The National Register. — London, England, 1822-11-18 00:00:00

1; .. _. . '••••., do. Q.. ~. N or. ... T 11b4N - ATIONAL REGISTZR UM TUESDAY 'S GAZETTE. HA NK UPTS. R. Stevens. Sotebury , hack ., dairyman. Solicitor. Mr. Aubrey, 'Cook's Court, I.: : - iaticery Lane. J. koster, Liverpool, brewer. Sols. Mawr's. Blackstock and Co. Teniple. J. Johnson, Pontefract, maltster. Sol. Mr. Illakelock, Ser Fret is Inn, Ficet Street. J. Green. %Anal'. Worcestershire, maltster. Sols. Messrs. Long and Co. dray. Inn. .1. lirooke, Liverpool, druggist. Sols. Messrs. Illacltstock and Co. Temple. J. FairtreaJ, Creasing, EgblZ, jobber. Sots. Messrs. Brumley, Gray's Inn Square. C. Baker. ltotusey, Southampton. fellmonger. Sols. MeSdis. biatle and Co. John Street, Iluiltbrd How. 'C. Stubbs Crawford Street, NiontaAue Sinare, grocer. Sol.. Messrs. Colfurs anti Co. Spiral Square. ..... Not. 9n, J. W. Cole, Peterbo. ()ugh, banker-Dm. 3. It K.istow, Jun. Lloyd's Co;liehouse, insuralice Molter- to, W .6. l'eyton, Upper Thames Street, mereilant-10, K. Leppingivell, Croydon, linen drapet-3, L. Cane, tittle, Suswx, hillidlur-3. IL Phillips, Ashborriliuni, Sussex, taunt:l-3, S. Palmer, Dour -011 We Water, Giotices!ershire, mercer-9, 11. Cricket, Hougham, lk.nt, timber inereliant- -3, J. Sutuerrill, I.ontlyn NI, ail, merchant-4k, J. Pycork. 1/uneasier, hosier-3, J Senuis, chciaircii Street, uphelsteier-3, D. Flientl, Hatusgate, sliip wilot-4. S. Youtien, Dcrer, Ktnt, hisehAtiiih-a. W. Prest- Laurence l'ountiity Lune, corn tlictor--7, J. Doug..., Loughbo, r..trli. merchant-4. N. T. flames, Nutiinglium, malt:turner to, J. rektor'. Skipton. Yorkshire, innkeeper. CEICIIFICATES to be granted Dee. 3. .1. :Murray. Molt Heal. Cumin:M.lnd, butter dealer—W. Walker. Walwyn, Wood Strcet, Clie.tp• slue, pi imia-6. Jackson, ',Manchester, drysalter. in Christ Church, Dublin, by the then metropolitan of that a/clothe:taw. 4th Document woe the evidence aids installation and enthrone ment in the Cathedral of Ferns, in September, 1809. nth Document was the attested copy of his translation to the See of Ciuglier. tab Document was his installation and enthronement in the Cathedral of Clogher. 7:11 Document was the attested coil of the late Primate's patent. 11:11 Document wns the impugnant's aelnii.sion of canonical obedience to the late Primate, as his metropolitan, bearing date October, Lazo. Gib Document afforded proors that the late Primate acted as such. lush Document was the oath of canonical obedience sworn by impugnant to the late Primate, as his rnettopolitan. Itch Document was the proof of the late Primate's triennial visitation at Monaghan, in and fur the Diocese of Clogher, in August. two, :aid of the Bishop of Clugher having attended there as the suffragan Bishop of that diocese. lith Document atlioded proof of the impugnant having left t he palace of Cloglwr in July Iwo, and never since returned there. 13t11 Document was of considerable length, and went to estali blislt the criminality of the impugnant a lieu in Lor.,!on, on the 19th of last July, in association anti John Moverley a private soldier in the tst regiment of Guards, in the public house of Edward Lee, situate in St. Alban's palace, in the city of %Vest minster, and county of Middlesex ; and the articles contained were supported by Vie testimony of JiilllCS Clark, watchman; John Plant, allot:maker; Robert Glecion, and Robert Gicgg, watchmen. 14th Document was the evidence of John Latchford, the con stable of the watch, to prove the note written by the Bishop of Cioglier in the watch-house cell; and the proof of the hand wring to be that of the impugnant was testified by the bey. Mr. Storey, and Mr. l'atrickstin. lath Document proved that the Earl of Roden is nephew to the lien. Percy Jocelyn. 16th Document, proved by Mr• Michael Fitzpatrick. clerk to the Sitting Magistrate Mr. Djer, was the arrest and bailing of the inipiir,nant, and his acknowledgment that time of his name and dignity, anti place of residence in London. 17(11 the Document pia:v,al the auction of furniture. &c. at Clogher, on the 16th of last Septemlier, and subsevoi , days. lath Document proved by Hugh Lyle, of Oaks, 1:1 the county of Londonderry, Esq. that the person arrested in LOLIjOII was the then Lotd Bishop of Clogher. Other deenments were Blau read as to identity, and to show that the libel charged occurred in the county of alithileaex.— The libel con aired 54 articles. W to a these severe' documents were all read and entered, Sir Henry Meredyth stated to the Coma that the evidence bud closed. The evidence being thus closed, Dr. Staples, on the part of the off re, observed upon it, and particularly urn., the law se bleb regulated tie proem ding, and established its propriety and necessity nearly in the following terms We have now, My Lords, gone through the evidence in this eery distre sing Case, and as we conceive have folly borne out by proof, the offence' , charged by the articles against the on , ortunate person accused. Some increased difficulty has been niposed upon us by the peculiar circumstance of the impug naut rot bi:v orpeared. Ile is not before your Lordships either in person or by proctor, and thence has arisen the neces sity of much evidence to identify Pony, Bishop of Cloglier, as the p •rson guilty of rile enormities alleged. That some pet son committed these offences at the time and place slated, is not questioned. It is now my duty to chew yonr Imrdships, by a few observations on the evidence laid before you, that that per • son was Percy, B:shop of Cloghier. ! laving spoken lot sonic time lie concluded thusa— Having now, as we conceive, established the flies charged against the sndivalual charged, and also the jurisdiction of the Court, it only rentains to pray for your Lordships sentence.— '::his is a duty 1 urn aware must Le must painful to the Court ; yet, however distressing the case iday bo, I am confident your Lotel•hips will conscientiously and boldly pronounce that ben , tenet , which the law demands.—You will cut off this pestilential member, and discharge your duty to your country and your Gud. Ills Grace the Lord Primate, after some conference with his brethrao, requested that the Court should be cleared. Sir Henry Menalyth, before he retired, tendered to his Grace a written sentence, for his perusal and approval, referring to and founded upon the evidence in the cause. The sen tence was and is, sentence of deprivation and deposition.— Ills Grace received and took possession of the sentence. liis Grace and Brethren remained for some time in conference. It was then announced that the Court was opened. and that the sen tence of the Advocates and Proctor of office was expected. "Pliny accordingly attended, and thereupon his Grace the lord Primate, in the presence and hearing of his Brethren the Lords Bishops, of his Vicar General, and of other distinguished personages, rose from his seat, and the entire of the auditory then standing, and the Bishop of Clogher being then thrice called, but not appearing, and la's contumacy being accused, according to the law of the Court, his Grace proceeded to read the sentence in open Court. Ile read it in a most impressive and dignified manner, and in a tone of voice that manifested his extreme feelings and delicacy in the discharge of this painful and important duty. Vs'llen finished, lie signed it in open Court, and directed it to be lodgeel in the Itegistracy of his Dioceae, where it now remains a record «these important proceedings, and of their perfect consummation by the absolute deprivation and deposition of Doctor I'crcey Jocelyn from the Bishopric of Cloglier, and his Episcopal °tiler and Atiduotttics. 818110 P OP CLOWIER. ECCLESIASTICAL PROCEEDINGS AGAINST TI! F LATE lIISIIur uF CLOGIIER. • METRI)FOLITAV COURT oft ARM ‘G!!, OCTOBER 21. ( Oka kadaviirea. osio but.) The offences over whielo this Court bus cognizance are not of a temporal nature. This Court does not all ct to exercise any j ovire these offences for the purpose of corporal punishment. In authority and jurisei - ction are to itivir into and reform aloe evil !labile mod propensities, and, in the quaint but terse bniguage of my Lord Coke, it is to reform toe in ward man.' The jurisdictions are altogether distinct and dd• tercet, not them are a great many in..tances to be found of CAM.* Of crime which, for these different purposes, have been made the subject of the jusiseliction and authority of the Tem poral and Ecclesiastical Comte. These offences were all cum. witted in England, and in a country forei_ii in respect of its criminal law ant; juoisdiction. They could not be inquired into or punished by the municipal la. of ibis 111.1 i ; and melancholy aim abortive would be the law of the Cloineb and its authorities it crimes such an these, and committed by a pre late of bland, •• who shoucl excel all others in purity, and he an example to soMirn to live web and chriatimily," should piss unnoticed and ulo v utoinheit, because that be loa.l commi;ted these offenaes in a oner g it country to the scandal of himself and his church ;" aim to a count', where t .cy might be cainonitted with imputoity --aim that his wilful alisr..:-.ce lion this country, anti neglect of his episcopal duties,. and ciontempt of his impeder, bib Court, and his laws, should protect bial from the pui.ishunent due to his MUMS, aril I'l'lllll/Val from his nu red oilier. Hut the Ec olesianUcal Court in not so w .k and incompet.mt, nor are its authorities no iumillieieut and abortive in the enforcement of its laws J ordiumoces. Thin ease afford* abundant evidence to the contrary. 'fire law 'cant be applied, and fully enforced against the w dial, lit, and alonent :non ; and it is ii,ght and necessary fur the muintrindice of the trio! religion, and the wiscipl.ne of the Church, that ifs law can be thus administered and culurced. It will not he necessary to male separate and distinct obeervations VIM the et iJence, as it is to be applied to tie case of tactility. The facts herein detailed all of them contribute their due proportion to the establishment of ibis Inn - syrial fact. Hut if timber observations be necessary, be it re membered that the Bishop has been for the lust three months wilfuliy aliment from his palace and his hishoprick, and has toomouglity neglected and deserted the great and important 'lollies of Ids station, and that this has been a period of time when his presence nail alteutlauce were more than necessary and susiously cape -led. This absence OM/ neglect of duty is in itself • ca.siotneal offence, and punishable by its taw. It is ✓ea;oect of the off e nces imputed to the Bishop of small account —but it is a fact that is of some importance in the aseericiii mem of his crime and identity. Ili,. absence commenced im nitiliately before the cu iiiiimiss oo of his crime, and bas since continued. It bus covered the period of the proceedings in this cause, their commencement and approaching termination. It ennuis' be n o w be presumed that he is ignorant of their nature au.l porpoise. One other circuonstanee, and decisive on this Fart of the case, remains to be stated. Since the institution of thin suit, and the 04)614:nth/it of its cominieneenteot and pur pose, a public sale by ant lion has been held of all the Bishop's pi . ..petty at tile palace of Clugher. The entire stuck and fur niture have been sold, and the palace, which should he the constant place of his residence and hospitality, in now bereft of to my article tom could contribute to its comfort or COIIVe -141,11t.e• He had to ask pardon for baying dwelt no long in the Oatmeal of this case ; but its import:dire was gr. at. The duty imposed on his Grace and loon brethien was paiufail ; but it was necessary and unasuiolalde The net required of them was the e•nrcone of a duty which his Grace au a his brethren owed to themselves and their succcasors to their Cud and their country. 'floe evidence was then read in open Court. It was full and satisfactory in the flood id tae facto adverted to by the learned 'oloo.corte to Lis topeniog speech, and particularly the commis s.ou of those acts which i 0,11,0 the founitatiNll of, and consti tut.-.1 the necessity for, lie proceedingn. The same reason whieh was assigned by the loaded Advocate 6,r not detailing those tar la in his speech, ii.ft 1.11 , .e10Ce our determination, aunt yoatify us in 14 iillilOWing Iruw the public eye a ntistement of tact• so truly disgraceful anti oegr....nog to die person accused, nnot now convicted, and alit:ling to Ins much levet:toil family aid friends. Th.. testamentary evidente was rend by the Proctor or Office, an called for by Dr. Stspl,s, comment:nig with the itialinp of Cloilser's admission into holy otdera, and tee minating in the sale of Ilia rope; ty in Clogh,r, aua pretty ovally in the order and to the purport follow mg : The Ibt Doetimeht--Time the fii , hop of Clogher was in holy or,:sr., and had itidl held and reputed in b. u 11If 20 years past and tot i 0 years o;o he held a rectory, and perturnied the taireor in this archdrocess; and was proved by the ltcv. John laeopiiiiin S.u,y, and Juitu Patna:am. Itegiater• Dwetiment was the att..t,tl ci. y of isimugnanea promotion In the See of Fci no, bearing date the . ..6tb of Aueird. I IN P 9. D.reasott.t was the evidence of hia coosectation to that Erne, .0 - LAO' INTELLIGENCE. COURT OF KING'S BENCH. MoNDAY, NOv. 11. 1.41;RS •. THE EARL Of STAIR. This was an act on • bond for 2,0001. executed by the noble it. Pendant when be was Mr. Dalrymple. The question upon the case WaS tried before the Lord Chief Justice at the lam sittings al Vi estminster, and the Jury found a verdict for the plaintiff. The bond, which arose out of a gaming trananc lion at Paris some years ago, was given conditionally. It was not to be in operation before the death of the Ice Earl of Stair. 'lliat condition, according to the evidence, was not duly observed, and the court was moved to set aside the ver • dirt, on the ground that non-compliance with the conditoms of the instrument made it • nullity. They granted a rule to aill:%! (AU Se. THE KI]G V. WADDINGTOV. The defendant came into Court as the Judges were rising, for lire purpose of makiug a regu:ar display of oratory. His list (Idiot was to file an affidavit, which he banded up to the officer of the cuing. lle thee caught the eye of the Lord Chief Justice, who said the Court could not hear hilts on that oeca. . It w..uld be time etiough to muve fur a hew triad whin brought up for judgment. Wiiddiugtim.-- • But, my Laird, I wish to he heard ; wish to too\ e tief." The Jud,,es left the Court, and Waddington eapressed much disappointi...st at btioiug another bar put to his elo quence. Ile did not his his allittatit, but canted it away "Ayr his arm. " " , . . • . Z 62 • A .41\ \ ABBEY V. CAU. Mr. Simlett said, that this was an action against the return ing oilictr of the borough of Aldborougb, tri,' before the Lord Chief Justice at the last assizes fur the county of York. He hail been instructed to look at the case in 411 its ' , curing's, in order that lie might hid souse ground of motion for a MOW trial if any existed ; but be must cooless that there did not appear to him to be any. Ile would not, therefore, trouble the Court out the subject. CHINIINAL INFORMATION AGAINST THE COUNTY OF BECKS. Air. Taunton Said, that lie was instructed to wove the Court for a new rule to anew cause why a criminal information should not be granted against the inhabitants of the county of Becks, for the refusal to repair a bridge situated within the county.-_ The bridge Iny in the direct line of the turnpike road, and bad always be n used by the public. It was built across the river his, in the road from Aston-line, iu Oxfordshire, to Furring don, iu llerksh re. In 177$ it was erected by the trustee► of the road*: part of the expense of its erection b ing defrayed out of their funds, and part by voluntary contributions. In 1779 it was taken down, and the prasent bridge was erected in its place. The allidavits stated that this bridge was in Berk shire; that it had been completely adopted by the public; and that it hail gradually fallen to decay and become even dan gerous to passengers. At the Sprin,f, Sessions in last year ap plication was made to the Magistrates on the subject ; they appointed two gentlemen, named 'Bandy and Mills, to inquire of the state and local situation ui the bridge ; and on their report that the bridge was in a state of dilapidation, and situ ate w;:hiu the county, they moue an order for repairing Gee bridge, buf directed that payment should not be made until the que►tion of' liability should be decided. Some repri.a, thereime, were tune, but nu payment made on account of the expenses. A bill was referred against tit county at the hest Lent Assizes; awl thought h'tr witnesses swore to the local situation and CondiliOn of the mud, the Grand Jury threw tout the bill. At the Mid►uorwer Session: spottier bill was pre ened, which shared the saute fate. Again it the Michaellltta Sessions, a bill was preferred, which certain circumstances occurred which lie (stir. Taunton) would rather 1,8. 4 frolli the allidai its than filial himself to detail, as they were of a :+clus liar nature, and involved hide% iduals of high station au: character. The Lord Chid' Justice.—Why need you state ►hem at all In the event, your bill w as, Ipl ratline, ugain throv.o out Mr. Taunton.--Yes, my Lord. The Lord Chia Justice.—You have stated enough to en title you to a rule to ►hew cause. Do you propose to sene it on the Clerk of the Peace ? MI. Taunton.— s ; and on tv.o 31agistrates to whom the parikul..rl) refer. The bort' Chief Justice.—Take a rule to 'Lew cause. nol•. 12. TIIE. KIM; c. 111.1.5 E. Mr. Sergeant Pell .moved for a new trial in this prosecution. It was au indictment tried at the Bothnia Assizes for lt'2l. 'fhe 'dahlia wss charged with bribery at the St. Iveselection. The learned Sergeant alleged as the ground of his motion, that the defendant had been taken by surprise, and obliged to go on trial unprepared for his defence. The attorney for the prose cution hail given him reason to suppose his trial would not come on, and in consequence of that representation be dirt not pro cure the evidt nee necessary for his defence. It was also urged that the principal witness fur the prostcution, a person named DUOII, hail been convicted of perjury since the trial. Ile Court wire of 00111011 the alhdavit of the defendant required affidavits in answer, and upon that ground they allowed a rule to skew cause. rENs tl. B ADCOTI'. AND OTHERS. The Common Strum:tit moved to net aside the verdict in this care, on the erotind of a misdire ction. It was an action to recover 11141114 g CN fur false imprisonment, tried before Baron Graham, at Vs arwick. The Jury found a verdict fur the plaintiff. with one farthing damages. There were two pleas ; first, the general issue : the second was % jus tification under a late statute, the first of Geo. 1%. which giv,s authority to any constable or owner of property, without the warrant of a magistrate to seize, apprehend, and take before a magistrate any person or persons committing damage to pre mises, garden, fences, plants, crops, and other property. In this case the defendant endeavoured to prove, that the plaintiff, on a Saturday night, left a public house with ■ loaded gun. which he fired into the window of a public house opposite.— he wife of the shop-keeper and several customers were in the shop at the time, and they narrowly escaped personal injury.— Twenty-four panes of glass were broken. On the Monday fol• lowing the plaintiff was taken before a magistrate, who felt some reluctance in committing him under Lord Ellenborough's Act, hot recommended the parties to proceed on the Ist of Geo. IV. offering at the time to commit him for maliciously breaking windows. They did not adopt the magistrate's sug gestion, and the plaintiff was discharged. lie then brought his action, and the defeedant justified upon the Act of Parlia ment. The plaintiff attempted to prove an alibi. lle alleged that lie was in the public house at the time the gun was fired ; but the defendant had evidence to show lie was leasing the house at the time the damage was done. Notwithstanding this fact, the Jury found a verdict tor the plaintiff, The mitdirses tint, on the part of the Judge was, omitting to state to the Jury. that the deftinlanta were justified under the Act of Parliament, independent of the general issue. The Lord CliiefJu►tice.—The question at the trial seems to have been, whether the plaintiff was the man who fired the gun. Comitiou Sergeant—Yes. The Lord ChiefJustice—Perhaps a constable is not justified in arresting a man, unless there is at least a strong suspicion that a felony has been committed. Judge Bayley—l think you bad not proof the plaintiff was the man who did the act. The Common Sergeant then said they bad proof of that fact. A (purel between the shopkeepei and the pleintiff had taken place previous to the injurious act. The Court granted a rule to show cause. THE KING V. FIELDER AND ANOTIIV.R. It!r. Adolphus said, he was ready to submit his objections in layout of the defendants, and loose either to enter a verdict for the defendants, or to obtain a new trial. It was an indictment against the two defendants for keeping a Laming-house, in Rennet street, St. James's. Mr. Adolphus at the trial objected, that the house was nut io the pari►h of St. James, and also find no evidence proved the defendant was the keeper of the house at the lime one of the witnesses fur the prosecution swore lie saw hint acting as such. —1 he learned counsel was asked before he made Isis motion, whether the defendants were it, Court ! lle answered no. Judge Bayley—l donet know whether you can mese if they are ;dismal. Tha Court may wish to know whether judgment has passed on a former conviction. There is a rule in criminal cases which precludes connsil from moving fur a new unless the defendants are in Court. Mr. Adolphus—Will your Lordship give me leave to men lima the application when the deleudituta are in Count • IMM•lii••••..-_..., `.:.