Star. — London, England, 1822-11-07 00:00:00

THE LATE BISHOP OP CLOCHE& ECCLF,SIASTICAL PROCEEDINGS AGAINST TIIZ LATE INFAMOUS BISHOP OF CLOGHZE. METROPOLITAN COURT OF ARMAGH, Orr. 21. The office of his Grace the Lord Archbishop of Armes. Primate and Metropolitan of all Ireland, at the promotion to Maims 'Ally, the Proctor of said Mice • going the Hon. and ftight Rev. Percy Jocelyn, bled Hide; of anew, and ame of the S u ffragan Bishops of the Metrepoiltan Chord of Armagh. This cause of Office was this day called on for hear ing, in the presence of his Grace the Primate, and of four of his Suffragan Bishops, viz. the Bishops of Kilmore. Derry, Droni-re, and Raphoc, and of the Right Hon. Dr. Radcliff, his Grace's Vicar-General, and of other distinguished and respectable personages. The Bishop of Clogher having been thrice called in open Court, did not appear ; and, in pain of his con tumacy and contempt the cause was proceeded in to a hearing, and to its final determination. Sir Herter 51222Dxxii, the leading Advocate for the Office, stated the case. He lamented to find from tile rules heretofore and on this day pronounced in this cause, that the Right Rev. Prelate has not ap peared in this Court in person or by his Proctors. The absence of an accused person, when a crime is sought to be established against him, to those who take a part in the accusation must ever be matter of serious regret and anxiety, but never more so than in a cause like the present, whose importance in re spect of the person accused, the enormity of the offence imputed, and its certain result if established, has imposed upon him, and those who have been en trusted with, and must take a part in its conduct and determination, a heavy responsibility and painful duty ; and which arc considerably added to and in- creased by his Lordship's absence. The absence of his LorJsllip has also occasioned much delay, inconve nience, and exposure, which would otherwise have heen prevented, and from this circumstance has been tendered unavoidable. But this circumstance, though it may be regretted, may yet be of importance in the ultimate decision of this cause, and the consideration a tie grounds upon which it is to be supported.— 'This is a cause to which his Grace has given his high name and authoriry. The right to institute such a proceeding belongs to him as a superior of the Cl: , trch, and is necessary for the due exercise of his 501 itual authority over those who are subject to him and his visitations ; and the exercise of this right by him, as the Archbishop or Metropolitan,over his sof tiagan Bishops, is now so well established in law, principle,• and in precedent, that it cannot be dis puted. In this case, a more than ordinary discre tion has been observed. A person has been selected for and appointed promoter of this suit and Proctor of Office, who, from_ his well-known integrity, in .formation, and experience, as a Proctor of the Pre rogative Court, and of other the Ecclesiastical Courts in Ireland, could be safely entrusted with the con- dact of a cause, in itself, and in its consequences, so important to the individual and the Public ; and with an expectation that everything necessary for its main tenance and establishment would be adopted and performed; and if anything was then wanting to sustain that opinion, it would be now justified by the proceedings which have been taken in this cause.— further caution has been observed in respect of, :Ind prior to the commencement of this cause, not as a measure absolutely necessary, but as one of singular prudence and discretion. The charges were serious, .Lnel of a heinous nature. It was right to have an early assurance that they were probable and could be ,ustained. For this purpose the provisions and direc tions of the Statute of the 6th Geo. I. chap. 6, were rzsorted to and followed. A person who had been a spectatcir of the commission of those acts. by the Bi shop and his associate in crime, and could positively swear to them, was required so to do previous to the tastitution of this suit. Such a person was procured. He was personally examined upon his oath in the presence of his Grace the Lord Primate, and upon that examination, which was reduced into writing, and forms now a part of the record in these proceed ings, he swore to such facts as left not a doubt as to the 2rilo iety of; and necessity for the proceedings.— The citation in this cause was accordingly issued and delivered for execution. It was entrusted fur that purpose to the proper Officer of the Court, and with a direction to serve, it upon the Bishop, or at his pro per place of residence—his Palace in the City and Diocese of Clogher. On the 21st day of August lase, that citation was returned into this Court with certain aflilavits annexed to it, by which it appeared that every effort and due diligence were used and inquiry made for the Bishop, so as to have him served frith that cita tion.— Upon that return being so made, his Grace was', pleased, and according to law, to decree a citation' Vii. et Moclis, to be executed not only within the Diocese of Clogher, but also in the Archdiocese of Dublin, where it was understood or known that the Bishop had an occasional residence. A sufficient time was given for the due execution of these processes, and for the appearance of the Bishop. Every effort was used to serve him with these citations, and to signify to him and to the Public the commencement of this suit, and the necessity for these proceedings.— These citations were posted upon the doors of his Pa lace and of his Cathedral Church, upon the doors of his house in the city of Dublin, and of the Church of the Parish in which that house is situate. Copies of those citations wcre served upon the Dignitaries and Officers of his Church and Diocese—upon his men of business—intimate friends and relatives, and so extensive was the inquiry for him, and great the efforts to serve him with process and to certify the commencement of the proceedings and its necessity and import, that his Grace, on the Bth day of Sep tember last, was pleased and according to law, to de. Clare him contumacious, and in contempt for his nort. appearance. And it was not until the 26th day of September, and after an entire month was expended in an ineffectual attempt to procure the appearance of the Bishop and his due submission to this High Court and its proceedings, that a liberty was given to the Proctor of Office to exhibit those articles which cont:•.7n the charges of crime and immorality which have since become the subject of proof, and the foundation of a sentence of deprivation in this cause. These proceedings are thus detailed and adverted to in order to chew the deliberation with which this cause has been conducted, and the anxiety that has been manifested to give the Bishop an opportunity fx his appearance and defence. But this exertion has been ineffectual, and to this hour he're:nains wilfully a:nent and in contempt. 1;y t:::s cendaet Lc has much increased the length of pleairiagsaad the then of pra►f. lie his absence it was wawa allege and prove many facts which would have been admitted or established by his appearance and deed of proxy—his qualification• and the jurisdiction this Court would have been In this manner admitted or established, • and the formal and necessary proofs sustain this part of the case would have been much lessened in their number and amount. The pleading which has been thus exhibited, and to which full and sufficient proofs have been applied, and upon which the sentence of the Court is alone to be foliated, contains within it and in its detail, the *any circumstances necesdry for its support and esta blishment, and shall be here shortly adverted to: The Bishop of Clogher is an Ecclesiastic, and as such subject to the laws of the Church. He has been for many years a Priest in Holy Orders. In the year 1809 he was promoted to the united Bishoprics of Leighlin and Ferns; on that occasion he was duly consecrated and enthroned, and he then swore ca nonical obedience to the then Archbishop of Dublin, as his Metropolitan, and subscribed to the Canons of the Church. For eleven years he acted as the Bishop or Pastor of that Diocese, and with a character and conduct which did honour to himself and his high Office, in so much that in the year 1820, and a little mote than two months after the accession of his present. Majesty to the Throne, he was deemed worthy of advancement, and was accordingly translated to the See of Clogher, and to its high honours and ad vantages. On that occasion he took the oath of canonical obedience to the then Lord Primate of Ireland, his Grace's late and much lamented pre decessor. And in the month of August, in the same year, he attended the Triennial Visitation of, and was visited by his Grace the late Lord Primate as one of his Suffragan Bishops. These facts are sustained by legal and appropriate evidence.-- The Canons of the Church are referred to in the pleading, and particularly the 42d of those Canons, by which he was and is bound as the law of his con- duct and adoption. That Canon particulirly prohi bits the commission of those offences of which he stands charged, under the heaviest penalties of the 1 1 law; and it is for the violation of that Canon, and under its authority, that this cause of deprii.ation is now proceeded in against him. The particular facts which constituo that offence are fully detailed in the pleading and the written evidence. That evidence is now permanent and recorded; it cannot be de parted from or altered. Those parts which imme diately go to constitute his crime, are full and parti• cular. Hi would not detail them: he was happy to think he was relieved from that painful necessity. In that hallowed plate, and before that august tribunal where he then spoke, he would have hesitated long before he would have detailed such facts; even though he should have felt it were necessary to do so for the support or elucidation of that case which he was bound to establish for their satisfaction. But he felt thoroughly convinced, that upon the evi dence, when read and considered, there can be but one opinion in respect of those charges : they have been and are fully sustained, upon evidence so clear, con sistent, and credible, as not to leave a doubt upon them. On that evidence he would make this observation ; it fully evinced the existence of those evil habits and propensities, in that unhappy man, with which he then stood charged, and which formed the founda tion of that sentence which was to be pronounced against him in this cause. That evidence also proved the fatal and depraved purposes for which he asso— ciated. himself with a private soldier ; wholly beneath him in rank and station, as the unworthy and vicious partner of his depravity and guilt. The place chosen by him for that base purpose was also unfitted to him, as a Prelate of the Church, and a man of his high rank and station►. It was a common ale-house, situate in S!.-Alban's-place, in the City of Westminster, and County of Middlesex, in England. In his career of vice, he was fortunately, nay, he would add, he was providentially arrested before he had perpetrated the last foul act, or crime, which he himself de signed; and by which, committed, his life would have been forfeited to the offended laws and justice of his country ; the many witnesses to his disgrace and degradation too plainly shewed and convinced him of their full knowledge of his base acts and purposes. He then became dejected and desponding, and in terms and tone of agony and despair, he called upon that Great Goa, in whose presence he had so lately and grievously offended, for his protection and deli: verance: his prayer was graciously heard—his life was spared to him, no doubt for wise and merciful purposes. He survived the horrors of that night, and he is now enabled, by sincere sorrow and regret, to look for that remission of his sins, and forgiveness from his GOD, which he could have hardly looked for, if his life had been forfeited to the law, or he had on that night fallen a victim to the just indigna tion of the many who witnessed his depraved and vicious conduct, and were with difficulty restrained from ending his existence. He was arrested by the watchmen and others, and, in a situation disgrace ful and degrading to him, he was made a prisoner, in order that he should he removed to the watch house of the district, in which lie had committed his many acts of indecency and crime. He endea voured, but in vain, to dissuade the persons in charge of him from their purpose. On his removal, and close to that public-house in which he had been de tected and arrested, he was seen and recognized by a respectable Gentleman of Ireland, who, from his previous knowledge of his dress, person, and appear ance, has been examined to, and proved his identity. He had upon him at the time his usual and proper habit and dress, as 'A Bishop and Dignitary of the Church. There was no disguise or concealment upon his person or appearance. That circumstance had created an early suspicion and observance of him and of his actions on that night, and has contributed, with many other circumstances proved in this cause, to the establishment of his identity, which, from his conduct in the cause, and other circumstances, might have been difficult of attainment and of proof. As he was advanced in custody to the watch-house, and, was surrounded and insuited by many persons who. pressed upon him, and in a situation degrading to, himself and his high office ' he approached to and passed the gates of Carlton Palace. What hi, sensa tion and sentimenj o s were, or must have been on that occasion may be conceived but cannot be expressed ; he must have then felt that he was fallen. That feeling he himself displayed at that moment in a smug convulsive, but illeXectuAl fcir Ili; -. - depose AIM in presence and hearing, and of his associate, the full particulars of their ctime were disclosed and detailed ; he did not and could not deny their truth;' his name and address were asked of him by Latch ford ; he positively declined and refused to give them. That refusal under its circumstances was natural ; the constable, however, had f duty to perform, and after that refusal, and in order to obtain some infor mation as to that person who wa.; thus heavily ac cused, and yet appeared to be and WAS in the habit of a dignified Clergyman, he thought it necessary to examine the Bishop's person. He then approached to him, and even at that moment the Bishop bore Upon, his person strong evidence of, and, by his acts and exprossions at the moment * fully admitted his ;pat : during that search the Bishop was observed by Latch-, ford to take from his pocket a paper writing, to tear it with violence, and hastily throw the pieces or frag ments of it when torn into the fire-place of the room in which he then stood. This circumstance attracted the attention of Latchford ; he did not then observe upon it ; he knew that there was no fire in the grate, nor any other paper in it. The Bishop was shortly afterwards removed from the room, and to a cell, or place of solitary confinement within the watch-house. Shortly after his removal, he was heard by Latch; ford to cry with a loud voice, and to ask him " could he not get bail r and no reply being given, he asked for pen, ink, and paper, in order that he should write a note or letter. The pen, ink, and paper were fur nished to him by the directions of Latchford, and with a view that he should be thereby enabled to ob tain some knowledge of the Bishop's name and ad dress, which were still unknown to him. The note was written by the Bishop, and by his desire it was delivered to Latchford, in order that it should be sent to the person and place to whom and where it was directed. Latchford retained the note. It was not his business to admit the Bishop to bail—he could not do so. The Bishop, in an anxious and impor tunate manner, requested and urged Latchford to send the note as directed—Latchford informed him he did not and could not send it. The Bishop again and again pressed him to do so, and in an earnest and supplicating tone of voice, cried out and said— " For GOD'S sake send it!" But Latchford retained the note, and it is now in evidence, and before the Court. That note has been exhibited to many per sons now resident in Ireland, who have beer* for many years acquainted with the Bishop and his hand-writing. They have been examined in this cause, and they have all agreed in their evidence of this note being of the hand-writing of the Bishop, and that the initials 66 P. C." subscribed to it, de note his Christian name and title of honour. The note is in the following words: " St. James's Watch " Vine Street " " Come to me directly, don't say who I am bat I am undone. Come instantly and empire for a gentleman below Stairs. 12 o'clock—l am totally undone. P. C." And was thus addressed— " Mr. John Warring, • 21, Montague-St. Portman Square." This note affords. strong proof of the material facts of this case :—The crime of the Bishop—his consciousness of that crime, and of his then alarm ing situation ; and his anxiety to conceal his name, and high station. It also affords, in addition to the other circumstances adverted to, powerful and per suasive evidence of his identity. During the re mainder of this unhappy night, this lost and de graded man was intent upon, and engaged in prayer. Those prayers were sincere and contrite, and were, it is hoped,' graciously heard and received. His sup plications and ejaculations throughout the night were loud and unceasing. He was visited occasionally by Latchford, in the cell, and he was found at all such times upon his knees, and in a posture of devout prayer and devotion. After the removal of the Bishop to his cell, Latchford took up and collected the frag ments or pieces of the torn paper. He joined or pasted them together so as to make the paper writing in itself perfect and legible. He preserved it care fully, and also the note which had been wi itten by the Bishop, and retained both of them until the Occasion on which they were afterwards shewn to the Bishop, and hereafterparticularly mentioned. In the forenoon of the following day, the 20th of July, the Bishop was removed in custody, to the Police Office of the District of St. James's, Westminster, in which Dis trict he had been guilty of and charged with these offences. Soon after his arrival there he was brought before Mr. Dyer, the sitting Magistrate, and one of the Justices of the Peace for the County of Middlesex. In the presence and hearing of the Bishop and the soldier, the several persons who had charged them with their offence, were, severally and apart, and upon their oaths, examined. It was Viva voce exa mination. The Bishop was then professionally as sisted. They deposed to and detailed the same facts against him which they'had stated in the watch-. •house, and are now in their swoin evidence in this cause. The Bishop did not contradict or deny the truth of these charges. He was particularly called on and required by the Magistrate to attend to him, and, in order to give him a further opportunity for denial or detence, he read to him and to the soldier a private short note of these examinations, which he had taken for his own information and guidance. But the Bishop and the soldier remained silent: they sought not any evidence—they relied not on any facts for their acquittal, or proof of their innocence.' The Bishop appeared before the Magistrate and his Chief Clerk, Mr. Fitspatrick (a principal witness to this transaction) in the dress of a dignified Clergyman.. The letter which the Bishop had torn, and endea voured to destroy the preceding night, was then pro. duced by Mr. Latchford. and given to Mr. Dyer.; Mr. Dyer read it. It was of a private nature. The Bishop, by himself and his COunsel, claimed the !emr . as his own, and req ueste d i t to b e g i ven to hi m . It, was done so accordingly, and immediately upon thei Bishop's getting possession of it, in the presince of Dyer, his clerk, and of Latchford, and of his own Counsel, he tore and. destroyed that letter, so that no fragment ro.ild have been thin Eared, (;r can --• 4." and of 3 cliselmed i , th ey of its _ Thistote which had been written by the Bishop lit the cell was then produced, and read before him by the Magistrate. The circumstances under which that note had been written and detained were fUlly derailed by Latchford. They were not denied ok contratined. They were admitted by the Bishopt Hi was then informed by the Magistrate that his of fence was bailable, and that bail tr, the *Mount of £502 him elf. and two sureties in £250 each, be required for his appearance at the nest C General Sessions, and his trial for the *wee imputed to and sworn against him. His bail if k at in irtendance. He was then called on by Mr. •patrick,. as Chief Clerk of the Office, and in oriet to perfect his bail, to give him his nesse 'and ad= dress. The Bishop hesitated, and for a dine re. :fused. He was then infor med, and in the premed and hearing of his intended bidisruen, that it wart necessary for him to give his true name and ad. dress ; and that without it his bail could not be if: fitted, or himself discharged. He then, of himself; and in the presence and hearing of the Magistrate 3 his Clerk, and Latchford, freely and voluntarily did state and declare, and for the first time, gave them td know that he was the Honourable and Right Rob ' rend Percy Jocelyn, Bishop of Clogher, in Ireland; and that he was then residing or lodged at 2 . 1, -Maw • tague-street, Portman-square, the house to whichliii , note of the preceding night had been directed. bail were then, and in his presence and hearlag, sworn to their qualifications their names and reeve. deuces, and one of them, a Mr. John Fay, swore and qualified as the prop, ictor of the house, No. 21, Mon , tague-street, in which the Bishop of Clogher had pre viously, in his presence and hearing, declared he was a lodger. Ihe bail was then perfected according tq the course of the Office, and the Bishop was accord ingly discharged and 'eared. These facts are fully detailed in the evidence of Fitzpatick and Latchford ; and Fitzpatrick has confirmed his testimony by the production of the book in which, at the time, he made an entry of the names and residences of the Bishop and his bail, and his entry perfectly agrees with, and confirms the parole testimony. The Clerkenwell Sessions commenced on the 9th of September last. That fact is alleged in the pleading and proof. It is also alleged that the Bishop did not attend to take his trial at those Sessions, pursuant to his recognizance. This was not a necessary proof for the office, or to sustain it case. But it was alleged by way of challenge, and to this hour it remains un contradicted and unexplained. (To be continued). WOILIHIN4TRZILT.-411FORTANT TO PUBLICAINS.MA. Mart Jackson of the Salmon and Ball, Lamb-street, Spital4eldsl was sunitnoned for keeping her house open at late hours. The Bow-street patrol proved that they found persons in the parlour, with liquor in their glassesabbut 17 minutes before o'clock at night. Mrs. Jackson admitted that persons were there, bat the proved that the tap-room was cleared •at the proper hour, and that the persons in the parlour were respectable tradesmen, and not journeymen mechanics or labotwer-t : and that two of them had come a considerable distance, 4d on their arrival came the)* for refreshment. Mr. &vat. said this was not a case Tor convicting. The officer sail, if this were admitted, there nould always he found an excuse for parlour cuatom, and it would be no use foe the slicers to trouble themselves about the parlour. Mr. Bevitaa—Nor is it cur wish that you should nimble your with the parlour custom, where it is so respectable. 'the Act of Parliament says " late hours;" and in deciding what Late hours are, It leaves it to the discretion of the Magistrates, and in exercising that discretion they are aware that what are late hours to one class of persons, may ni t be late.baurs to another; and what may be a late hour for a labourer, may not be a late hour for a nobleman, or a person in a differefit statipn of life. In administering the law, they were • bound to extend-it accord ing to the purposes for which it was made. The complaint was accordingly dismissed. Bow-svalm.-- . Aluch of the time of the Magistrates was yes terday occupied in a dispute hetweta br:Coates,:a physician, and his wife, who, notwithstanding they - have 'several children, have been some years involved in a Chancery suit with each other. The present appeal was brqught forwarit as a charge of assault, committed by Mrs. Coates, on the blitiJadx pf aloe house in which the Doctor resides. It'appeartd, that on Tuesday she knocked at the dour, and, ors its-beingooreed, ;sashed the com plainant aside, rushed up stirs, snatched up a young ch!!d, then lying dangerously ill, and ran out of the house with it. The child was subsequently recovered; but the complainant felt her self so much aggrieved, that she had her apprehended, and the husband and a great number of friends attended. On the Ma gitrate directing Mrs. Coates to find bail, she declared she could not, and a violent altercation on . 6mily affairs ensued. The Dace tor, a mild, gentlemanly man, repeatedly held out the olive branch, and three Magistrates Wll4 were on the Bench zealously interf.red to reconcile the parties; but the Lady seas stubborn the Doctor, she said, would murder her, and bad a rriend who wouid then swear he was in.ane. At length, boVrever, they re tiraß with a pray( et of coming to an arrangement. -The driver of the backney-ch.krior, N 0.17, was charged with cruelly beating his horses. The pri;on.r expressed sorrow fol. his conduct ; and Mr. Mtasouat. said; is it was the first in.. fringement of the new Act which had come under his cognizance, he would inflict the lowest penalty, which was ten shillings;— but his master refusing to advance this trifling sum, he was com mitted for four days. Bmaart.—Tlionies Gibbon was brought up charged with fa. loniously intermarrying with Mary Ann Parsons. his lawful wife Elisabeth being alive. The two wives were present, and seemed to vie with each other in grief at the discovery of the perfidy of the prisoner. The first wife seemed *eagerly able to support herself. The second was just recovered from her at,. couchenaent. The prisoner seemed quite indifferent about the matter,and laughed and winked at his benwife. He was remanded to give time fora copy of the resister of the first marriage tobe procured from Daventry. hlaxsiou-Houss.—Mr. M'Guire, the brother of one of the individuals who took part in the disorders in Ireland, in 1798, and who, although, acquitted df treason, was transported for seven years, applied to the Lotto alarm', forhfs iota fen ace in behalf of that brother, with whom, although Is s term of pi:. nishment had expired 17 years ago, the succi alive Governors bad not kept their promises, either to send him home or make him a free settler. The Loan MAcca referied the applicant to Ain Capper t at the Secular/ of &meg Office. HATTON.GAIIIDEN.—IPI Nuiffen, a labourer ii the Gal Mame factory,in Crolner-street, was ordered to find b. B. for abstract ing the officers in their attempt to extinguish a large bonfire, which a number of boys had kindled in a hod babied lie. Smith's- Livery Stables, in Gray's ne ro.d. Warrants were ordered to be Issued against a-veral or his confederates. Three lads were fined 20w r eh, ' - •:ss of squibs, &c. the streets. - hangs Ptstant —11,6111111•11 • s man a pupil at St. TlONlete,... l l l lrls seeabling on Guy Fawkes night, sex bill, and diagnosing two Roman candle , be was born ; Boston, In Lincoinshire, savi;lll6.'oti tierations of this sort, to and, being ignorant that a different no' he trusted to tha,gaial sense of the kla s the present Cc-castors. The Magistrate or go to the '!'a'." hug this ►/. . . . . , bit.' Matta and ilairsaitelak a Cireitatatatiee 199'A:iris; kliv bt ... • . Produced' .. 'in aiddaclet i r 5 k".......t 6ter . wil r to lof Intim iathaaosataiiimiiiitUrbitik mild idglidvd . !*a . aAi Bishop of Cirighei.!: It bore the !been ! L.-Upon bit *Moat at the wateti. odsokdie lifishOp :nature - and- subscription of big much respected deed and his asindittolviere biritight lei 'et :into the pri 4 . amiable nephew, the Earl of it ,Otur. ft was c mof : jsentteof the con Stable el die watch a Ml:Joint La th - : private nature. Its contents have tuft been disci°. ritted . ford. 1 wlintial atamko'd iii _tido Camie.— but it may be fair to pronounce upon them that t ors to; The - had then again to' and and see those 'are su c h as did honour to th e head and he ar t o f t ih ß. nucheisons w ohe knew could and did depose against writer, and of the man to w h om i t was a dd r e ss ed prim; in his presence and hearing. and of his associate. The note which had been wrirron hv .h. Mehni 6 I for lei tin; of squibs, Bte. to t ctirstalt:e loath', young . 1, petal, was charged with as- kb se% et..l others, on Tower- :audit • The defendant said, shire, when the C 4 e. t • radon t, to he spelt In cepacingt, st li t' custom prevailed London, 11.3tstrate not to b e severe on rate cs.kred bhn to pal 2Ds. ~;~ +, t i c