The Sun.
London, England, 1852-03-10 00:00:00

"TO THE EIGHT HON. THE Lo;---D
a:ELT Er JUSTICE OF
ENGLAND, , •
"My Lord,—lri the charge' -
your Lordship adverted toY' -
to streuettieti my-
lately delivered to the grand
whin your Lordship
nese.' The circumetanee.
that I, beieg the high sheriff use the Vimes' report),
neentot. Jatr'Y at Aylesbury (of which,
, some
surprise
a .circurdstance which you
said had muted
stirtflse and trot's littleutteasi-
by your Lordship was
Catholic, had appointed • a eh' the county and a Roman
Peered 'in the garb of his
and that this chaplain lead ~ the Of my own religion,
order' in accompanying taeP
jesty's judges -from tine, place where
sheriff and: her Ma-
rley
owlii,ottre the Sheriff meets
Lordship said- that you 'did' not
them, to the court. Of
t in thiS respect your
thought it your duty to say that approve, and that you
'repeats Year
hoped such an oc-
ptiliolie for a week, and
currence would not be're
charge has new been before the 'roar Lordship's
"on some accounts I could wish at I had addressed
your Lordship on' this Subject at o
an
earlier period, for
a portion of the .presa
has alreeee dealt with the case in
a manner to create .prejudice
.1;t
ernions which your
my. conduct, and
to give additional currency to . toe
Lordship expressed in your chargxts;t
but considering the
myself in respect
disparity between your Lordship eed
partof aettahkoerui authority,wati eng tatiate that the
nder any itircum-
, stances, likely to meet with - soiie `el
s_
T o that
wthacesletxdt
rupolcreetilteesus6l):
sympathy, I am satisfied that I have adoptedand
the oourse
Your Lordship,' and
most likely in the end to influence candid • d by
taking time for reflection and inquiry beeeee.miensese'ure,
venture my opinions against those of the Chief Justice
of England.
however, now ad-
dressthe outset, to
the personal
in:four Lordship's
myself, and in doing so I desire, at
assure your-Lordship of my gratitede for
echouarrgteesTurowitteh wehenicthurel
yourthought
defence
the
Lordship
of.
tsbpyecyt•o-ounr
in publicly blamieg my duty
the
Last/ rdsh feelingsi
Lordship froofm kindii
discharging to
wmhyastel yf ol eideneenuat7dinhdoepre ythoautr,
of that-conduct by mo will not be
mLoyrdpslhritpwtedheraogreatdeuferohmuththtooseybuerlinpee:seornrretnd your
office.
to apooint a chapla.
" The Circurattiafttes Which occurred were these
to
Nhiirg,eldte:belh
empf:ayo
c;eepeapdnoei:,peepioenientat
accordance
tisane
chCeiorwto:vi
,:ae:
t:oeu
established
or d shi p
custom of all high sheriffs'
well knows, I could not decline, but which 1 12
never de-
, and
being a Roman Catholic, I pursied the only In
Y . course
which, upon the supposition that the chaplet,
appointed
by the sheriff is the, chaplain .of the sheriff,
could in
conscience pursue, by appOinting a Roman Catholic
chaplain.
"I think it right to state that tie gentleman whom
selected resides in the immediate neighbourhood myl
own house, officiates in the Cathode church at Marlow
and also in my domestic chapel, and is, in all re Dtot,
the person whom it is most natural that I should aeso`e-le•„8
"Oa the opening of the assizes, accompanied 'ls'-y---;
chaplain, I met Mr. Justice Crompton, who arrived theal"
day before your Lordship. In regard to the dress of my
chaplain, to which allusion has been made, I wish to say
that it was not the habit of any religious order (fbi.
apart from any reasons, he is net a member of an;
such order), but the usual fall dress worn by the Ro-
man- Catholic clergy on occasions unconnected with re-
ligious ceremonials. I received his Lordship at the
station, thence conveyed him to court, thence to the Pro-
testant church, and thence again, after the service mes
concluded, to tn., judges' lodgings. Mr. Justice Cromp-
ton, therefore, was repeatedly in contact with my h c ap-
lain
before your Lordship's arrival, and as I was most
anxious not to give offence in any quarter, I was glad Itoti
ad, in the demeanour of that Learned :Judge towards'
myself and say chaplain, the assurance that to his Lord-
ship at least none load been given. i .
On the following day your Lordship arrived, and
ac-
companied leyeay chaplain I received your Lordship'at
e railway' station, and conveyedyou in my carriage; to
the judges' lodgings. In the ooureeof the drive it became
obvious that your Lordship was displeased, and almost
immediately after your Lordship's arrival-at the lodg-
ings I was summoned to a room, in which I found, lie-
aides
ides yourself; Mr. Justice Crompton and the two mar-
shals of your Lordship. -
"Your Lordship then requested to speak with me,
and, as a preliminary step, desired that my chaplain,
who was with me, but whom your Lordship appeared
purposely to abstain trona-ere g - ,: -* mkt.
should withdrew. Thii-ti—• a 44
"V'ffnial.- Z.' tli4n.r'
avtog e ....ence Your'. oed-
ship expressed your displeasure at my having attended
your Lordship accompanied by a Rouau Catholic chap-
lain, a proceeding which your Lordship seemed to con-
sider an to innovation; •
which I replied, that I had
therein followed the exampleofother Roman Catholic
..
sheriffs since, the Relief' Act whet ad tursued a stonier
course without rebuke;, and r Lordship subse-
quently desired to know the "
names of the judges who
had been on -circuit when
that these instances occurred, and
declared . your opinionthere must have been 'an
oversight on the part of those leained persons; and even
if it were not so; though from
would he glad to knows-A
who ehriosity your Lordship
o they were, yet your Lord-
ship's opinion would not vb
this portion of .ebe affected ttereby. To satisfy
soar Lordship's • append the
names of some judges,wh
Whom I know to have acelaielloal•
under similar circumstances, in the presenceof a Roman
Catholic chaplain. i
"I may here observe that,
ness which, from your Lor as
the surprise and uneesi-
el dBhip's subsequent charge, it
would appear wore emus
manifested by either /sire Justice
my conduct, had not,,been
one else 'to my auewlea "astice Crompton or by any
Lordship,l was net pre Ledge before the arrival of Yotir
was
subjected;
stip
,esspastred for the rebuke to which I
vately given, was Ii !pre, a ter that rebuke bad been.Ori-
open court. That,
when
for the repetition of 'it in
Chief Justice, it should% embodied in the charge Of a
have led the grand jury, as I
have the best reasons fe
pose that I bad been guilty
knowing that it did, to stip-
tY of a violent and wilfuldn-
novation, is neither teebe
just matter of complaint
aysondered at nor to be made a
" I now proceed to thegainst that body.
LOrdship'a public rebuke reasons upon which your
" They were thus expressed_. grounded. '
ehaplain, who is to appear as
The sheriff appoints a
who is expected to take his" chaplain of the judges, and
the judges, and to sit seat in the same carriage as
That chaplain, therefore, beside the judges in the court.
becomes the chaplain of -the
judges, and the Protestant
Judges of this country,' religion is the religion of the
" There are here, then, t
••1. That the chaplain two propositions. . I
comes the chaplain of the •
ulepoitited by the sheriff be-
e Jud
"2. That the Protestant series.,,
ship plainly 'meant the religion by which
your tore,
Church, is the religion of the judges of this country.
induced, not on my own n these points, lam now
but on account also of the account only, or of my religion,
honour to fill, and the privil high
office which I have the
to maintain, and on account :les of which it is my duty
different religion from that of all those who, being of a
whether Roman Catholics orp the Established Church,
to the constitution of this 00 Protestants, may, according
office of sheriff, to submit; t uutry, be appointed to -the
for which I must decline to °a Year Lordehip the reasons
"And first, as to the oiatetrietee in your opinion.
that the chaplain appointed , sroade by your Lordship,
chaplain of the judges. "Y the sheriff becomes the
" The office of sheriff, to which I .
directly by the Crown, nau attachedPOintMent is made
important duties, amongst watee,w ete it a Torioty of
it said, the duty of personal atteadalto great respect. be
assize, important though it be, is nut the on the judges of
"Upon his appointment to the omt„he most important.
ternary for the sheriff, as a part of
the
it has been cus-
pertaining to position, to select Proper state al)"
shall officiate assn is chaplain. a clergyman. who.
"In the selection of this clergymen I
the judges were consulted. He is never heard that,
cially for the assizes, but for the went" appointed ape-
of the sheriff. I never heard tithe
a period of office
your Lordship, the chaplain of the Called, except by
chaplain of any one but the shiudges, or the
pointment, as far as I can learn, t sheriff His 'tlPe.
gatory on the sheriff, which, if the a net even obli-
terest in it, I resume it would be. -judges had an in-'
caption of reachping before the jud :th the single ex-
in itself implies no official relation g„,, ha custom which
the preacher and his audience, and whichatever between
only be practised by cousent of the incumbent moreover can
church in which the sermon is delivered of-the
function either by custom or right ered, there is no
sheriff's chaplain which affords the seehrfornaed by the
supposingahitt he has eny official eeL telt reason for
wilt' the judges. On the contrary, it is whatever
the bheriff that his chaplain insist known t 8 only through
and it is only when the sheriff is present thathe
appears
by official Ph right before them. At the
given by the judges he dues hot attendblic dinners
tridental invitation, because the sheriff due
e!teePt by ac:.
public dinners given by the sheriff b, ai‘ not; at the
waYa attends
in his official capacity.
" I cannot, then, regard this claim ee your
otherwise than as a direct encroachmentJu '" Lordship
vilege; of the office which I hold—au pon the phi-reencroachment let
me add, which is the less warrantl"e because e '
expressly recognizes the existence or the judge 93law
chap-
lains eau totally distinct class from thoie 01
t_ls
Ely the 2lst of Henry VIII., C. 13. the' ehap. sheriff's.
Lord Chid' Jubtica oi. the Queen's Bench asst er: he
of nwelally
privileged; and by the 25th Henry V111,,] c:
le, mailer advantages were extended
to the
"
chaplains of the Justices oat the Queen's
,Bench
Common Pleas, and of the Chid 4„ou f and
x
chequer. It is thus plainly in the power of the judges.lf4.-
above mentioned to take with them on their •
circuits
chaplains of their own; and if for any cause they have
thought fit to discontinue their appointment, this can
hardly afford a reasonable pretext for
endeavouring to
appropriate the chaplains of other and independent
officers of the Crown. -

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