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• Besides, it must needs occur to every one, that an action of this atrocious nature is never heard of, but, when its springs are laid open, it appears that it was to support some indolence, or supply some luxury, to satisfy some avarice, or oblige some malice ; to prevent some real, or some imaginary want : yet I lay not under the influence of any one of these. Surely, my lord, I may, consistent with both truth and modesty, affirm thus much ; and none who have any veracity, and knew me, will ever question this.
“In the second place, the disappearance of Clark is suggested as an argument of his being dead : but the uncertainty of such an inference from that, and the fallibility of all conclusions of such a sort, from such a circumstance, are too obvious, and too notorious, to require instances : yet, superseding many, permit me to produce a very recent one, and that afforded by this castle.
• In June, 1757, William
Thompson, for all the vigilance of this place, in open day-light, and double-ironed, made his escape ; and, notwithstanding an immediate inquiry set on foot, the strictest search, and all advertisement, was never seen or heard of since. If then Thompson got off unseen, through all these difficulties, how very easy was it for Clark, when none of them opposed him ; But what would be thought of a prosecution commenced against any one seen last with Thompson 3
* Permit me next, my lord, to observe a little upon the bones which have been discovered. It is said, which perhaps is saying very far, that these are the skeleton of a man. It is possible indeed it may : but is there any certain known criterion, which incontesta
bly distinguishes the sex in human bones 3 Let it be considered, my lord, whether the ascertaining of this point ought not to precede any attempt to identify them. * The place of their depositum too claims much more attention than is commonly bestowed upon it : for, of all places in the world, none could have mentioned any one, wherein there was greater certainty of finding human bones, than a hermitage ; except he should point out a church-yard : hermitages, in time past, being not only places of religious retirement, but of burial too. And it has scarce or never been heard of, but that every cell, now known, contains, or contained, these relicks of humanity; some mutilated, and some entire. I do not inform, but give me leave to remind your lordship, that here sat solitary sanctity, and here the hermit, or the anchoress, hoped that repose for their bones, when dead, they here enjoyed when living. * All this while, my lord, I am sensible this is known to your lordship, and many in this court, better than I. But it seems necessary to my case, that others, who have not at all, perhaps, adverted to things of this nature, and may have concern in my trial, should be made acquainted with it. Suffer me then, my lord, to produce a few of many evidences, that these cells were used as repositories of the dead, and to enumerate a few, in which human bones have been found, as it happened in this in question ; lest, to some, that accident might seem extraordinary, and, consequently, occasion prejudice. * I. The bones, as was supposed, of the Saxon, St. Dubritius. were discovered buried in his cell at Guy's cliff, near Warwick, as appears from the authority of Sir William Dugdale. • 2. The bones, thought to be those of the anchoress Rosia, were but lately discovered in a cell at Royston, entire, fair, and undecayed, though they must have lain interred for several centuries, as is proved by Dr. Stukely. * 3. But our own country, nay, almost this neighbourhood, supplies another instance: for, in January, 1747, was found by Mr. Stovin, accompanied by a reverend gentleman, the bones, in part, of some recluse, in the cell at Lindholm, near Hatfield. They were believed to be those of William of Lindholm, a hermit, who had long made this cave his habitat 10n. “4. In February, 1744, part of Woburn abbey being pulled down, a large portion of a corpse appeared, even with the flesh on, and which bore cutting with a knife ; though it is certain this had lain above 200 years, and how much longer is doubtful ; for this abbey was founded in 1145, and dissolved in 1538 or 9. * What would have been said, what believed, if this had been an accident to the bones in question ? Further, my lord, it is not yet out of living memory, that a little distance from Knaresborough, in a field, part of the manor of the worthy and patriot Baronet, who does that borough the honour to represent it in parliament, were found, in digging for gravel, not one human skeleton only, but five or six, deposited side by side, with each an urn placed at its head, as your lordship knows was usual in ancient interInnents. * About the same time, and in another field, almost close to this borough, was discovered also, in searching for gravel, another hu
man skeleton ; but the piety of the same worthy gentleman ordered both the pits to be filled up again, commendably unwilling to disturb the dead.
* Is the invention of these bones forgotten, then, or industriously concealed, that the discovery of those in question may appear the more singular and extraordinary : Whereas, in fact, there is nothing extraordinary in it. My Lord, almost every place conceals such remains. In fields, in hills, in highway sides, in commons, lie frequent and unsuspected bones. And our present allotments for rest for the departed, is but of some centuries.
* Another particular seems not to claim a little of your lordship's notice, and that of the gentlemen of the jury; which is, that perhaps no example occurs of more than one skeleton being found in one cell ; and in the cell in question was found but one ; agreeable, in this, to the peculiarity of every other known cell in Britain. Not the invention of one skeleton, then, but of two, would have appeared suspicious and uncommon.
“But then, my lord, to attempt to identify these, when even to identify living men sometimes has proved so difficult, as in the case of Perkin Warbeck and Lambert Symnel at home, and of Don Sebastian abroad, will be looked upon perhaps as an attempt to determine what is indeterminable. And I hope too it will not pass unconsidered here, where gentlemen believe with caution, think with reason, and decide with humanity, what interest the endeavours to do this is calculated to serve in assigning proper personality to those bones, whose particular appropriation can only appear to eternal Omniscience.
* Permit me, my lord, also very humbly to remonstrate, that, as human bones appear to have been the inseparable adjuncts of every cell, even any person’s naming such a place at random as containing them, in this case, shews him rather unfortunate than conscious prescient, and that these attendants on every hermitage only accidentally concurred with this conjecture. A mere casual coincidence of words and things. • But it seems another skeleton has been discovered by some labourer, which was full as confidently averred to be Clark's as this. My Lord, must some of the living, if it promotes some interest, be made answerable for all the bones that earth has concealed, and chance exposed ? And might not a place where bones lay be mentioned by a person by chance, as well as found by a labourer by chance 2 Or, is it more criminal accidentally to name where bones lie, than accidentally to find where they lie : • Here too is a human skull produced, which is fractured ; but was this the cause, or was it the consequence of death ; was it owing
to violence, or was it the effect of
natural decay 2 If it was violence, was that violence before or after death My lord, in May 1732, the remains of William Lord Archbishop of this province were taken up, by permission, in this cathedral, and the bones of the skull were found broken ; yet certainly he died by no violence offered to him alive, that could occasion that fracture there. • Let it be considered, my Hord, that upon the dissolution of religious houses, and the commencement of the Reformation, the ra. vages of those times both affected the living and the dead. In search after imaginary treasures,
* - - - - - --- - - * * * * *
coffins were broken up, graves and vaults dug open, monuments ransack'd, and shrines demolished; your Lordship knows that these violations proceeded so far, as to occasion parliamentary authority to restrain thern ; and it did, about the beginning of the reign o Queen Elizabeth. I entreat your Lordship suffer not the violences, the depredations, and the iniquities of those times to be imputed to this. * Moreover, what gentleman here is ignorant that Knaresborough had a castle ; which, though now a ruin, was once considerable both for its strength and garrison, All know it was vigorously besieged by the arms of the parliament; at which siege, in sailies, conflicts, flights, pursuits, many fell in all the places round it; and where they fell were buried ; for every place, my lord, is burial earth in war; and many, questionless, of these rest yet unknown, whose bones futurity shall discover. * I hope, with all imaginable submission, that what has been said will not be thought impertinent to this indictment ; and that it will be far from the wisdom, the learning, and the integrity of this place, to impute to the living what zeal in its fury may have done ; what nature may have taken off, and piety interred ; or what war alone may have destroyed, alone deposited. • As to the circumstances that have been raked together, I have nothing to observe , but that all circumstances whatsoever are precarious, and have been but too frequently found lamentably fallible ; eventhestrongest have failed. They may rise to the utmost degree of probability; yet are they but probability still. Why need I name to your lordship the two Harrisons recorded in Dr. Howel, whd both suffered on circumstances, because of the sudden disappearance of their lodger, who was in credit, had contracted debts, borrowed money and went off unseen, and returned again a great many years after their execution ? Why name the intricate affair of Jacques du Moulin, under King Charles II. related by a gentleman who was council for the crown 2 and why the unhappy Coleman, who suffered innocent, though convicted upon positive evidence, and whose children perished for want, because the world uncharitably believed the father guilty. Why mention the perjury of Smith, incautiously admitted King's evidence ; who, to screen himself, equally accused Faircloth and Loveday of the murder of Dunn ; the first of whom, in 1749, was executed at Wincester; and Loveday was about to suffer at Reading, had not Smith been proved perjured, to the satisfaction of the court, by the surgeon of the Gosport hospital.
* Now, my lord, having endeavoured to shew that the whole of this process is altogether repugnant to every part of my life ; that it is inconsistent with my condition of health about that time ; that no rational inference can be drawn, that a person is dead who suddenly disappears ; that hermitages were the constant repositories of the bones of the recluse ; that the proofs of this are well authenticated ; that the revolutions in religion, or the fortune of war, has mangled, or buried, the dead ; the conclusion remains, perhaps, no less reasonably than impatiently wished for. I, last, after a year's confinement,equal to either fortune, put myself upon the candour, the justice and the humanity of your lordship, and upon yours, my countrymen,gentlemen of the jury.” The Judge declared that the reasoning of Aram was the strongest he had ever met with, but that it could not avail against direct and positive evidence. He was tried on the 3d of August, 1759.
Omnibus, qui patriam conservarint, adjuverint, auxerint, certum esse in celo definitum
focum, ubi beati avo sempiterno fruantur.
Nihil est enim illi principi Deo, qui
omnem hunc mundum regit, quod guidem in terris fiat, acceptius, quam concilia
cetusque hominum, jure sociati-C1c.
I shall not be suspected of having borrowed the lesson from antiquity, when I say, that to live according to the law of his being is the glory of every rational mind. Indeed, we are taught this lesson by our own experience, as well as by volumes of philosophy. If we look around us, and survey the sublime objects of nature, we shall find that they all obey that primitive rule, which was imparted to them by their divine author. “If,”
Wol. III. No. 9. 3M
guishing faintness, begin to stand and to rest himself; if the moon should wander from her beaten course, the times and seasons of the year blend themselves by disordered and confused mixture, the winds breathe out their last gas the clouds yield no rain, the earth be defeated of heavenly influence, the fruits of the earth pine away, as children at the withered breasts of their mother, no longer able, to yield them relief; what would become of man himself, whom these things do now all serve 7" Where would empires and communities exist, and where would man find rest to his weary feet, if he should forget, and they should cease to obey, those laws, which regulate the conduct of beings superiour and subordinate The principles of these laws flow from the fountains of nature and philosophy ; and the study of them expands the powers of the intellect, while it gives life and activity to the wirtues of the heart. Ancient lawgivers enlisted poetry and musick in the civilization of society, and in extending the influence of the laws. In the early stages of Grecian history the judicial codes were expressed in verse and adapted to musick. Let us not however suppose, that the science of jurisprudence lost any of its dignity by the use of verse and song, since there was a time, according to Plutarch, “when even history, o every action and passion, which required grave or serious discussion, was written in poetry and adapted to musick. The praises of their gods, their prayers and thanksgivings after victory, were all composed in verse, some through the love of harmony, and some through custom.” The laws of Charondas were sung at the banquets of the Athenians; and the youth of Crete
committed their laws to memory “with accompaniments of music melody, in order that, by the enchantment of harmony, the sentiments might be more forcibly impressed on their minds.” . I do not wonder then, that Plato in his epublick should commendmusick, and that in his enthusiasm, he should declare, “that education, so far as it respected the mind, consisted in harmony.” . . . It was an elegant and just remark of the Roman orator, that the sciences are associated together and delight in each other's company. Their harmonious intercourse resembles the dance of the Muses round the altar of Jupiter. The law claims kindred with the noblest of the sciences, and even aspires to an alliance with our divine religion. Both flow from the same source, and both promote the felicity of those beings, on which they jointly operate. They unite to impose restraint on the injustice of men, but in different modes : the one by the silent but powerful operations of conscience ; the other by the machinery of the civil power. The laws of human society would confessedly be imperfect without the aid of religion, whose voice, though uttered in whispers, is heard in the morning and in the evening, by day and by night, in the retirement of domestick life, and in the intercourse of civil society. . . bis favourite science must like every other, sit at the feet o religion, and own its obligations to her sacred instruction. To the votaries of christianity are we indebted for the preservation of what little science gleamed through the long night, in which the moral world was for centuries inveloped. To them are we indebted for the discovery and preservation of the Institutes of Justinian, and the