Abbildungen der Seite
PDF
EPUB

concerns. If they are disappointed, they cannot brook it. They have been taught to regard mankind as persons whom they are to govern at their pleasure-they are incapable of smoothing the matter over, as men more accustomed to the ordinary concerns of life are; and their spiritual power uniformly follows them into temporal concerns, if they are imprudent enough to mix in them. This is vouched by the history of the world, in all ages; it is vouched peculiarly by the history of this country. Who ever heard of Sherlock or Lowth interfering in such matters? No! They were enabled to move this world at their pleasure, because their lives were spiritual and holy. Who has not heard that Wolsey and Laud were of a different character and description? The Ego et Rex meus of Wolsey, and the violence of Laud, against the privileges of the people of England, are equally to be collected from that witty, wise, and just maxim to which I have alluded. Such is the situation of the persons concerned. Gentlemen, it does not signify whether the scene is in the world at large, or in the county of Caernarvon; whether it is transacted in the palace of Whitehall, or in the churchyard of Bangor; the same causes, in the hand of the Supreme Being, directing this world to its good, will always produce the same effects; and I cannot account for the bishop not having accepted of this moderate, of this attentive, of this happy proposition (I might almost say, if it had been accepted) of the deputy-registrar, but that he had deviated from what he does not, I am sure, often deviate from,-from spiritual to temporal concerns, that he had forgot the concerns of that and humble religion, of which he is an eminent pastor, and that he had been drawn aside by the peculiar interests of friendship, by the strong ties of connexion, or by something else, in order to act in the manner which I have described to you.

[ocr errors]

pure

In fact, the resignation has not been made at all; and the transactions, which I am about to relate, will show the reasons why it has not been made, and will prove that it was not possible to have been made with safety. Mr Grindley found the bishop had become hostile to him; he found he was no longer safe in resigning it into hands that could not legally accept the resignation; he found he could not have that confidence, which would have taken place, if it had been left to his own freedom and choice; and that, after he had resigned into the hands of a minor, he would, in point of law, have retained all the responsibilities of the office, without being, in fact, in the office, to discharge the duties: therefore it is, he has not resigned the office. But the transaction which I am about to state to you, and I am now come to the real question in the cause (though I humbly think, under his Lordship's direction, that nothing I have said is irrelevant)-the transaction I am about to state to you will unfold the whole.

Between the 4th and the 8th of January 1796, which you

see was a month previous to the term of the proposed resignation, these transactions took place. First of all, the bishop, in the absence of Mr Grindley, the deputy-registrar, sent for the seals; and he obtained one seal. I think the other seal Mr Grindley's clerk had not in his possession, and it was not delivered. This was intimated to Mr Grindley; and Mr Grindley, imagining that the bishop, having obtained one seal, might possibly attempt to obtain the keys, he, therefore, being at that time in Anglesey, wrote to his clerk to beware not to give the bishop the key of the office if he asked for it. The bishop did ask for it; and was refused. Upon the 7th of January Mr Grindley returned and found that his office had been broken into. He ascertained, as I shall prove from the bishop's own mouth, that the bishop had given directions to break open the window of the office, to take the locks off the door, and put on other locks. In this situation Mr Grindley found himself, respecting an office for the duties of which he was legally responsible; for he is, both in law and in fact, deputy-registrar, and has been so from the year 1792 down to the present time, without any attempt to cast a slur on his character in the discharge of his duties.

Gentlemen, I come now to the principal facts; and I can assure you I will act in the spirit which I professed at the outset. I wish to state everything candidly to you; I have nothing to hold back. I do not mean to say that, upon every occasion, it is possible to justify persons in their transactions for moderation and for prudence; and yet I think, when you examine the transactions of Mr Grindley, you will see, under all the circumstances, that they were neither immoderate nor imprudent. Mr Grindley's offer of resignation had been scoffed at and rejected. He had been treated in such a way as to make it natural to suppose that he would be exposed as a culprit, in the discharge of his duty, to the whole community to which that duty appertains. He found that it was essentially necessary for him to know in what state the muniments and archives were, which he alone had a right to the possession of. He found the means of entrance debarred, and, therefore, determined to get admission to the office; and, having got admission, he determined to maintain himself in the possession of it, as he had a full right to do.

In the morning of the 8th of January, Mr Grindley went to the office, with the means of getting admittance into it. You will observe, that the first attempt to get possession of the office had been on the part of the bishop. You will always recollect, that the bishop has no earthly right to the possession of the muniments of that office, as long as the registrar properly discharges the duty of the office. He has no right to keep the registrar out of his office, but the registrar has a right to keep all mankind out of it, except those who come upon business, and except the bishop when

he comes in the discharge of his duty as Bishop of Bangor. Mr Grindley imagined, from the violence that had taken place beforethat is to say, from the violent breaking into the office originally, and from the offer of compromise on his part, and even of resignation, being wholly rejected-he imagined, and it was natural so to imagine, that force would be opposed to force, when he once got possession of his office; and therefore, undoubtedly, Mr Grindley went provided, so as to secure himself against the possibility of that force depriving him of his office. Gentlemen, I insist that when he was in possession of his office, he had a right so to do. All this will be proved-I say it will be proved, because I know Mr Grindley, who is the first witness, is a person beyond the suspicion of not acting agreeable to his oath. The oath is, "that he shall speak the truth, the whole truth, and nothing but the truth." It has been uniformly expounded, that a person, who does not speak the whole truth in a court of justice, is as criminal as he who speaks a direct falsehood. I feel myself bound in duty and in conscience, as an advocate, to state to you the whole truth; and Mr Grindley is a man of that conscience, that he will speak the whole truth in the manner in which the thing happened. It will then be for you to judge, under all the circumstances; and I think that, whatever opinion you may form with regard to Mr Grindley's rashness in his manner of getting possession of the office, and his determination to maintain possession of it, you will be convinced, that the bishop and those indicted, were in fact guilty of a riot, for endeavouring to get possession of it, and coming and interrupting him in the manner I shall describe and prove.

Mr Grindley went with pistols in his pocket; but it will be proved, these pistols were unloaded. Now, I can assure my friends (whatever gestures they may make), that I am not in the least afraid of this fact. I say his going with unloaded pistols, proves that he had, in regard to getting possession of the office, no intent of offence whatever. He took powder and shot, with which, when he got possession, he loaded his pistols-which proves that he was determined, being in peaceable possession of his office, to maintain that possession; and I contend, that the deputy-registrar of the diocese, under the circumstances I state, had a right so to do. I say, that every argument, every fact which applies to the case of a man's own house being his castle, applies to this case. Mr Grindley, after he had opened the outer door in the porch, in order to prevent any riot, and for the purpose of intimidation, threatened one of the persons who came from the bishop's house to interrupt him, with an unloaded pistol; for it will be proved, that the pistols were loaded at a subsequent time. After this first attempt to disturb him, there was a considerable interval; and during this interval Mr Grindley got into the inner door. Mr Grindley being thus in the office, the bishop and various of his servants arrived. The

L...

bishop hallooed with a voice so lou that Mr Grindley did not know it. Lis pass that it was absolutely impossible to moment Mr Grindley knew it was the to. objection to the bishop's being let in au quietly and peaceably to retire to a further e Grindley then came forward, and said that w to be done he was ready to do it; that sets was legal officer, and he was then in the quer that, with regard to his Lordship, he was come into the office, but he begged that tumultuous conduct might cease. I re witnesses should describe what passed avera But instead of that tumultuous conduct proached first to Mr Grindley, afterware to threatening gestures, and with threatening upon them, and he was assisted by the footwho afterwards came into the office, who as precisely of the same kind and description

[ocr errors]

باره

Gentlemen, one of the grounds of a row is this-That here was a person, legal y est... his office, illegally forced from that off of this office, and remained in the q whether he did so in a manner that cerned spectator may approve of, ar a: a but I am addressing myself to perora I am addressing myself to gentlene nature is; and I am sure, that in an after a voluntary offer of resignation a conduct so peaceable and quiet. have turned again. Mr Grindies a of his office, and then, after a lap attacked in the riotous, tumultua the witnesses will state, but whis first place, it is unnecessary for in the next place, it is painful. went on a considerable time z. whose sex and character I i them into the cause, more t of Mrs Warren and two lace his passion, and withdraw. Gentlemen, this is the cas venture to say, that if th scribed, and I take upor it is impossible for you :. Gentlemen, it wou.. detain you with any p

honour of knowing hardly any of you personally, although among the jury there are some gentlemen whom I have had an opportunity of seeing in another scene in life. I know your characters, and I know that however you may feel yourselves bound to protect the ministers of our church, though I think this prosecution can have no effect upon any but the particular churchmen engaged in this transaction, that you will yet guard yourselves against deviating from those principles according to which you are bound to act, and that you will find according to the evidence.

Gentlemen, there is no principle implanted in the human mind, stronger than the sympathy which we feel for the situation and sufferings of persons of high rank and condition; it is one of those principles that bind society together; and is most admirably infused into our nature, for the purposes of good government and the well-being of civil order. But whatever the rank may be, that rank can never stand between a defendant and the proof of the fact, with a jury of Englishmen. They know their duty too well; neither compassion, sympathy, nor any other principle, can possibly affect their minds. Consider what is the peculiar situation of these defendants; reflect, that they are set apart by the laws of the land, and the regulations of the Christian religion, for the purpose of preaching the doctrines of Christ. Our law has been so peculiarly cautious with respect to their character, that even when it empowers the civil magistrate to quell a riot by calling to his assistance every other member of the community, it peculiarly excepts women and children, and the clergy. I have brought before you persons of that description, who, instead of claiming an exemption from being called upon, have themselves been guilty of a riot; for which they are justly amenable to the laws of their country.

[After the examination of the witnesses, and the close of the prosecutor's case, Mr ERSKINE spoke as follows:-]

GENTLEMEN OF THE JURY,-My learned friend, in opening the case on the part of the prosecution, has, from personal kindness to me, adverted to some successful exertions in the duties of my profession, and particularly in this place. It is true, that I have been in the practice of the law for very many years, and more than once, upon memorable occasions, in this court; yet, with all the experience which, in that long lapse of time, the most inattentive man may be supposed to have collected, I feel myself wholly at a loss in what manner to address you. I speak unaffectedly when I say, that I never felt myself in so complete a state of embarrassment in the course of my professional life; indeed, I hardly know how to collect my faculties at all, or in what fashion to deal with this most extraordinary subject. When my learned friend, Mr Adam, spoke from himself, and from the emanations of as honourable a mind as

« ZurückWeiter »