The Sun.
London, England, 1822-11-07 00:00:00

BISHOP OF CLOGHER.

[From The Freeman's (Dublin) Journal of Tuesday last.]
ECCLESIASTICAL. PROCEEDINGS AGAINST THE
LATE BISHOP OF CLOGHER.

METROPOLITAN COURT OF ARMAGH, OCT. 21.
The Office of his Grace the Lord Archbishop of Armagh, Pri-
mate and Metropolitan of all Ireland, at the promotion of
Thomas Tilly, the Proctor of said Office,
Against
The Ron. and Right Rev, Percy Jocelyn, Lord Bishop of
Clogher, and one of the Suffragan Bishops of the Metropo-
litan Church of Armagh.

This Cause of Office was this day called on for
hearing in the presence of his Grace the LORD
PRIMATE, and of four of his Suffragen Bishops,
viz. the Lords Bishops of KILMORE, DERRY,
DRoMORE, and ItApHOE, and of the Right lion.
Doctor RADcLirr, his Grace's Vicar-General,
and of other distinguished and respectable per-
sonages. The Bishop of CLOOHER having been
thrice called in open Court did not appear ; and
in pain of his contumacy and contempt the cause
was proceeded in to an hearing, and to its final
determination. •

Sir,IIENRY Mr.arnmr, the leading Advocate for the
Office, stated the case. He lamented to find from the rules
heretofore, and on this day pronounced in this cause, that the
Right Rev. Prelate has not appeared 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 respect 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
entrusted with, and must take a part in its conduct and deter-
mination, an heavy responsibility and painful duty, and which
are considerably added to and increased by his Lordship's ab-
sence. The absence of his Lordship has also occasioned much
delay, inconvenience, and exposure, which would otherwise
have been prevented, and from this circumstance has been ren-
dered unavoidable. But this circumstance, though it may be
regretted, may yet be of importance in the ultimate decision of
this cause, and the consideration of the grounds upon which it
is to be supported.
This is a cause to which his Grace has given his high name
and authority. The right to institute such a proceeding belongs
to him as a superior of the Church, and is necessary for the due
exercise of his spiritual 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 suffragan Bishops,
is now so well established in law, principle, and in precedent,
that it cannot be disputed. In this case a more than ordinary
discretion 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, information, and experi‘ence as a
' Proctor of the Prerogative Court, and of other the Ecclesiasti-
cal Courts in Ireland, could be safely entrusted with the con-
duct of a cause in itself, and in its consequences, so important
to the individual and the public; and with an expectation that
every thing necessary fur its maintenance and establishment,
would be adopted and performed ; and if any thing was then
wanting to sustain that opinion, it would be now justified by
the proceedings which have been taken in this cause. A fur-
ther caution has been observed in respect of, and prior to the
commencement of this cause, not as a measure absolutely ne-
cessary, but as one of singular prudence and discretion. The
charges were serious and of an heinous nature. It was right to
have an early assurance that they were probable and could be
sustained. For this purpose the provisions and directions of the
statute of the 6th of Geo. Ist. Chap. 6, were resorted to and
followed. A person who had been a spectator of the com-
mission of those acts, by the Bishop and his associate in
crime, and could positively swear to thefn, was required so
to do previous to the institution 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 proceedings, he swore
to such facts as left not a doubt as to the propriety of, and ne-
cessity for the proceedings. The citation in this cause was
accordingly issued and delivered for execution. It was en-
trusted for that purpose to the proper Officer of the Court, and
with a direction to serve it upon the Bishop, or at his proper
place of residence—his palace in the city and diocese of Clogher.
On the 21st day of August last, that citation was returned into
this Court with certain affidavits annexed to it, by which it ap-
peared that every effort and due diligence were used, and in-
quiry made for the Bishop, so as to have him served with that
citation. Upon that return being so made, his Grace was
pleased, and according to law, to decree a citation Viis et
Modis, and 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 fur the due execu-
tion. 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 Palace and of his
Cathedral Church, upon the doors of his house in the city of
Dublin, and of the Church of that Parish in which that house
is situate. Copies of those citations were served upon the Dig-
nitaries 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 with
Process, and to certify the commencement of the proceedings,
and its necessity and import, that his Grace,-an the fith day
of Sept. last, was pleased and according to law, to declare
him contumacious, and in contempt for his non-appearance.
And it was not until the 26th of Sept. and after an entire month
was expended in an effectual attempt to procure the appearance
of the Bishop and hisdue submission to this High Court and its
proceedings, that a liberty was given to the Proctor of Office
to exhibit those articles which contain 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 show
the deliberation with which this cause has been conducted, and
the anxiety that has been manifested to give to the Bishop an
opportunity for his appearance and defence. But this exertion

has been ineffectual, and to this hour he remains wilfully absent
and in contempt. By this conduct he has much increased the
length of pleading and the burthen of proof. In his absence it
was necessary to allege and prove many facts which would have
been admitted or established by his appearance and deed of
proxy--his qualification, and the jurisdiction of this Court would
have been in this manner admitted or established, and the formal
and necessary proofs to 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 founded, contains within
it and in its detail the many circumstances necessary for its sup-

port and establishment, and shall be here shortly ativertea:b;•
The Bishop of Clogher is an Ecclesiastic, and as such
to the laws of the Church He has been for many Year" 3
in Holy Orders. In the year 1809 lie was 10M:tinted !Qs
united Bishoprics of Leighlin and Ferns; accasien,
was duly consecrated and enthroned, and he then swore claic
cal obedience to the then Archbishop of Dublin, as his
politan, and subscribed to the canons of the cbure„b;es
eleven years he acted as the Bishop or pastor of that Piss
and with a character and conduct which did honour to
self and his high Office, in so much that in the year 18`2°'
little more than two months after the accession of his Pr,*
Majesty to the Throne, he was deemed worthy ofailvaPce-
and was accordingly translated to the See of Clogher'
to its high honour and advantages. On that occassion he
the oath of canonical obedience to the then Lord Primate
Ireland, his Grace's late, and much-lamented, predecess°,r
And in the month of August, in the same year, he attendens
his Grace the
rl:itriennial visitation of, and was visited by on that
Lord Primate, as one of his Suffragan Bishops. ThesLe
are sustained by legal and appropriate evidence. The
of the Church are referred to in the pleading, and Partiac'l(l3;
the 42d of those' Canons, by which he was, and is,
e '°;l
the law of his conduct and adoption. That Canon particet
prohibits the commission of those offences, of which he 6
charged, under the heaviest penalties of the law ; and 1$
, ford
violation of that Canon, and under its authority, that this/
I of deprivation is now proceeded in against him. The Par)/
facts which constitute that offence are fullitletailed in the:d
ing and the written evidence. 'That evidence is now Per Id
and recorded ; it cannot be departed from or altered. Those'
which immediately go to constitute his crime, are full antli:d
cider. He would not detail them; lie was happy t° -id
relieved from that painful necessity ; in that hall°‘°ke )1
and before that august tribunal, (where he then srr)
would have hesitated long before he would have detsi`e-2,1
facts ; even though he should have felt if it were pore
do so, for the support or elucidation of that case, which
bound to establish for their satisfaction. Bat he felt thorouser;j,
convinced, that upon the evidence when read and ale'l oe
there can be but one opinion in respect of those ellactO
They have been, and are fully sustained, uP°n or
clear, consistent and credible, as not to leave 3 joubt tico;
them. On that evidence he would make this oboe; je
it fully evinced the existence of those evil habits ?)
pensities in that unhappy man, with which he thtel,
charged, and which formed the foundation of that s" Ott
which was to be pronounced against him in this estiere‘ shi'°
evidence also proved the fatal and depraved purposes 'Jr
/300°
he associated himself with a private soldier, wh°lll
ct
intis
him in rank and station, as the unworthy and vie
°r
r
of his depravity and guilt. The place chosen by hime-° tht
0f
base purpose was also unfitted to him as a reeljrs s'st
c 2!
Church, and a man of his high rank and station. -t./s
common ale-house, situate in St. Alban's-place, iii the
10
Westminster, and county of Middlesex, in Ettgl, tts:
career of vice he was fortunately, nay, lie would au', OS
providentially arrested before he had perpetrated the ltit//,
act or crime which he himself designed ; and by `.l t r
committed, his life would have been fbrfcitedititeescs
offended laws and justice of his country ; the many Or
to his disgrace and degradation too plainly shewe'l 31301 f,
vinced him of their full knowledge of his base °els
pose. He then became dejected and desponding, and Linst
and tone of agony and despair, lie called upon that
in whose presence he had so lately and grievonsly °en!, Se°l.di
his protection and deliverance ; his prayer was graci°l3,oe:l6°,:
—his life was spared to him, no doubt, for wise alw;1 I.°
purposes. He survived the horrors of that nierm that re'
now enabled by sincere sorrow and regret, to loot' which be
mission of his sins, and forgiveness from his o°';:s to tbe
could have hardly looked for, if his life had been f°4',/iesste:
law, or he had on that night fallen a victim to thejustin[A'st,tie'
of the many who witnessed his depraved and vicious °lfs
were with difficulty restrained from ending his existence*
arrested by the watchmen and others, and in a sitittlti.s otP'r
prisoner,,taiotric/.
graceful and degrading to him, he was made a
that he should be removed to the watch-house of then aed
in which lie had comniity his many acts of intlece;rsol
crime. He endeavoured, but in vain, to dissuade the '1•
reesoCa a 01
in charge of him from their purpose. On his
close to the public-house in which he had been deteetestir
arrested, he was seen and recognized by a resPect3blf.s dress'
man of Ireland, who, from a previous knowledge of
person, and appearance, has been examined too, 35 sac/.
ed his identity. He had upon him at the time his usl3:f the
proper habit and dress, as a Bishop, or Digriittsil
Church.
,There
was no disguise or concealment ttFe
Person or appearance. That circumstance had created earl'
suspicion and observance of him and of his actions o.tascef
night, and has contributed, with many other cirettni'iiiiirS
proved in this cause, to the establishment of his identity' might
from his conduct in the cause, and other circurnstanees;os 01;
have been difficult of attainment and of proof. As henacil
vanced in custody to the watch-house, and was surr°n- a shit'
insulted by many persons who pressed upon hint, and illcbsa t°'
ation degrading to himself and his high office, lie approsa
and passed the gates of Carlton Palace. What his .vostioe
nir, star
' and sentiments were, or must have been, on that oceasi'aito felt
be conceived, but cannot be expressed; lie must have
la st
that he was " fallen." That feeling he himself disPlaYi
that moment in a strong convulsive, but ineffectual stroggf
his release and enlargement, a circumstance too that is °
in the ascertainment of his guilt and identity a iiissss°'
Upon his arrival at the watch-house, the Bishop an
constable
ciate were brought together into the presence of the
costiael
of the watch--a Mr. Latchford, a principal witness %sop°
in this cause. The Bishop had then and again to inv: ISO;
those persons who he knew could and did depose firstfol par
in his presence and hearing, and of his associate, thee did not,
titulars of their crime were disclosed and detailed; hareas were
and could not, deny their truth ; his name and add and le
asked of him by Latchford; he positively decline
eetoCeS'
fused to give them. That refusal, under its circtint'to pap
was natural; the constable, however, had a dut3:_iu solve
to 019E3000P
form, and after that refusal, and in order
information as to that person who was thus heavily
and yet appeared to be, and was, in die habit of
"olds
Clergyman, he thought it necessary to examine th.
person. He then approached to him, and even at
had "-aty, his
o
the Bishop bore upon his person Strong evidence eti at:
acts and expressions at the moment fully admitted °-
, ,
during that seach the Bishop was observed bY
ith I/ows,
,
take from his pocket a paper writing, to tear it w
torn int°
and hastily throw the pieces or fragir.ents a it This
the fire-place of the room in which he then he AO
circumstance attracted the attention of 1,3tCldor
no fire
not then observe upon it; he know that ther
137stiop seaSii
in the grate nor any other paper in it. Theo to ce
shortly afterwards removed from the room, a
atchslintise.
or place of solitary confinement within the vichfora
,to crfit.
Shortly after his removal, he was heard by Letnot get b,44;
with a loud voice, and to ask him " could he

11114 40 il
%der the
Were fur

a'tiew tl
sedge of
known
t
his desit
be
ve
Sent
Wag dir
'lig bosi
do so.

IC Jo

!r3l u
to* I
444

saved
such sub)
Ye3rs l'r1;
„oted "
lat occasi°.,ll

1 sviore c..
)1(

cuTeh•
fthatJJ
onour t 0

;ar 182°' an
of his Pr'",
fadvanco-

Clobber'
assioa
he d
,ra Primate
predecessc)r
attodeu
h 11
GraTce
het
see f,51