The Statesman.
London, England, 1822-11-08 00:00:00

lirtECROPOLITAN COURT OF ARMAGH.
MONDAY, OCT. 21, 1322.
[rite ai TRH ARMAGH VOLUNTELS
The °fries of his Grace the Loru Archbishop of Armagh,
Primate and Metropolitan of all Ireland, at the pro/
motion of Thomas Tilly. the Proctor of said Office;
against the Honorable and Right It d Percy
Jocelyn, Lord Bishop of (looter, and one of the Suf.
fragan Bishops of the Metropolitan Church of Ar-
magb.
This cause of Office was this day called on for bear-
ing in the presence of firs Grace the bold Massie, and
t ,or of his Suffragan Bishops, six.—The Lords Bishops
of Kilmore, Derry, Demote, and Rsphoe, and the
Right Honorable Doctor Radcliff, his Grace's Vicar-Ge-
neral, and of other distinguished and respectable per-
sonages. The Bishop of Clogher having been thrice
tailed in open Court, did not appear; and in pain of his
contumacy and contempt, the cause was proceeded in
to an bearing, an], lastly, to its final determination.
Sir Henry-Meredyth, the leading Advocate for theOf•
fice, stated the case. He lanseated to find, from the vales
heretofore, and as this day pronounced in this those,
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 establish-
oil against him, to those who take a part in the accusa-
tion, must ever be matter of serious regret and anxiety,
hat ore so than in the present cause, whose im-
portance, io respect of the persuo accused, the enormity
of the offence imputed, and its certain result if esta-
blished, has imposed upon bins, and those who have
Dees entrusted with, and mast take a part in, its con-
duct and determination, a heavy responsibility sod
painful duty; sad which are considerably added to and
encreased by his Lordship's absence. The absence of
his Lordship has also occasioned much delay. inconve-
Aimee and exposure, which would otherwise have beet
prevented, and from this circumstance has been render-
ed unavoidable. But this circumstance, though it may
be regrotted, may yet be of importance in the ultimate
&cams 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 pro-
ceeding belongs to him as a Superior of the Church,
and is necessary for the due exercise Whitt spiritual au-
thority over those who are sulWct to him and his tied-
'stations; and the exercise of this right by him as the
Archbishop or Metropolitan over his suffrtgan Bishops,
is now so well established in law, principle, and in prece-
dent, that it cannot be disputed. to this case a more
.than ordinary discretion has been observed. A pasts*
has been selected for, and appointed protsoter of this
suit and Proctor of Office, who from his well known in-
tegrity, information, and experience sea Proctor of the
Prerogative Court, and of other the Ecclesiastical Courts
in Ireland, could be safely entrusted with the cosiest
of a cause in itself, and in its consequences, so import-
ant to the individual and the public, and with as expec-
tation that every thing necessary for its maintenance
and establishment would be adopted and performed;
and if any Batik was then wanting to sustain that opt-
neon, it would he now justified by the proceedings
which have bees taken in this cause. A further caution
has been observed in respect of, and prior to the com-
mencement of this cause, not as a measure absolutely
necessary, but as one of singular prudence and discretion.
The charges were serious and of as heinous nature. It
ras right to have an early assurance that they were pro-
liable and could he sustained. For this purpose the provi-
sions and directions of the statute of the 6th of lieu. Ist.
.chap. 6, were resorted to and followed. A person who
had been s--spectator of the commission of those mitts, b
Dar Bishop and hisassociate in crime, and could posi-
tively swear to theta, was required so to do previous to
,thicsuit. Sack a person was procured. He was per-,
aottally examined upon his oath, is the resew* of. Ma,
amee the Lord Primate, and upon that saanitasiiiiat.
'which was reduced into writing, and forms now a part
aff the record in these proceedings; he swore to each
facts as left not a doubt as to the propriety of, and ne-
cas -y for the proceedings. The citation in this cause
at ccordingly issued and delivered for execution. It,
entrusted for that purpose to the proper officer of
rte Court, and with a direction to serve it upon the Bi-
shop, or at Lis proper place of residence—his palace in
the city and diocese of Clogher. Ou the 21st day of
August last, that citation was returned into this Court
with certain affidavits annexed to it, by which it appear-
ed; that every effort and due diligence were used, and
lopiry 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 Ili: et Media. and to be executed not only
Within the diocese of Clogher, bat also in the archdio-
telle of Dublin, where' it was unilerstsod or kaowo that
Cte Bishop bad an occasional. residence. A suffi-
cient time was given for the doe execution of these pro-
cesses, and tar theappearance of the Bishop. Every ef-
fort 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 fur 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 Dignitaries sod officers of his
church and diocese—upon his men of business, intimate
ftiends and relatives; and so extensive was the inquiry
fur him, and great the efforts to serve him with process,
and to certify the commencement of theproceedings, and
it. necessity and import, that his Grace, on theStli ofSept.
last, was pleased, and according to law, to declare him
contumacious, and in contempt for his non-appearance.
And it was sot until the 26th of September, and after
an entire month was expended in an effectual attempt to
procure the appearance of the Bishop, and his doe sub.
mission 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 comae.—These proceedings are thus detailed and
adverted to, in order to shew the deliberation with which
this cause has been conducted, and the anxiety that has
leen inenif.sted to give to the Bishop an opportunity
far Iris appearance and defence. But this exertion has
been ineffectual, and to this hour he remains wilfully
absent and in contempt. By this conduct Vs has much
Inv eased the length of pleading and burden of proof—
In his absence it was necessary to allege and prove many
far s hich mutt have been admitted or established
by hie appearance and deed of proxy—his qualification,
and, the jurisdiction of this Court, would hare been in
this nionner admitted or established, and the formal and
necessary proofs to sustain this part of the case would
have been mulch lessened in their number and amount,
The *ming which has been thins exhibited, and to
sgiieli full and sufficient proofs have been applied, and
'loon which the sentence of the Court is alone to be
fuunded. contains within it and its detail, the many sir-
e: atustances necessary for its support and establishment,
and shall be here shortly adverted to :
• .The Bishop ofClogher is an Ecclesiastic, and as nth
...bled to the laws of the church. He has been for matey
years a Priest is Holy Orders. la the year 18419, he
ism promoted to the united Bisbopricks of Leighlin and
Ferns: on that occasioe be was duly consecrated sod en-
tiirosed, and lie then swore canonical obedience to the
then Archbishop of Dublin, as his Metropolitan, and I
enimcribed to the canons of the Church, For eleven
years he acted as the Bishop or Pastor of that Diocese.
sad with a character and conduct which did honour to

4 I

Meow* aril his high .see, igimmaliuiesit=k
1920, end a little more that two timothy after
don of his'present Majesty so the throne, he was /teeniest
rof4hY of edvenceolesi•eadwas aetordinglytrensitsd to
ohs See of Clogber, and W itshigh hoerow end advant-
ages. On that occasion he took the oath of cationic&
obedience to the then Lord Primate °fleets's!, his Brace's
'We and mach lamented predecessor. And in the
'Month of August, In the same year. be attended the tri-
*Mal visitation of, and was visited by his Once the late
•Lord Primate, as one of his Suffrages Bishops. These .
facts are ristained by legal and appropriate evideuies.-0-
rag Canine of the Church are referred 4ra In the Pl4lOl-
lag, and particularly the 42d of those Canoes, by.***
he was, and is bound, as the law of his condoshaist
adoption. That Canon particularly prohibits the
fort
mission of those offenses, of which he stands chat
' under the heaviest penalties of the Law; and It is e
violation of that Cason, sad under its 'authority,
that the cause of deprivation is mow proceeded in
against him. The particular facts which coestitate that of-
fence are folly detailed in the pleading 4W tha writt"
evidence. That evidence is now permanent and recorded;
cannot be departed from or altered. Those parts which
immediately go to constitute his crime, are full and par-
ticular. He would not detail them; be was happy to
think he was relieved frees that paid'sl necessity; in
that hallowed place. sad before that egged tributes'
(where he then spoke) be would kayo hesitated Mai
before be would have detailed such facts; even though
be should have felt if it were necessary to do se,fir the
support or elucidation of that case, which he was Mod
to establish for their satisfaction. Bat be fort thoroughly
convinced. that open the evidence. Whets read sad m-
oldered, there can be bet one opiates% vivid of those
charges. They have bees, and are fully snatched apes
evidence se clear' consistent aid credible,* wet ne IMO
• doubt upon them. Oo that oddities he would slake
this observation; it fully evinced the exist** at thaw
evil habits and prepensitits, in that unhappy wow with
which he then stood charged. and which firmed the
foundation of that sentence which was to be pronounced
against him in this cause. That evidenee also proved
the fatal and depraved purposes for which be associated
himself with a private soldier; wholly beneath him in
reek and station. as the unworthy sad vicious parfait
of his depravity mod guilt. The place chose* by him
for that base purpose was also subtlest to him at &Prelate
of the Church; and a man of his WO rank aid skidoo;
it was a common Ale-bones, situate in St. Albse's Plate.
in the city of Westminster, and county of Middlesex. in
England. In his career of vice, be was fortunately, nay.
be would add. he was providentially arrested before be
hid perpetrated the last foul act, or crime, which he him-
self designed ; and by which if committed, his life
would be forfeited to the offended lows and justice of the
toootry ; the many witnesses to his disgrace and degra-
dation, too plainly showed and convinced him of their
fell knowledge of his base bets and purposes. He tisek
became dejected and desponding, sad la terms and lent
of agony and despair be called epee that Great filed la
whose presence he had se lately and grievously offeasled,
for his protection and deliverance; his prow teas gra.
eionsly beard—his life was spared te he, lea deabf, far
his wise aid mercifol purpose.. lie survived the born*
of that night, and he is now enabled by docent •Offillif
sad regret, to look for that remission of his eine. and for-
iveness from his God, which he c.oald ken hardly
looked for, if his life had been forfeited to the law, or he
had on that night fail.' a victim to the just iedigemies
of the many who witnessed his depraved sad vial**
coodeet, and were with difficulty restrained from sadist
his existence. He was arrested by the watches* sad
others,aad is a situation disgraceful and degrading ta
him : he was made a prisoner, in order that he *Mid
be moved to the watch-house of the dlookt it *Mei
he had committed his many acts of 'name" sad swims
He esdiseoured, but in ve to ea
to in
charge et him, from their Glahloiameiksed
demote thatiabliobousa la . bill 410ortall
and arrested, he was seenand rev bTheetassa
able Gentleman is Ireland, who from his pr iMat knew'
ledge of his dress, person, soil appearance, has been
examined to, and proved his identity. He bed open
him at the time, his usual and proper habit sad dress
as a Bishop, or dignitary of the Church. There was no
disguise or concealment upon his person or appearance:
That circumstance had crested an early suspicion and
observance of him and his actions on that night and has
eontribeted, with many other circumstances proved in
this cause, to the establishment of his identity, which
from his conduct is the cause, and under other einem.
stances, might have been difficult of attainment and of
proof. As be was advanced in custody to the watch-
house, and was surrounded and insulted by many per-
sons who pressed upon him, and in a situation degrading to
himself and his high office, be approached to and passed
the gates of Carlton Palace. What his sensations and
sentiments were, or must have been on that occasion,
may be conceived but cannot be expressed : be most
have felt that he was " fallen." That feeling he himself
displayed at that moment in a strong, convideive, but
ineffectual struggle, for release and enlargement: a dr-
comstance too that is of value in the ascertainment of
his guilt and identity.
Upon his arrival at the watch-house, the Bishop and
his associate were brought together into the presses:toot
the constable of the watch, a Mr. John Latchford, a
principal witness examined in this cause. The Bishop
bad then and again to meet and see those persons who
he knew could anti did depose against him ; in his pre-
sence and hearing, and of his associate, the full particu-
lars of their crime were disclosed and detailed; he did
not and could not deny their truth ; his name and ad-
dress were asked of him by Latchford ; be positively de-
clined and refused to give them. That refusal under its
circumstances was natural ; the constable, however, had
a duty to perform. and after that refusal, and in order to
obtaia some information as to the person who was thus
heavily accused, 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 apon
his person strong evidence of and by his acts and ex-
pressions at the moment, fully admitted his guilt;
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 fragments
of it when torn, into the fire place of the room is which
he then stood This circumstance attracted the atten-
tion 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 remov-
ed from the room, end to a cell orplace of solitary con-
finement within the watch-house. Shortly after his Fe-
moral he was heard by Latchford to cry with a load
voice, and to ask hint.' could he not get bail ;" and no
reply Inrinie given, lie wilted for pen, ink, and paper, in
order that he should unite a note or letter. 'fie pen.,
ink, and paper, nete furnished to Lim by the directions'
of Latchford, and with a view t:iat he slionld he thereby
enabled to obtain some knowledge of the Bishop's name
and address, which were still unknown to him. Ti.. '
note was written by the Bishop, aid by his desire it au
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 hail—he could not doom. The Bishop.,
in an anxious and importunate wanner, regaested i
urged Latchford to seed the note as directed. Lit
;
ford informed him he did not and could sot send I.
The Bishop agaia and again called on and pressed b , I
to do so, and in an earnest and oupplieatiog tons ,
voice, cried nut and said, " Poe BoCe sahosendit A '
bat Latchford retained the Vete tied it is mew la ITC
. . .4 ......

dente, tad before the Court. That note has barn ex-
hibited so many persons sow resident in Irelead. who
have bete for many years acquainted with the Bishop'
mid his land-writing. They have bees examined in
title caller. and they have all agreed in their evidence of
this note kin of the handwriting of the Bishop, sod
ttliat the initials .. P. C." subscribed to it denote his
Christian name and title of honor. Tlae tell is is the
following words :
"St. Jame:', Watch
Boxes
" rime street
_ .
• '• Vime street
..
jo ks,* .
. . .. " Cutest to use directly, don't say who 1
~.,
.7. ropy,.
An; xll ea Radom. Conte isietantly, end
irate..
a gentleman below stars, 12 O'clock—
" P. C.'?
; ~..1., ,„ Amid Iraq thus addressed,
~., jtsfffr. John Warring.
"21, stiontagie-eireet,
" Pertmlam4qmore."
.."f'Wm est., strong proof of the material Mak
.. ' dr. 'ob 'lease; the 'crime of the Bishop; his conscionel
.. IWO crime; and of his then alarming situatios if
pe6 anxiety to conceal his name and high mad*.
t also affords, in addition to the other circumstances
adverted to. powerful and persuasive evidence of Lis
Uentity. Dew the remainder of this unhappy night,
.thislost aod degraded nano was intent upon, and en-
pied kaprayer. Throes prayers were sincere and cmsel
bite, 44 were, it is hoped, graciously beard and 're-
ceived. His sopplicatioss and ejaculations throsighost
tie night, bore bad and sneemisg. He was visited*
pasionally by Latchford, is the cell, and be was footed
et- all such times spoo his knees, aid is e pollard of dn.
pout prayer. and devotion. After the removal of the
Bishop to his cell, Latchford took up wad eolloeted the
fragments or pieces of tor. paper ; lie joined .r pasted
them- together so as to make the writing perfect and le-
gible. He preserved it carefully, and. also the sole
which bad been written by the Bishops end teteiseS
both of them until the occasion on which they were
afterwards sheen to the Bishop, and hereafter parties-
lady mentiosed. 11l the females:sof the following day,
the 20th of July. the Bishop was removed is costody's
to the Polite Office of the district of St. James's, West-
minster. in which district he had been guilty. of sod
charged with these offences. Soon after his arrival then
he sas brought before Mr. Dyer. the sitting Magistrates
and one of the Justices of the Peace for the county of
Middlesex. In the presence and the hearing of the
Bishop and the soldier, the several persoss who had
charged them with their agents, were severally, and
apart. and upon their oaths, a:audited. It was viva
voce examination. Th.. Bishop was then professionally
assisted. They deposed to and detailed the same facts
against him which they bad stated in the watch-house,
and are now ie their sworn evidence in this cause. The
Bishop did not contradict. or deny, dm tenth of them,
charges. He wee particularly plied on aid required by
the Magistrate to attend to him, and in order to give
him a Nether opportanity for•denial or ;lettuce. he read
to him and to the soldier, a private and short sots of
these examinations. which he bad taken for his own in.
formation and guidance—bet the Bishop and soldier re-
mained silent—they sought not any evidence, they
relied not on reey facts for their acquittal, or proof
of their innocence.—,The Bishop appeared before
the Magic ate and his chief clerk, Mr.• Fitapatrick.
(a principal witness to this transaction) in the dress of
a dignified clergyman. The biter which the Bishop
had tore, and endeavoured to destroy the preceding
night. was they produced by Mr. Latchford, and given
to Mr. Dyes • Mr. Dyer read it. It was of a private ea-
tare. Ilia gishep by himself and his Cognsel, claimed
that littet as his own, and requested It to be given to
Wish It was dose so accordingly, and immediately
epee the getting poem -mien of it. le the pogo
mar,* of r. Dyer, his clerk and of Latchford, est of
his 'owe tosses be to.. and detteesett that lettees so
that no fragment weld hive berm they saved, or can be
new prodused in evidence. That loom was addressed
to the Bishop .f Clogher. It bore the signature aid
subscription of his much esteemed and amiable nephew,
the, gad of Bodes. It was °Ca private nature. Its
cegients have not lees disclosed; boa it may be fair to
pronounce upon them, that they are each as did honour
to the bead and heart of Its writer, and of the man to
whom it was aoldressed. The note which had been
written- by the Bishop in the cell was then produced.
and read before him by the Magistrate. The cir-
cumstances under which that note had bees written
and detained were folly detailed by Latchford.—'fbry
were not denied or contradicted. They were admitted
by the Bishop. He was then informed by the Magis-
trate that his offence was bailable, and that bail to the
amount of 15001. himself, and two sureties,of 2501. each,
would be respired for.bis appearance at the next Clerk-
enwell Sessions, and his trial for the offences then im-
puted to and sworn *guest him. His bail were is at-
tendance. lb was then called on by Mr. Fitzpatrick. as.
Chief Clerk of the office, and in order to perfect his
bail, to give him his name and address. The Bishop
hesitated, and for a time refused ; be was then informed.
and in the presence and healing of his intended bails-
noes, that it was necessary for bits to give his true name
and address; and that without it his bail could sot be
effected, or himself discharged. He, then, of Wessell
and in the presence and hearing of the Magistrate. his
Clerk, and Latchford. freely and voluntarily did state
and declare,and, for the first time, gave them to know
that he was the Honorable and Itiglit R 11 Percy
Jocelyn, Bishop of Clogher, in Ireland; and that be
was then reading, or lodged, at 21, Montages-street,
Portman-sqoare, the house to which his note of the pre-
ceding night had been directed. His bail were then.
in his internee and hearing, sworn to their qualifications,
names, and residences. One of them. a Mr. John Fay,
score and qualified as the proprietor of the house, No.
21, Montague-street, in which the Bishop of Clogher
bad previously, in his presence and hearing, declared he
wasp aladger • the bail was the, perfected sassordiag to
the course of office, and the Bishop was accordingly
discharged and retired. These facts are fully detailed
in thesvidente of Fitzpatrick and Latchford. sod Fits-
patrick has confirmed his testimony by the production
of one book in which, at the time, be made an entry of
the names and residinces 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. 'float fact is alleged in the pleading
and proof. It is also alleged that the Bishop did not at-
tend to take his trial at those Sessions, pursuant to his
rerogni . That was not a necessary proof for the
office, or to sustain its cue. But it was alleged by way
of challenge, anti to this hoar it remains nocontradicted
and unexplained.—(To be comtinsicd.)

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