tion above referred to, and under which the Parliament leaders justified their act of putting Colonel Walter Bagnal to death), the benefit of the articles was not to extend to the exception of any person being questioned according to the due course of law, who had a hand in any of the murders that were committed upon the English or Protestants of Ireland, during the first year of the war. And this the English Commissioners of the Parliament forces further qualified by declaring that the exception should not extend to questioning the acts of soldiers in arms against any of the field forces of England, or others entertained in public pay in the defence of any castles on behalf of the English.'

That Colonel Bagnal was incapable of murder in any ordinary sense of the word, is evident from his birth, his breeding, and noble character, as also from his fearlessly intrusting himself into the hands of the English army, an act which shows that he was conscious of no such crime. And the Commissioners of Government gave subsequent testimony to the cruelty he met with, by a certain remorse, as exhibited in their dealings with his son, to whom they were less severe than others of like condition,-yet for a charge of murder Colonel Walter Bagnal was detained a prisoner in Kilkenny, by the order of the Commissioners of Parliament.

It is by no means improbable that in an attack on some castle during the first year of the war, some of the garrison may have been killed while Colonel Walter Bagnal was in command of the attacking forces.

In many instances gentlemen assembled their English tenants, armed them, and stood upon their defence, endeavouring to hold out until the King's regular forces should be able to join them, and they might assume the offensive.

As these armed retainers would not be in the pay of the state (though to all intents and purposes engaged in the war), if any of them happened unfortunately to be killed in defence of their post, the commanding officer of the Irish force would, of course, come within the terms of the seventh article, and be liable to suffer death. In the case of Colonel Charles M'Carthy Reagh, a prisoner of war trying to escape, in the first year of the war, from a sentinel belonging to the forces under Colonel M'Carthy's command, endeavoured to wrest his musket from the hands of the soldier, who, in the struggle, shot the man. Colonel M'Carty was tried under the article for murder.

Fortunately, Colonel M'Carty was not actually present on the spot, or he had forfeited his life as guilty of murder. Lord Muskerry was tried on a similar charge, and was acquitted. Sir Richard

1 Books of the Council for the Affairs of Ireland. Dublin Castle.

F

Everard, for some like act, was found guilty, but his sentence was changed to exile.

Colonel Walter Bagnal, however, being, unfortunately, first tried when there was a demand for victims, met harder measures, and could find no mercy.

During the period of his imprisonment he seems to have endured very harsh treatment from Colonel Axtell, Governor of Kilkenny, whose severity is well known. He denied him, at one period, not only the access of his friends, but even sufficient food for his wants. Such rigour arose, perhaps, from some attempt at rescue, of which, however, there is no mention in any of the letters about to be cited, but the date coincides with the publishing the Act of Proscription, under which the high courts of justice proceeded.

The first letter is dated 4th of September, and is as follows:

"Comm" for the Affairs of Ireld, to COLONEL AXTELL.

"Tredagh, 4th Sep., 1652.

"SIR, We have rec a Peticon from Cott Walter Bagnall desiring his wants and present condition to be taken into consideration. Wee desire you to take especiall Care y' there may be some effectual course taken y' he do not perish for want of relief; and y' out of the profitts of his estate and (if that cannot be timely gotten) then you cause soe much as you shall judge necessary to be paid out of y Treasury to y' end soe that the same exceed not 20s. per week. This wee commend to your care, and your order to the Treasurer in writing shall be his warrant for the payment there

of.

"Your &c."

Though this letter may have obtained for Sir Walter Bagnal better treatment, in the way of food, the Commissioners were again obliged to interfere to obtain for him the access of his friends.

"SIR,-Since our last, touching Colonel Walter Bagnall, we received another petition from him, complaining that he is of late deprived the conversation of any friend. We do not know what extraordinary reason there may be for it, and, therefore, shall not give any positive direction in it. But we do think fitt, so far as may consist with the safe keeping of him, all civility should be shewn him, and that his friends may be admitted to him, Provided it be with your Licence, and that they come in such number and at such times as you shall think fitt, and that no discourse pass

1 Books of the Council for the Affairs of Ireland. Dublin Castle.

between but in the presence and hearing of their keepers, and that in English. With some such caution these civilities (we suppose) may be shewed with safety. But we leave it to your discretion upon the place, and remain

"Your &c."

In the month of October, 1652, a high court of justice was set up at Kilkenny, consisting of officers of the army, with Sir Gerard Lowther, Chief Justice of the Common Pleas, as President, for trial of Sir Walter Bagnal and other prisoners, at which Sir Walter was brought to trial on a charge of murder. He pleaded that he was one of the managers of the Articles of Kilkenny (or Leinster Articles), and remained as a hostage for the due performance of them, and claimed his privilege, as a hostage, to be free from trial. On reference, however, to the Commissioners of Parliament for the Affairs of Ireland, who were then at Kilkenny Castle, on a tour through the Parliament quarters, the plea was rejected, and, the trial proceeding, he was found guilty, and suffered death.'

Colonel Walter being now dead, and the period of the Commonwealth settlement arrived, the barony of Idrone, with the rest of the lands of Ireland, passed to new lords and under new laws.

Within a few weeks after the breaking out of the Irish Rebellion, the leaders of the Parliamentary party in England had already arranged a scheme for taking the management of the suppression of it out of the hands of the King, whom they justly suspected of intrigues against them in that country, suspended only, not extinguished by the death of Lord Strafford, whose real crime was the raising of forces in Ireland, intended to be used against the Puritans in England.

If an army were to be raised in the ordinary way, for putting down the Irish rebels, the King, as Captain-General, would have the officering and commanding of it, and would, sooner or later, use it, as Lord Strafford intended to use the ten thousand men he raised in Ireland, nominally to be employed against the King's rebels in Scotland, but really against the Parliament.

The Parliamentary leaders, therefore, compelled the King to assent to a scheme, afterwards embodied in an Act of Parliament, by which funds were to be raised by a voluntary subscription throughout England, for the equipping and paying a private army, for the putting down the rebellion, of which army, a committee of the subscribers (called adventurers) were to have the control, the King having nothing to say to it, except to furnish the officers (who were to be nominated by the committee) with commissions. The moneys to be thus raised, instead of being paid into the King's exchequer, were

There seems to be no report or memorial of this trial remaining.

to be paid to the committee, and the "ventures" thus made were to be satisfied out of the rebels' lands in Ireland "whenever the lords and Commons of the realm of England should in Parliament by order declare that the rebels were subdued, and the rebellion appeased and ended." For the satisfying of the adventurers in this scheme, they set aside, by anticipation, 2,500,000 acres, which divers wellaffected persons foresaw would be confiscated; one-fourth of the quantity (625,000 acres) to be taken out of each of the four provinces. These were to be given out at such easy rates that the adventurers were to be satisfied in lands, at the rate of 12s. per Irish acre in Leinster; 8s. per acre in Munster; 6s. per acre in Connaught; and 4s. per acre in Ulster, then rated lowest.

And for £200 advanced, any man would be made lord of a manor of 1000 acres Irish (1620 acres statute or English measure), in Ulster; for £300 he was to obtain the like in Connaught; for £450, in Munster; for £600, in Leinster.

(To be continued.)

PROCEEDINGS AND PAPERS.

GENERAL MEETING, held in the Society's Apartments, Williamstreet, Kilkenny, on Wednesday, March 14th (by adjournment from the 7th), 1860,

The Rev. CHARLES A. VIGNOLES, A. M., in the Chair.

The following new Members were elected:

Philip J. Newton, Esq., D. L., J. P., Dunleckney, Bagnalstown; John R. Corballis, Esq., Q. C., Chairman of the County of Kilkenny, Rosemount, Roebuck, county of Dublin; John Alexander, Esq., Milford, Carlow; Nicholas Power O'Shee, Esq., J.P., Sheestown, county of Kilkenny, and Gardenmorres, Kilmacthomas; the Rev. Gerald Fitzgerald, A. B., Ex-Sch. T. C. D., Kilscoran Rectory, Tagoat, Wexford: proposed by the Rev. James Graves.

John Johnes, Esq., M.A., J.P., Dolacouthy, Llandeilo, South Wales: proposed by F. Lloyd Philipps, Esq.

Rev. Thomas O'Carroll, P.P., Clonoulty, Cashel: proposed by Maurice Lenihan, Esq.

Professor John Tyndall, F.R.S., Albemarle-street, London: proposed by the Very Rev. the Dean of Leighlin.

Thomas H. Jermyn, Esq., 24, South Mall, Cork: proposed by the Rev. Stephen O'Halloran.

John Petty, Esq., Ennis, county of Clare: proposed by John Hill, Esq.

Henry Colles, Esq., J.P., Trafalgar-terrace, Monkstown, county of Dublin: proposed by John P. Prendergast, Esq., Barrister-at

Law.

The Milwaukie Temperance Society, Milwaukie, Wisconsin, U.S. A.: proposed by James O'Mahoney, Esq.

The following presentations were received, and thanks voted to the donors :

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