and being sent as one of the committee to attend

n D. D. 22, 23, and 248.

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the marquis of Clanrickard, he was desired to repeat it before him when they presented the instrument.

This however did not satisfy the lord deputy, from whom the committee brought another form expressed in other words, which was much opposed by the prelates; a debate thereupon arising, several expressions in it were altered, till at last it was thought likely to give satisfaction, and a committee was sent to present it. In this instrument the assembly declare, "that the lords spiritual and temporal, gentry or people, clergy or laity, shall not attempt or do any act to set free or discharge the people from yielding due and perfect obedience to his majesty's authority, invested in the marquis of Clanrickard, or any other govornor of the kingdom; and in case of any such act or endeavour, that no person shall or ought to be led thereby; but by their disobedience on any such grounds, are subject to the heavy censures and penalties of the laws of the land in force, and practised in the reign of Henry VII and other catholic princes. Yet by any thing herein contained it is not intended that the nation will not insist upon the performance of the articles of the peace, and by all just means provide against the violation of the same, and as his majesty was at present in the power of a party of the Scots, [the bishop of Ferns persuading his brethren not to insist on the word presbyterian,] who had declared themselves enemies to this nation, and had vowed the extirpation of their religion;" they further declared, "they did not thereby intend to oblige themselves to obey any governor that should come unduly nominated or procured from his majesty by reason of or during his being in an unfree condition, that might raise disturbance of the present government established by his majesty's authority, or redound to the violation of the articles of peace." The clergy, conscious of their ill-conduct, but jealous of a reputation which they had much more exposed by their actions than could be

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done by stronger words than any inserted in this declaration, would not be satisfied with this, till the assembly had declared, "that by the word ought it was not intended to look back, or have a retrospect into any former proceedings of the clergy."

"There was a great number of the best quality in this assembly who offered the marquis of Clanrickard to make any declaration or protestation that he would direct, which might give the fullest testimony of their loyalty, and most effectually vindicate the attempts lately made by the clergy upon the king's authority in the person of the lord lieutenant. They assured him, it was their opinion that they might carry it by vote; but intimated withal, that being carried in that manner with such public disgrace to the prelates and clergy, it would produce such protestations from them, as would raise many factions and divisions in several parts of the kingdom, and obstruct the obedience of the principal towns. These consequences (they imagined) would deprive them of their chief and only aim and means of preservation, viz. the continuing under his majesty's authority, believing that lord Clanrickard would not engage it amongst such dangerous confusions, and environed by a powerful and successful enemy. So that by this means those who were 141 most loyal would be immediately exposed to the enemy's fury, and to the violence of a party of their own nation, pretending likewise to loyalty, but accompanied with a specious show of zeal for defence of the church. They proposed to him therefore, that if he would accept of such a declaration or explanation as might be procured with the concurrence of the prelates, that should be binding against them and all others for future obedience, and would thereupon undertake the government, it was the only way of any possible preservation left them to hope

o Lord Clanrickard's instructions to captain J. King, to be represented to his majesty. D. D. 30.

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for; and as his power and interest increased by the king's authority in the army, and by having secured the towns in their obedience, he might call former acts of disobedience into question, so far as he should judge it safe, according to the disposition he found in the clergy and people, and the opportunity allowed him by the enemy.

These things being debated between the marquis of Clanrickard and some of the discreetest and most knowing of the assembly, in whom from former trials he had just reasons to repose a confidence, he deemed it most conducive to the king's service, and for the safety of a loyal party that had given large testimonies of their fidelity, in the hazard of their own persons, and loss of their friends and fortune, so far to accept of their declaration, as not to decline the authority left him by the lord lieutenant, provided they would enable him, according to the proposals he laid before them, to carry on the service as far as their abilities would reach. He wished the declaration had been couched in stronger terms, but still thought that in an age of general defection, such a profession of obedience, though not orderly expressed, might be of considerable advantage, especially when it produced no manner of tie or engagement upon his majesty, more than the imminent dangers which himself and his friends were to struggle with, till a further signification of his royal pleasure. The suspicious expressions in the declaration, relating to Henry VII and other catholic times, were not calculated to prevent any prosecution of the actors in treason, but were only a provision for the Roman catholic clergy, who by the laws since that time had not upon trials enjoyed the privileges that before belonged to their functions, but had suffered without any degrading or other ceremonies and respects of a like nature due to churchmen; a treatment to which even the laity of the assembly did not care to subject the clergy, and were therefore for leaving them liable to death or

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other punishment according to their crimes and the ancient laws of the land. Upon consideration of these circumstances, and in hopes that a present union of the nation might give the rebels such a diversion in Ireland as might be of great advantage to his majesty's affairs in England and Scotland, the marquis of Clanrickard received the declaration, defective as it was, and declared his acceptance of the government on Dec. 23, the assembly being the next morning either to adjourn in an orderly way, or, in case of a refusal, to break up all in confusion.

PThe necessity of coming to an immediate determination in this point, and the evident danger of exposing the king's interests and the nation to utter ruin, by the divisions which would thence have arisen, induced the marquis of Clanrickard not to press, in the situation of affairs at this time, the publishing, and debating in the assembly, of the lord lieutenant's answer to the prelate's declaration and excommunication. It was a matter of great weight and delicacy. To have the answer read and debated in the house, if it produced a declaration, clearly justifying him from those imputations which many of the clergy endeavoured to cast upon him, it would render them so infamous, as to drive them into immediate desperate acts that would divide and tear asunder what re- 142 mained unconquered of the kingdom; and those who were honest and loyal would be betrayed and delivered up to the enemy. There was the more danger of this consequence, because some persons of quality had been busy at work, and therein countenanced by several of the clergy, to get the nation to submit to the rebels; though the lord deputy found afterwards that their drift was by a treaty to drive away the king's authority; and upon the enemy's refusal to grant them the high conditions demanded, to renew their confederacy, which would be

Þ D. D. 192.