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AUTHOR: 
 
 TITLE : 
 
 GROOME , 
 
 REV.JOHN HINDES 
 AN APPEAL TO THE 
 FREEMEN .... 
 
 PLA CE : 
 
 [LONDON] 
 
 DA TE : 
 
 1812 
 
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 j;Groome, Rev. John Hindes3 
 
 Arr eal to the freemen of the borough of Aide- ' 
 burgh in. ••Suffolk frooi a late decision of the bailiffs * 
 
 and capital burgesses. •. j 
 
 [London j 1812. D. 91p. 
 
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/ J.. ■ 1 -: 
 
 \ 
 
 AN 
 
 APPEAL 
 
 TO 
 
 THE FREEMEN 
 
 OF THE 
 
 BOROUGH OF ALDEBURGH, 
 
 IN THE 
 
 COUNTY OF SUFFOLK, 
 
 IfROM 
 
 A LATE DECISION 
 
 
 ' 1 1 
 
 .M t 
 
 \ i! 
 
 OP 
 
 cue ismm anD capital T5urge«gc0 
 
 OF THE SAME BOROUGH- 
 
 II f 
 
 1812. 
 
 II 
 
U>' 
 
 TO 
 
 THE FREEMEN 
 
 OF THE 
 
 BOROUGH OF ALDEBURGH, 
 
 ''\ 
 
 .■4 
 
 GENTLEMEN, 
 
 My presuming to trouble 
 you with the individual concerns of one of your 
 Body needs some explanation ; and I trust 
 that what I have now to offer, will not only be 
 deemed a sufficient one, but will also induce 
 you to peruse the following pages with atten- 
 tion, and cause those amongst you who are 
 non-residents, to reflect whether you can con- 
 scientiously lend yourselves to a system, that 
 goes to the total disfranchisement of the inha- 
 bitanu of Aldeburgh, who are the only natural 
 heirs of those rights and privileges, which 
 
 r 
 
 : 
 
 ■ t 
 
 . I 
 
 I 
 
 11 
 
 Ml 
 
 
were granted to their ancestors by the various 
 charters of the borough. 
 
 To put you in possession of the facts, to 
 which I owe (at least) a temporary amoval from 
 my office of capital burgess, I must refer you 
 to the particulars contained in the charge and 
 defence, ^llow me here to state, that as the 
 charge, with its accompanying proofs, was 
 made in an open court, and as the Recorder 
 decided, (properly and legally), that such a pro. 
 ceeding was irregular, and that he could not 
 permit an open court for my defence, I have 
 only this means left me to offer to the freemen 
 of the borough, and to my particular friends, 
 that justification of my conduct, which I had 
 mtended to have made in their hearing, but 
 which the decision above alluded to prevented. 
 
 I have the honour to remain, 
 
 GENTLEMEN, 
 
 Your obedient and humble servant, 
 
 J. H. GROOME. 
 Jan, 29th, 1812. 
 
 PRELIMINARY PROCEEDINGS. 
 
 From some communications made to me 
 by several of my friends at Aldeburgh, I 
 was induced to go there on the morning 
 of the 6th of January. About half past 
 one o'clock I was served with the fol- 
 lowing notice : 
 
 « To tlieRev. John Hindes Groome: 
 
 " You are hereby summoned as one of 
 " the capital Burgesses of the Borough 
 « of Aldeburgh, in the County of Suf- 
 « folk, personally to appear and be 
 « at an Assembly, to be holden this day. 
 " being the sixth day of January, 1812, 
 « between the hours of two and three 
 « o'clock in the afternoon, at the Town- 
 , « hall of the said Borough, in order to 
 
 *- 
 
>\- 
 
 8 
 
 *' amove* a capital Burgess, and to elect 
 *' capital Burgesses; and further, to do 
 " and transact such matters and things 
 *' as shall then and there be thought 
 *' necessary for the good government 
 " of the said borough. Given under 
 " our hands this sixth day of January, 
 " in the year of our Lord one thou^ 
 " sand eight hundred and twelve. 
 '* P. C. Cresfigny,"> 
 " J. Neeve, j ^^^^^^*- 
 
 « To WilJiam Laughton and John Osborne, 
 " Serjeants at mace of the said borough' 
 " or either of them, for the due execution 
 *' hereof." 
 
 ' ** 
 
 Mr. Lovctt, on the hearing of my defence, said, 
 that th.3 word had no reference to my amoval, but to 
 9. resignation. How the word « to amove" can be 
 twisted so as to signify " to resign," I cannot, I confess 
 «ee. In point of fact, however, no resignation did' 
 take place on that day. 
 
 " Gnossius h«c Rhadamanthus habet durissima regiia 
 Castigatquc auditque dolos." 
 
 The poet describes the practice of this severe judge 
 to have been in this order: first, " he punisheth, and 
 
 then he heareth." This is not according to the 
 spintofthe British Constitution. 
 
 In pursuance of this notice I attended 
 the meeting, and desired the town-clerk 
 to give me the assembly-book. This was 
 at first objected to by Mr. C. Crespigny 
 (for what reason I cannot now even guess), 
 but it was afterwards given to me, when 
 I observed, that at a court held the pre- 
 ceding Saturday, January the 4th, Henry 
 Muller, Esq. had been elected and sworn 
 a capital burgess in the room of Michael 
 Barfoot, deceased; the resignation of 
 their offices of capital burgess had been 
 accepted from Richard Scott, Esq. and 
 George Champion Crespigny, Esq.; 
 
 Henry William Lovett, Kensington, 
 
 and Copeland Jones, Esqrs. had been 
 
 elected and sworn into the offices of in- 
 ferior burgesses, and a number of non- 
 resident freemen elected, some of whom 
 
 were sworn. 
 
 At this period of the business I pro- 
 tested against the legality of their in- 
 tended proceedings, from my belief and 
 
 i 
 
 If 
 
^ 
 
 10 
 
 opinion, that the present bailiffs, although 
 bailiffs de facto, were not so de jure. 
 This protest not being attended to, the 
 business of the court proceeded; and, 
 after passing two bye-laws; one, restrict- 
 ing the future admission of persons 
 claiming their freedom from servitude; 
 and another, imposing a fine of five 
 pounds upon every person who shall here- 
 after be admitted to the freedom of the 
 borough, Messrs. Kensington and Jones 
 were proposed, elected, and sworn into 
 the offices of capital burgesses, in the 
 room of Messrs. Scott and Crespigny, 
 resigned. 
 
 The court then consisted of the fol- 
 lowing members : 
 
 P. C. Crespigny, Esq. 
 J. Neeve, 
 
 E. ToKEii, Esq. j„3ji^^ 
 
 J. H. Groom E, Clerk, 
 
 Wm. de Crespigny, Esq. I ^^P^^^^ 
 r V n T^ I burgesses. 
 
 L.. 1*. Crespigny, Esq. ^ 
 
 ] 
 
 Bailiffs. 
 
 11 
 
 H. MuLLER, Esq. "^ (.gj,;tai 
 
 Kensington, Esq. rsurgesses. 
 CoPELAND Jones, Esq.) 
 
 The absentees were, Sir John Keene 
 Bart., Stafford Squire Baxter, and Bar- 
 tholomew Long, Esqrs. 
 
 Mr. C. Crespigny now proposed, that 
 it should be an open court. To this 
 objected, not from any personal feeling, 
 but from my opinion, that to make an 
 open court of a court of common council, 
 held for an especial purpose and accord- 
 ino- to particular summons, was incorrect. 
 This was, however, overruled ; the door 
 was thrown open, and several persons 
 came in : amongst the rest Mr. Lovett, 
 who made his charge and complaint in 
 the following manner, as appears by the 
 record subsequently sent to me by the 
 
 town-clerk. 
 
 « At this court Cometh Henry William 
 Lovett, Esq. and exhibiteth a charge and 
 
 ) 
 
 M 
 
 \Vli 
 
 
 v'^l 
 
 . I 
 
If 
 
 information against John Hindes Groome, 
 clerk, one of the capital burgesses of the 
 borough of Aldeburgh, for that he, 
 being a capital burge-ss of the said bo- 
 rough, did write, and send to one John 
 Barnard, deceased, a certain letter, bear- 
 ing date December 19th, 1806, and that 
 he, being such capital burgess as afore- 
 said, did write and send to the said John 
 Barnard a certain other letter, bearino- 
 date March Sd, 1807; by which said 
 letters he did, against his duty and 
 oath as such capital burgess as aforesaid, 
 and to the prejudice of the public good 
 of the said borough, corruptly propose 
 and offer to sell, barter, and resign his 
 office of capital burgess as aforesaid, for 
 and in consideration of receiving an 
 ecclesiastical living or benefice in lieu of, 
 and in exchange for, his said office.' 
 And whereas, at the said assembly held 
 as aforesaid, a further information and 
 charge were exhibited to the said as- 
 
 IS 
 
 sembly against him, that he, being a 
 capital burgess as aforesaid, and a free- 
 man of the said borough, at an assembly 
 of one of the last bailiffs and others of 
 the common council of the said borough, 
 held, pursuant to public summons, at the 
 town-hall in and for the said borough, 
 on Wednesday, the second day of 
 October, now last past, for the purpose 
 of administering the oaths of office to 
 one of the bailiffs and other annual 
 officers elect of the said borough, did, 
 against his respective duties and oaths 
 as such capital burgess and freeman as 
 aforesaid, and to the prejudice of the 
 public good of the said borough, and 
 minding and intending to hurt, prejudice, 
 and injure the said borough, desire, ad- 
 vise, enjoin, and exhort the said bailiflt' 
 elect, and other annual officers, not to 
 take or swear the oaths relating or ap- 
 pertaining to their several and respective 
 offices in the said borough ; and that be 
 
 
 ^H 
 
I - 
 
 14 
 
 further, at the said last-mentioned as- 
 sembly, after the said bailiff elect, and 
 other annual officers, had taken and 
 sworn the said oaths, did, against his 
 respective duties and oaths, as such 
 capital burgess and freeman as aforesaid, 
 and to the prejudice of the public good 
 of the said borough, and minding and 
 intending as aforesaid, desire, advise, 
 enjoin, exhort, and charge the said last- 
 mentioned bailifj; and the said officers, 
 at their peril, not to do, execute, or dis- 
 charge any of the duties of their said 
 several and respective offices ; and that 
 he further, at the last-mentioned as- 
 sembly, did, against his respective duties 
 and oaths as such capital burgess and 
 freeman as aforesaid, and minding and 
 intending as aforesaid, publicly, and in 
 the presence and hearing of the said last- 
 mentioned assembly, declare in and from 
 his place on the bench of the bailiffs 
 and capital burgesses of the said borough, 
 
 15 
 
 that the said proceedings were illegal, 
 void, and of no effect; and that the 
 charter of the corporation of the said 
 borough was forfeited by the said cor- 
 poration, and was no longer in force or 
 authority in the said borough." 
 
 Mr. Lovett having read the above 
 charge and information, he was desired 
 to read his proofs ; upon Avhich he read 
 the two following letters : 
 
 «' Ipswich, December ipth, 1806. 
 
 «' DEAR SIR, '. 
 
 «' After you left Pramhng- 
 ham, my sister informed me, that in a con- 
 versation which. she had with you, you re- 
 commended my resigning my tzcelveship at 
 Aldbro'. Now, in answer to this, I beg leaver 
 to make a few observations. 
 
 " Early in the spring I wrote to Sir Claude 
 de Crespigny a letter, in which I said, " that 
 the recent death of Mr. Pitt (to whom, how- 
 ever I was bound by no single tye, but that 
 of inclination), the complete alteration of 
 affairs in the borough, and the death both of 
 
 r 
 
 
 ii 
 
 ^ M 
 
 * \\ 
 
16 
 
 Bunniss and his son, having altogether totally 
 changed the circumstances of the place, I felt 
 i«3'self at liberty, and had also the wish to 
 enter into a full discussion with hin,, upon 
 the question of Aldbro', both in relation to 
 what had past, as also with respect to the 
 future .nterests of Aldbro'. In regard to the 
 former I told him, and told him trul,, that I 
 beheved I could explain some particulars, of 
 
 wh.chhe.had not the slightest conception: 
 and wuh respect to the latter, I hinted, 
 that I thought it very probable that we 
 nnght enter into a reciprocity of good ser- 
 
 " To this letter I never received any answer • 
 but upon this circumstance I shall make no 
 comment, as I well know the ingenuity of 
 certam people contrived to saddle me with 
 he whole weight of that opposition to which 
 I was only a party. As, however. Sir Claude, 
 or reasons, I suppose, powerful in his opinion 
 refused to meet my advances towards an ac- 
 commodation, you can hardly suppose I shall 
 take a step so materially in favour of their 
 interests at Aldbro', as a resignation of the 
 
 .nterest/3till possess there. Without LL 
 Kina oi compensation." 
 
 17 
 
 <' The proposal I have to make is, ' that 1 
 will resign niy twelveship, and my uncle 
 Hindes, who has authorized me to use his 
 name, will resign his inferior fewrgessAtp, upon 
 the conditions, that Sir Claude, or the fa- 
 inily, procure for me the presentation to a 
 small living, of the value of 100/. per annum, 
 which is expected to be soon vacant, and 
 which is in the gift of the Lord Chancellor/ 
 « Whether Sir Claude will think it worth his 
 while to do away the possibility of future op- 
 position, by means so easy, must remain with 
 himself to decide ; but if you will make the 
 proposal to him, you will be adding to the 
 obligations you have before conferred upon 
 
 me and my family." 
 
 <' I left Framlingham on Wednesday, when 
 all my friends were well, if I except my sister, 
 who had a slight attack of rheumatism. My 
 uncle is quite well, joins in best respects to 
 you and Mrs. Barnard, with, 
 
 " DEAR SIR, 
 
 " Yours very sincerely, 
 
 J. H, GROOME.'' 
 •* Mr. Barnard, No. 11, College 
 Street, IVtstminster:' 
 
 B 
 
V 
 
 III 
 
 18 
 
 " Framlingham, 3d March, I8O7,. 
 
 " SIR, 
 
 " In answer to your letter of 
 the 25th ult. I now write to inform you, that 
 lithe family y to whom I requested you to make 
 proposals in December last, will procure me 
 the presentation to a living of the amount 
 before mentioned, tenable with my advowson 
 of Earl-Soham, and will give such presentation 
 into the hands of yourself, Mr. Long, or any 
 other person they may appoint, there shall, at 
 the time of my receiving it, be given in ex- 
 change the resignation of the respective offices 
 that myself, my uncle, and Mr. Wyatt, hold 
 in the borough of A." 
 
 " The living which I alluded to in my last 
 letter, is the Rectory of Stratford St. Andrew, 
 near Saxmundham, the present incumbent of 
 ^hich lies in a very deplorable state of de- 
 bility and insanity. How long he may linger 
 it is impossible to guess : at the time I wrote 
 it was supposed he could not live many weeks : 
 he is at present somewhat revived. This liv- 
 ing, however, I only mention as the one most 
 likely to fall within my knowledge; but if 
 
 19 
 
 any other of the satnfe value was -procured, 
 tenable with Earl-Soham, it would be the same 
 to me; and I believe that is the case with 
 any in the diocese of Norwich." 
 
 " The Rector of Holton, near Halesworth, 
 died about a fortnight since. This living, 
 which is in the gift of the Lord Chancellor, 
 (as is also Stratford), is probably disposed of: 
 should it not, and the family would procure it 
 
 for me, there would be no delay on our part. 
 
 Mrs Wyatt, I believe, has written to Mrs. 
 
 Barnard, by Mr. Poole ; and Mrs. Groom^ 
 
 joins in compliments to her and yourself, with 
 " Your very humble servant, 
 
 (Signed) J. H. GROOME." 
 
 " Mr. Barnard, No. 11, College 
 Street, Westminster." 
 
 ) 
 
 It was then immediately voted, with- 
 out any argument or consultation, and 
 in the presence of the said William 
 Henry Lovett and others, that this 
 charge and information, with the two 
 letters addressed to Mr. Barnard, should 
 
 h 
 
 '\ 
 
V 
 
 20 
 
 be recorded ; that the capital burgesses 
 should be summoned to attend in their 
 places, on Thursday, the 16th of January, 
 1812; and that a notice should be served 
 upon me to show cause, on that day, 
 why I should not be amoved from my 
 office of capital burgess, and deprived 
 of my freedom of the borough of Alde- 
 burgh. The notice, which had been 
 previously prepared, was then produced 
 by the town-clerk, signed by the bailiffs 
 and immediately served upon me ; copies 
 also of my letters to Mr. Barnard were 
 given to me, and the meeting was dis- 
 solved. 
 
 Proceedings on ike 16th of January. 
 
 The court assembled about II o'clock : 
 there were present 
 
 P. C. Crespigny, Esq. ^ 
 
 J. Neev£, j Bailiffs. 
 
 Capital 
 Burgesses. 
 
 21 
 
 James Mingay, Esq. Recorder. 
 
 E. ToKEE, Esq. Justice. 
 
 J. H. Groome, Clerk. 
 
 C. F. Crespigny, Esq. 
 
 B. Long, Esq. 
 
 H. MuLLER, Esq. 
 
 Kensington, Esq. 
 
 CoPELAND Jones, Esq. 
 
 The absentees were. Sir John Keene, 
 Bart., Stafford Squire Baxter, Esq. and 
 William de Crespigny, Esq. 
 
 The Recorder having, for the reasons 
 before stated, decided that it could not 
 be an open court, gave a charge to the 
 bailiffs and other members of the cora- 
 mon-councH present, and Henry William 
 Lovett was summoned to prefer his 
 charge and information, and Henry 
 Jerm°yn, Esq. and Mr. White, the de- 
 fendant's counsel and solicitor, were also 
 admitted. Mr. Lovett repeated the same 
 char-e, and adduced the same proofs 
 (vi J the two letters to Mr. Barnard), 
 
 
20 
 
 be recorded; that the capital burgesses 
 should be summoned to attend in their 
 places, on Thursday, the l6th of January, 
 1812; and that a notice should be served 
 upon me to show cause, on that day, 
 why I should not be amoved from my 
 office of capital burgess, and deprived 
 of my freedom of the borough of Alde- 
 burgh. The notice, which had been 
 previously prepared, was then produced 
 by the town-clerk, signed by the bailiffs, 
 and immediately served upon me; copies 
 also of my letters to Mr. Barnard were 
 given to me, and the meeting was dis- 
 solved. 
 
 Proceedings on the 16 th of January. 
 
 The court assembled about 1 1 o'clock : 
 there were present 
 
 P. C. Crespigny, Esq. ^ 
 ' J. Neev£, ] Bailiffs. 
 
 Capital 
 Burgesses. 
 
 21 
 
 James Mingay, Esq. Recorder. 
 
 E. ToKER, Esq. Justice, 
 
 J. H. Groome, Clerk. 
 
 C. F. Crespigny, Esq. 
 
 B. Long, Esq. 
 
 H. MuLLER, Esq. 
 
 Kensington, Esq. 
 
 CoPELAND Jones, Esq. 
 
 The absentees were, Sir John Keene, 
 Bart., Stafford Squire Baxter, Esq. and 
 William de Crespigny, Esq. 
 
 The Recorder having, for the reasons 
 before stated, decided that it could not 
 be an open court, gave a charge to the 
 bailiffs and other members of the com- 
 mon-councH present, and Henry William 
 Lovett was summoned to prefer his 
 charge and information, and Henry 
 JernTyn, Esq. and Mr. White, the de- 
 fendant's counsel and solicitor, were also 
 admitted. Mr. Lovett repeated the same 
 charge, and adduced the same proofs 
 (viz.° the two letters to Mr. Barnard), 
 
that had been received on the sixth ; and 
 the defendant, having advised with his 
 counsel, entered upon the following de- 
 fence, admitting the letters to be his 
 hand-writing. 
 
 THE DEFENCE. 
 
 GENTLEMEN, 
 
 The very extraordinary, and, I will not 
 conceal from you, the very painful cir- 
 cumstances under which I am placed, 
 call upon me to claim your patient and 
 serious attention, whilst I endeavour to 
 rebut the severe and heavy charges that 
 are brought against me, and to convince 
 you, that I have full and sufficient cause 
 to show why I should not be amoved 
 from my office of capital burgess of the 
 borough of Aldeburgh, or deprived of 
 my freedom of the said borough. Be- 
 fore, Gentlemen, I enter upon the parti- 
 
 23 
 
 cular defence of my conduct as a capital 
 burgess, I will recapitulate some part of 
 it, as it connects itself with the charges 
 which I am this day called upon to 
 answer. The circumstances, the motives, 
 and the influencing causes that led to a 
 separation of my family from that of 
 Mr. Crespigny, I shall not now dwell 
 upon ; they have no relation to the pre- 
 sent charges, and would lead me into a 
 detail, that might, perhaps, prevent your 
 lending that serious attention, which I 
 claim,°to other more important parts of 
 my defence. Whatever these circum- 
 stances or causes might be, the effect 
 was, that it associated me with the in- 
 terests of a great and deservedly lamented 
 character. The events of the contest of 
 1799, the reunion of the late Mr. Cres- 
 pigny to his Aldbro' connexions, and 
 many other particulars, fresh, I have no 
 doubt, in the recollection of some who 
 hear me, it is not now necessary to enlarge 
 
24 
 
 upon; suffice it to observe, that the effect 
 produced upon my mind, was perfect 
 disgust at borough politics, and a deterr 
 mination never to concern myself again 
 respecting them. The deaths of my dear 
 and lamented parents had, previously to 
 this determination, induced me to dispose 
 of the property I inherited in this place, 
 which I HAD quitted; and, in point of 
 fact*, for several years I absented myself 
 
 ♦ This voluntary absenting myself from the duties 
 I had undertaken to perform, needs some apology. 
 The fact is, that I did not think that my attendance 
 could effect one single alteration in the affairs of the 
 burgh, since all influence, of every sort and kind, 
 seemed to be centered in the family of the Crespignys ;' 
 whose personal rights to the burgh, the inhabitants, by 
 their tacit consent and perfect apathy, appeared fully 
 to have recognised. With respect to the personal 
 obligation to attend to my official duty, perhaps it 
 may be admitted, that I was not at that time per- 
 fectly aware of the precise nature of it; and the 
 constant and long standing example of the great 
 majority of the capital burgesses, who, from not 
 
 25 
 
 from all the assemblies and other meetings 
 of the corporation, with the concerns of 
 which I never interfered. The autumn 
 of 1805, and the following spring, were, 
 however, productive of such events, as 
 to create anew in my mind a strong de- 
 sire to effect an accommodation with the 
 family of the Crespignys, and produced 
 that letter to Sir Claude de Crespigny, 
 which I alluded to in the first of those 
 letters which form the ground-work of 
 one of the offences with which I am 
 charged. The events to which I allude, 
 were the death of the great man before 
 referred to ; the deaths of Mr. Crespigny 
 and the two Bunnisses, As no notice 
 was taken of an offer made with every 
 feeling of sincerity, I again returned to 
 
 residing within the burgh, seldom attended to its 
 concerns, materially tended to confirm the opinion I 
 entertained^ that it was a mere matter of personal 
 choice whether 1 attended or not. 
 
\ 
 
 i& 
 
 my lately abandoned resolution of not 
 
 disturbing myself about the politics of 
 Aldbro', nor perhaps should I ever agaia 
 have done so, had not an election in the 
 autumn of 1806 brought down the late 
 Mr. John Barnard to Aldbro'. This Mr. 
 Barnard, Gentlemen, had for many, many 
 years, been the confidential friend of 
 almost every part of my family : he was 
 entrusted with the management of all 
 our funded property ; and although a 
 difference of opinion had taken place 
 between us, upon our separating from 
 the family of Crespigny, yet that private 
 confidence was continued, nor did we 
 even cease to regard him as our personal 
 friend and well-wisher. Nor is this all : 
 this same Mr. Barnard was also the con- 
 fidential friend and agent of the family 
 of the Crespignys : nay, even before that 
 family had been introduced into the 
 borough, he had possessed the confidence 
 of their predecessors and relations, the 
 
 !&-■ 
 
 K 
 
 Fonereaus. During that great length of 
 time, it had been a very common practice 
 for many of the inhabitants of Aldbro' 
 to apply to those families, viz. Fonereaus 
 and Crespignys, through the medium of 
 Mr. Barnard; and in the present instance 
 I considered him, as in fact he was, the 
 accredited agent of the family of Cres- 
 pigny, as well as my own private friend. 
 Thus, then, the family of the Crespignys 
 are as much implicated as myself in 
 this supposed offence ; since they were 
 the abettors of that very proposal, to 
 which I shall soon have to call your 
 attention. These, Gentlemen, are well 
 known facts to many; and I can but 
 think particularly so to one of your 
 common-council, our late town-clerk, 
 who was ever the intimate and con- 
 fidential friend of the late Mr. Barnard*. 
 
 * Mr. Long informed me, at the time of my de- 
 livering this defence, that, in point of fact, he had not 
 heard of the circumstance till some time after it had 
 taken place. 
 
/ 
 
 ( 
 
 f9 
 
 The mutual feeling of friendship which 
 existed between my family and Mr. 
 Barnard, rendered it to me a matter of 
 no surprise, that on his return from 
 Aldbro' to London, he, accompanied by 
 his wife, should pay a visit to my sister 
 at Framlingham. Whilst Mr. Barnard 
 continued at Framlingham (a period of 
 a day and night, as I believe), we had no 
 conversation respecting Aldbro'; it was 
 by no means a grateful subject, and was 
 consequently avoided : but, soon after 
 Mr. Barnard left Framlingham, my sister 
 informed me of the particulars of a con- 
 versation she had had with him upon that 
 subject, one of which was a recommenda- 
 tion, that I should resign my office of 
 capital burgess. Gentlemen, at tliat 
 period I felt myself perfectly insulated 
 from any connexion of any sort or kind 
 whatever, of a political nature, in the 
 borough of Aldbro': no one's interests, 
 did I conceive, could be possibly affected 
 by any determination of mine : every tie 
 
 29 
 
 that had heretofore bound me, appeared 
 snapped, and every door to accommoda- 
 tion shut. Mr. Barnard I considered as 
 a staunch and confidential friend; and 
 with that spirit of confidence, which I 
 trust in God will ever subsist, but which 
 disclosures, like the one to which I owe 
 the present charge, seem fated to do 
 away, T wrote to him the first letter, 
 dated Ipswich, December the 19th, I8O6. 
 I say. Gentlemen, I wrote this letter in 
 confidence : but I will not deny, that I 
 should have written it, even had 1 not 
 conceived that Mr. Barnard was our 
 confidential friend ; for, upon my most 
 sacred oath, I could conscientiously 
 affirm, that I did not for a moment con- 
 ceive that I was committing myself to a 
 proposal that rendered me guilty of any 
 act contrary to my duty and oath as a 
 capital burgess, or that needed the safe 
 veil of secrecy. The act of resignation 
 I considered ^s totally distinct from any 
 
so 
 
 of the duties I had upon oath under^ 
 taken to perform whilst I held the office. 
 The weight, however, of this argument I 
 shall not insist upon in this place, as I 
 want, previous to that part of my de- 
 fence, to put you in possession of the 
 whole of the transactions which have 
 occasioned this public arraignment of 
 my conduct as a capital burgess. The 
 letter of the 19th of December, 1806, 
 produced an answer from Mr. Barnard, 
 in which he informed me, that he had 
 communicated my proposal to the family 
 of the Crespignys ; and he was authorized 
 to say, that if I, my uncle, and Mr. 
 Wyatt, would resign the offices we re- 
 spectively held in the borough of Aldbro', 
 my wishes should afterwards be com- 
 plied with. The manner of this answer 
 was disgusting, but still it increased my 
 wish to do away all connexion with 
 borough-faction ; and feeling, as before, 
 the extinction of all claim, and the per- 
 
 31 
 
 feet propriety of the offer, I was Induced 
 to write the letter dated Framlingham, 
 March the 3d, 1807. To this letter I 
 received an answer, that the family ad- 
 hered to the resolution contained in his 
 last. Here all communication ceased ; 
 and, in point of fact, Mr. Barnard died 
 within three days of his last writing to 
 me. That letter was, as his widow has 
 since informed me, the last he ever 
 wrote*. And now, Gentlemen, before I 
 enter upon the second ofFeuce, as it is 
 termed, with which I am charged, per- 
 mit me to offer to your attention a few 
 observations upon the one, the circum- 
 
 * I have since been informed, by authority upon 
 which I can rely, that the promise of the living was in 
 fact procured ; and that this negotiation, which was 
 retarded by the point at issue between us, whether our 
 resignations should take place of the presentation, 
 would certainly have been completed, had not the 
 deaUi of iMr. ^^'^''^^rd prevented all future e>;pla- 
 nation. 
 
32 
 
 stances connected with which I have 
 just introduced to your notice. That 
 the offer to resign an office upon any 
 conditions whatever can be construed 
 into a corrupt act, contrary to the duties 
 and oath of the person entrusted with 
 that office, is a position I cannot enter- 
 tain for a moment; nor will any autho- 
 rity short of the verdict of an impartial 
 jury, or the determination of the uprio-ht 
 bench of judges with which this land is 
 blessed, ever convince me that I have 
 formed an erroneous opinion. Read, 
 Gentlem vh, the oath of office*; see if 
 
 * OATH OF A CAPITAL BURGESS. 
 
 ** You shall bear faithful and true allegiance to 
 our sovereign lord the king, his heirs and lawful 
 successors: you shall, to the utmost of your power, 
 uphold, maintain, and keep all and singular the 
 liberties and privileges of this burgh : you shall not 
 do, nor suffer to be done, any thing that may tend to 
 the prejudice, hurt, or scandal of your fellow brethren, 
 nor of this burgh ; but so soon as you shall know and 
 
 53 
 
 the tenour of it accords with my accuser's 
 
 hear of any such matters, forthwith to discover and 
 disclose the same to the bailiffs, or one of them, for 
 the time being : and you shall be aiding and assisting, 
 and counselling, to the best of your power, skill, and 
 knowledge, to the bailiffs, or others your fellows, and 
 free burgesses of this town, in all things you are able 
 to do for the good of the common weal within the 
 same: and do all things else that appertain to the 
 office of a capital burgess." 
 
 It is evident that the whole bearing of this oath is 
 durante officio. Mr. Lovett, in his reply, insisted 
 much upon the injury and scandal attached to the 
 offer of resignation. What injury the burgh could 
 sustain by an offer to resign an office into t. hands of 
 the bailiffs and common-council, who had tl jower 
 of accepting or refusing it ; and, in the former case, of 
 filling up the vacancy at their own discretion, remains 
 yet to be proved. 
 
 Again — Mr. Lovett insisted, that it was publicly 
 offering an office of trust to sale. That I can ever 
 succeed in convincing Mr. Lovett, that such a propo- 
 sition, as attached to a corporate office, is legal, I do 
 not for a moment suspect : but, with respect to the 
 offer I confess to have made, be it remarked, that 
 although Mr. Lovett asserted that it was public, yet 
 
 III 
 
 \ •! 
 
/ 
 
 34 
 
 assertion. Superfluous would it be for 
 me to remind you*, that all personal, 
 partial, or interested motives should be 
 laid aside on an occasion so grave as the 
 present. However, Gentlemen, we may 
 contend for parliamentary or local in- 
 fluence ; yet I cannot bring myself to 
 believe, that when, upon your sacred 
 oaths, you are called upon to assist the 
 
 he himself acknowledged the whole was a confidential 
 proceeding. Corruption and scandal are the watch- 
 words of the day ; and much do I wish that no better 
 grounds could be found for such charges, than the 
 offer which I confidentially made, five or six years 
 since, to a private friend, to resign the office of capital 
 burgess of the burgh of Aldeburgh. 
 
 * This advice must have been perfectly superfluous; 
 since, of seven capital burgesses who voted for the 
 amoval of the author of this Address, three had been 
 elected members of the corporation within the pre- 
 ceding week ; and the other four were Messrs. Philip 
 and Charles Crespigny, their brother-in-law Mr. 
 Toker, and their impartial and independent friend 
 Mr. Neeve, heretofore master of the White Lion Inn. 
 
 1' 
 
 35 
 
 venerable* magistracy of this ancient 
 borough with your best counsel and 
 advice, you will not look at men, but 
 measures ; you will not act contrary to 
 your oath and conscience, but that, in 
 conformity with both, you will give 
 your opinion accordingly. 
 
 Gentlemen, the resignation of a cor- 
 porate office for a valuable considera- 
 tion, is no anomaly in borough records; 
 
 * The ten capital burgesses are of the common- 
 council of the burgh, by the constitution of the Char- 
 ters both of James and Charles, which are nearly 
 verbatim alike, except that the latter is extended by 
 the incorporation of a free-school. It might, by the 
 bye, be a question worthy the research of some anti- 
 quary, to endeavour to discover what has become of 
 this same school, with its probable endowments. An 
 inquiry of this sort might lead to a discovery, whether 
 the total loss of all these benefits and privileges is 
 owing to the destructive ravages of the sea, or to any 
 other cause. It has been suggested, that, probably, 
 the records of the Manor might throw some light upon 
 a subject so peculiarly interesting. 
 
 If 
 
 . I 
 
 f^ ^ eM- 
 
w 
 
 36 
 
 in many corporations it is an acknow- 
 ledged principle : in the corporation 
 of Norwich, an alderman resigning his 
 gown has often a pension of fifty 
 pounds for life. Parva componere mag- 
 nis, Gentlemen, the same principle is 
 recognized in the laws, or rather, per- 
 haps, in the customs of States, many of 
 which, by public treaty, have changed 
 hands for a valuable consideration : nor 
 has the Prince, or Potentate of such State, 
 ever been accused of acting contrary to 
 the duty and oath by which he bound 
 himself to maintain the laws and liberties 
 of his country, although the policy of 
 his conduct may have been questioned. 
 The late Margrave of Anspach is a re- 
 cent and well-known instance of this 
 sort. The duties and oath. Gentlemen, 
 in all cases are only binding duraiite 
 officio; nor can any proposal, that has not 
 in contemplation an act under that cir- 
 cumstance, be made a matter of just 
 
 37 
 
 accusation against the person proposing 
 it. Thus much for the opinion I enter- 
 tain respecting the difference of a pro- 
 posal to resign an office for a valuable 
 consideration, and an ofier to do any act 
 of office for a similar motive. Respect- 
 ing, Gentlemen, that offence of which I 
 am individually accused, you will not, I 
 am sure, fail to notice, that no act was 
 positively committed, no bargain actually 
 concluded; an hypothetical ^\if' intro- 
 duces every sentence; all is mere intention 
 and wish; the gold of corruption, if so my 
 accuser will have it, never entered my 
 hand, nor is there, in this part of the 
 charge, a single overt act committed, 
 that can, as I contend, be brought as 
 matter of just accusation against me. 
 It may, perhaps, be insisted upon, in ar- 
 gument, that intention is clearly proved ; 
 that I would have resigned had my pro- 
 posals been complied with. Be it so : 
 but here let me remind you, Gentlemen, 
 
 i 
 
. i « i m K' »"" mm v ' rn'mgi mmimiiimmm 
 
 38 
 
 that, as impartial jurors on your oaths, 
 for in that solemn and grave capacity 
 •you stand, it is your duty, if intention 
 only is to constitute crime, to look at 
 the whole bearing of my intention. These 
 letters, as I have before said, were written 
 confidentially; and I do not now hesitate 
 to affirm, that to make them the ground- 
 work of a public accusation, is an offence 
 against all the rules of our common and 
 natural affections, an offence against the 
 well-regulated principles of common 
 honour, and an offence which breaks to 
 pieces every tie that binds man to man, 
 through all the tender humanities of 
 social intercourse. But, Gentlemen, 
 although these letters were written con- 
 fidentially, yet I never, for a moment, 
 supposed it necessary to secrete their 
 contents; by me they have never been 
 concealed ; they have been open to the 
 inspection alike of my friends and ene- 
 mies ; copies of them have been in their 
 
 39 
 
 possession for years ; and I could bring 
 witness upon witness to your table, that 
 I have frequently made them the subject 
 of conversation. Is not this a con- 
 vincing proof, that I did not feel con- 
 scious of any evil intention ? If it was an 
 error, it was only one of judgment, the 
 effect of an erroneous opinion, which, at 
 the utmost, can only be deserving of 
 cautionary reprimand : but even this, 
 under all the existing circumstances of 
 the case, I can but think would be deemed 
 too severe a reproof*^. If, then, no act 
 
 ♦ The Recorder, James Mingay, of Ashfeild, Esq. 
 certainly entertained a different opinion ; since, upon 
 his summing up the evidence adduced against me, he 
 never once adverted to any of the arguments contained 
 in this defence, with the solitary exception of remind- 
 ing the capital burgesses, then present, that the alleged 
 offence had been committed some years since; but 
 contented himself by observing, they had only to look 
 at the ofler in the abstract, and if they thought the 
 making such an offer was misbehaving myself in office, 
 tbeir duty was then plain and imperative ; since the 
 
was positively committed, if no bargain 
 was actually concluded, if the whole 
 
 clause of the Charter, which relates to the amoval of 
 a capital burgess, left them no choice. Whether this 
 opinion of the learned Recorder had any weight in 
 producing the vote of amoval, which afterwards took 
 place, it is impossible for me to guess : and whether 
 this opinion was correct, or impartial, must remain 
 with my readers to decide. To enable them to form 
 such a decision, I shall insert the clause as it stands in 
 the Charters of James and Charles; and the transla- 
 tion of the latter, which has been commonly received 
 as authentic within the burgh. 
 
 The Latin original is the same in both Charters 
 
 " Et ulterius volumus, ac per presentes pro nobis, 
 haeredibus et successoribus nostris quod quandocun- 
 que contigerit aliquem vel aliquos de predictis decern 
 capitalibus burgensibus burgi pra^dicti obire, vel ah 
 officiis suis pro aliqud causa rationabili amoveri (quos 
 quidem capitales burgenses burgi praedicti, sive eorum 
 aliquem, vel aliquos se non bene gerenies vel gerentem 
 in officiis suis amobilem et amobiles esse volumus) ad 
 henc-placitum ballivorum et capitalium burgensium 
 burgi praedicti, vel majoris partis eorundcm (quorum 
 alter ballivorum burgi praedicti pro tempore existen- 
 tium unus esse volumus), &€." S. p. pat. 4 Jac. I. 
 
 41 
 
 appears to have arisen from mistake and 
 indiscretion, not from wilfully corrupt 
 intention, surely I must stand exculpated 
 from that part of the charge and in- 
 formation, which accuses me of corruptly 
 offering to sell, barter, and resign my 
 office of capital burgess of the borough 
 of Aldeburgh. 
 
 Gentlemen, it may perhaps chance to 
 happen, that some future culprit may be 
 publicly arraigned in this court, on 
 
 The above clause is thus translated — " And further 
 We will, and by these presents, for us, our heirs and 
 successors, we grant, that so often as it shall happen 
 that any of the said ten capital burgesses of the said 
 burgh shall die, or be amoved from their offices for 
 any reasonable cause, (which said capital burgesses of 
 the said burgh, or any other, not behaving themselves 
 well in their offices, we will to be amoveablc,) at the 
 PLEASURE of the bailiffs and capital burgesses of the 
 said burgh, or the major part of them, (of whom we 
 will that one of the bailiffs of the said burgh, for 
 the time being, be one,) that then, &c. they may elect 
 others, &c." 
 
 i 
 
42 
 
 43 
 
 whom not only intention, but positive 
 acts of corruption may be proved ; of 
 acts that are not merely connected with 
 the resignation of an office; but of acts, 
 durante officio, that, contrary to the oaths 
 and duties of office, tend to the positive 
 hurt and injury of the best interests of 
 the borougli, to the disfranchisement 
 of its inhabitants, and to the pubHc pro- 
 stitution of its charters*. Should such a 
 culprit ever be brought to your tribunal, 
 on him let loose the torrent of your just 
 
 * No fact can be more positive, or more publicly 
 known within the burgh, than that some of the late 
 capital burgesses and freemen, resident mthin the 
 burgh, have been induced to resign their several 
 offices and franchises for a valuable consideration 
 paid, or caused to be paid to them by the present 
 patron of the burgh. Surely there can be no 
 question between the act of resignation, and the 
 actual corrupt purchasing these resignations, as it 
 should seem solely for the purpose of disfranchising 
 the few resident freemen of the place. 
 
 and legitimate Indignation, on him exe- 
 cute your full and complete authority. 
 Let me, in the next place, remind you, 
 Gentlemen, of the great length of time 
 that has elapsed, since the commission 
 of that supposed offence which I am 
 now called upon to defend. More than 
 Jive years have elapsed since the date of 
 the first of my letters written to the late 
 John Barnard; and that delay has not * 
 arisen from ignorance of the transaction, 
 the documents upon which this charge 
 is now preferred, have been all that time 
 in the pocket or possession of a gentle- 
 man now present, and he has even men- 
 tioned them in this court*. Yet, during 
 
 * I have since recollected, that it was on the 8th 
 of September, 1807, that Mr. Charles Fox Crespigny, 
 either in the town-hall, or in the council-chamber, 
 mentioned that he had two letters of mine, which he 
 would publish, if I offered any opposition to his views. 
 Reflecting upon the propriety of this act for more 
 
 [ij 
 
44 
 
 that time, no charge has been made 
 against me, no imputation has been 
 thrown upon my conduct as a capital 
 burgess, nor any attempt been made to 
 deprive me of an office, which I value as 
 a birth-right : yes, Gentlemen, I again 
 repeat this assertion, as a birth-right; for 
 that it was the intention of the monarchs 
 who have granted the various charters 
 to this ancient and populous borough, to 
 confine the advantages, the privileges, 
 and the honours, with which they en- 
 dowed it, to the natives or inhabitants 
 within the borough, is evident from 
 every clause they contain ; and, notwith- 
 standing that a power, unknown to our 
 corporate constitution, now usurps all 
 
 than four years, he has at length put it into execution. 
 Whether this public exposure of a private corre- 
 spondence with the confidential agent of his family, 
 will justify Mr. Crespign/s conduct, or tend to the 
 consolidation of his properly and interest in the burgh, 
 is not a question for me to decide. 
 
 45 
 
 the strong holds of our borough, yet do 
 I with heartfelt satisfaction and con- 
 fidence, look forward to that auspicious 
 day, when the men of Aldeburgh will 
 again be restored to their freedom of the 
 borough, will again be able, by their own 
 strength, decision, and independent vote 
 to send their own representatives to the 
 Imperial Parliament of the Empire*. 
 
 * The following extracts from the different Charters 
 granted to the burgh of Aldeburgh, by the monarchs 
 whose names they bear, and the returns of members to 
 serve in parliament, will, I trust, not only convince 
 my readers of the correctness of the ideas I entertain 
 upon this subject, but will also, at no distant period 
 of time, be the means of restoring to the inhabitants of 
 Aldeburgh their ample and highly valuable privileges, 
 which, for so many years, have been so unjustly with* 
 held from them. 
 
 King Edward the Sixth, in the second year of his 
 reign, (A. D. 1549), " on account of the singular 
 regard he bore towards his tenants and inhabitants of 
 Aldeburgh, (for so runs the grant), incorporated the 
 same burgh, and the inhabitants within the same, by 
 
 \ 
 
 * 
 
 A\ 
 
46 
 
 But, Gentlemen, to return to the con- 
 sideration of the charge this day pre- 
 ferred against me : the length of time 
 that has elapsed since the date of these 
 
 I: i 
 
 the name of the bailiffs and burgesses of the burgh of 
 Aldeburgh, in the county of Suffolk : and he further 
 granted, by the same presents, that the aforesaid inka 
 bitants of his said burgh, for the time being, upon the 
 feast of the nativity of the blessed Virgin then next, 
 and upon every feast of the nativity of the blessed 
 Virgin thenceforth for ever, should meet in the Guild- 
 hall of the said burgh, and there choose two persons, 
 then burgesses of the burgh aforesaid, as bailiffs of the 
 same burgh, who should exercise that office of bailiffs, 
 for one entire year, next following, for the safe and 
 wholesome government of the said burgh." And he 
 conferred, by the same Charter, very large and ex- 
 tensive privileges upon the inhabitants. — 7 p. pat. 2. 
 Ed. VI. 
 
 This Charter was recited, word for word, and con- 
 firmed by Philip and Mary, in the first year of their 
 
 reign. 
 
 This same Charter was again recited and confirmed, 
 in a similar manner, by Queen Elizabeth, in the first 
 year of her reign. 
 
 !■■ 
 
 47 
 
 letters, ought, I humbly contend, to do 
 away no inconsiderable part of the cri- 
 minality attached to them, even if, for 
 
 The following returns of members to parliament 
 were of course made, by those exercising the elective 
 franchise, as burgesses, under the Charter of Edward 
 the Sixth : 
 
 13 Eliz. 1571. f K^g" Woodhouse, Esq. 
 t Thomas Wigford, Esq. 
 
 UEliz. 1572 
 
 
 Francis Beaumond. 
 
 Charles Seckford, Esq. 
 
 4th Nov. C Peter Osborne, of the Exchequer. 
 
 26 Eliz. 1585. (^ John Fox, merchant. 
 
 ^ C Peter Osborne, Esq. 
 28 Ehz. 1586. I ' ^ 
 
 (. Edmund Bell, Esq. 
 
 31 Eliz. 1588. [ f '*:"'' ^'^^'' E^l- 
 (^ William Bence. 
 
 Thomas Knevett de Ashwelthorpe. 
 
 iam Bence. 
 
 Francis Haton. 
 
 Francis Johnson. 
 
 C Tho 
 
 35 Ehz. 1592. ^ ^^^.^, 
 
 f Will 
 
 29 Eliz. 1 597. 1 
 
 C Martin Stutvill, Esq, 
 
 * ^ Francis Corbet, Esq. 
 
 T ^ C William Woodhouse, Knt. 
 
 1 James, 1(J03.< _, 
 
 (^ Thomas Knevett, Esq. 
 
48 
 
 the sake of argument, I for a moment 
 admit that any part of their contents is 
 
 These returns are principally collected from Willis's 
 Notitia Parliamentaria. Some have been examined 
 with the original indentures, remaining in the Rolls 
 chapel. 
 
 King James, in the 4th year of his reign, upon the 
 petition of the then bailiffs and burgesses, (who must, 
 of course, have been inhabitants) y granted this burgh 
 greater indulgencies, and gave them a new constitution. 
 He declared, that, " thenceforth for ever, there should 
 and might be (infra burgum) within the burgh afore- 
 said, two of the more honest and discreet burgesses, in 
 manner therein mentioned, to be chosen, who should 
 be called bailiffs of the burgh aforesaid." 
 
 " That there should and might be, within the burgh 
 aforesaid, ten of the better and more discreet bur- 
 gesses, of the burgh aforesaid, in manner thereinafter 
 mentioned to be chosen, who should be and be called 
 capital burgesses." " And that the bailiffs and capital 
 burgesses should be of the common-council of the 
 same burn;h." 
 
 " That there should and might be, within the burgh 
 aforesaid, 24 of other honest burgesses, in manner 
 after mentioned to be chosen, who should be and be 
 called inferior burgesses.'' 
 
 49 
 
 \ 
 
 criminal, since it has enabled my col- 
 leagues in office, the inferior burgesses, 
 
 He makes Francis Foreman and Matthew Groome, 
 who are called the then bailiffs, (of course inhabitants), 
 the first and modern bailiffs of the same burgh. And 
 in the clause nominating the ten capital burgesses, 
 they are expressly stated to he burgenses et inhabi- 
 tantes. — 18. p. pat. 4 Jac. All former Charters are 
 confirmed. 
 
 The Charter of Charles is, as to these clauses, a 
 precise copy of that of James, excepting the names of 
 the then bailiffs, capital and inferior burgesses; and 
 confirms all preceding Charters. 
 
 It is worthy of remark, that the last decision of the 
 House of Commons, upon the right of voting for mem- 
 bers of parliament for this burgh, was in direct oppo- 
 sition to the determination of their committee. The 
 House declared the right to be in the freemen and bur- 
 gesses, as well non-resident as resident, not receiving 
 alms. By the operation of the Grenville act, this deci- 
 sion, as the last of that house, becomes conclusive as 
 to this right. This, therefore, is not the point in agi- 
 tation. Mr. Simeon, in his treatise on the Law of 
 Elections, p. 125, 6, lays down this doctrine : " Where 
 a place has sent members to parliament, the right of 
 election cannot be restrained or narrowed by any 
 
50 
 
 the freemen resident within the borough, 
 and the inhabitants at large, to witness 
 and bear testimony to my conduct as a 
 capital burgess, for so long a period. 
 If, during that time, it appears that I 
 have not been unmindful of my official 
 duties; if, during that period of five 
 years, I have constantly obeyed the 
 legitimate and lawful rule of the ma- 
 
 Charter of incorporation granted by the crown to such 
 place: and though that Charter is accepted and 
 acted under for many years together, yet if it can be 
 shown (which I think I have shown) that at almost 
 any period there was a different and larger right of 
 election, the old right shall be revived ; and the new 
 right being illegal in its commencement, cannot be 
 justified in practice : and, therefore, in the Chippen- 
 ham case, in 21 James I., a right of voting, exercised 
 under a Charter granted in the 1st year of Queen 
 Mary, was declared bad ; being repugnant to the 
 more extensive aHd customary right existing before 
 that period." Is this right, here contended for, in any 
 degree repugnant to the last decision of the House of 
 Commons, or how is it in any manner affected by it f 
 
 \ 
 
 \\ 
 
 u 
 
 gistracy, and if I cail make it appear to 
 you, that I have uniformly counselled, 
 advised, exhorted, and admonished the 
 bailiffs to the best of my judgment, and 
 according to the strict tenour of my oath ; 
 surely these circumstances should make 
 you pause, before you listen to an ac- 
 cusation that has been deferred so long*. 
 But, Gentlemen, there are certain cir- 
 cumstances connected with these ac- 
 cusations, which will, I am convinced, 
 throw back upon my accuser the charge 
 of corruption, and induce you to give, 
 by the decision you are this day called 
 upon to make, a public testimony to 
 the world, that the bailiffs and common- 
 
 "^ No imputation was attempted to be thrown upon 
 ray conduct during all that period : but neither this, 
 nor any other argument I thought it my duty to sub- 
 mit to the consideration of the Court, seemed to be 
 understood by them ; probably owing to the Recorder 
 not thinking them of sufficient weight to recall their 
 attention to them. 
 
52 
 
 53 
 
 u 
 
 council of the borough of Aldeburgh 
 will always jspurn, with scorn and con- 
 tempt, an accusation against any indi- 
 vidual, and especially one of its own 
 body, that has its origin in conspiracy, 
 corruption, and violence. To put you, 
 Gentlemen, in possession of this part of 
 my defence, I must again revert to th^ 
 spring of 1807. The death of Mr. 
 Barnard terminated all correspondence 
 between me and the family of Crespigny ; 
 and I again reverted to the determination 
 which had, for several years, caused me 
 to absent myself from all the meetings 
 of the corporation. It happened, how- 
 ever, in the summer of 1 807, I had oc- 
 casion to remove my family to the sea- 
 shore. My professional duties laid within 
 a few miles of Aldeburgh, and this cir- 
 cumstance alone induced me to take a 
 house here ; for, otherwise, I should cer- 
 tainly at that time have preferred any 
 other place. But, Gentlemen, although 
 
 
 I came to Aldeburgh in June, yet I 
 never, in the slightest degree, interfered 
 in the political concerns of the borough 
 till the 8th of September, when, being 
 resident within the borough, I felt myself 
 bound to attend in my place as a capital 
 burgess. It happened, Gentlemen, from 
 some cause or other, that our late town- 
 clerk was absent on that day, and that 
 he sent down, as his deputy, the gentle- 
 man who now so ably fills that important 
 situation. Whatever may be that gentle-- 
 man's abilities, he was not, however, at 
 that time perfectly acquainted with the 
 customary routine of business upon a 
 charter-day ; and some irregularities, 
 which I could not help observing, made 
 me hint, that I thought we should en- 
 danger our charter by any neglect of the 
 formalities, which it prescribes. This 
 advice, which I gave with a real wish to 
 prevent mischief, and which the accident 
 to which I have just adverted alcme 
 
 i 
 
 !^''l 
 
 i»i!l 
 
i' 
 
 54 
 
 • 
 
 called for, was adopted; but, notwith- 
 standing its adoption, it called forth the 
 spleen and revenge of a certain indi- 
 vidual*, which, far from spending itself 
 upon me, reached all the unoffending 
 members of the corporation, whom he 
 that day invited to his table ; since, as I 
 have been very credibly informed, he 
 told them, as he had previously informed 
 me, that their support or enmity was 
 equally a matter of indifference to him, 
 for that his property in the borough did 
 not depend upon the good wishes of the 
 inhabitants!. 
 
 * See note, p. 43. 
 
 t Such has certainly been the avowed principle o^ 
 the present patron of the burgh on many occasions : 
 nor can it much be wondered at, since he probably 
 conjectured, that no one would bequeath what he did 
 not actually consider as his own peculiar property ; 
 and, consequently, Mr. Charles Fox Crespigny, na- 
 turally enough, considered his interest in the burgh of 
 Aldeburgh as not depending upon the good wishes of 
 
 
 55 
 
 Gentlemen, this intemperate warmth 
 produced an effect, which in no long time 
 
 its inhabitants. The annexed codicil certainly affords 
 some grounds for Mr. Crespigny's opinion. 
 
 (Extracted from the Registry of the Prerogative Court of 
 
 Canterbury.) 
 
 <' The Third Codicil to the Will of Philip 
 Champion Crespigny, late of the City of 
 Bath, Esquire, deceased, is as follows : 
 " I HEREBY declare this to be a further codicil to 
 my last will and two codicils, and in explanation of my 
 will and intention in respect to any property and 
 interest in the borough of Aldeburgh, in the county of 
 Suffolk : my eldest son, Thomas, being dead, I will 
 and direct my executors and trustees to apply not 
 only the income and produce of all my estate and pro- 
 perty in the said borough, to maintain and keep up 
 ray family interest there, and to the general expences 
 and annuities, as I am bound in honour, or otherwise 
 to pay, and which I may be in the payment of at the 
 time of my death ; but also to appropriate for the like 
 purpose, so much more as may be necessary from the 
 rents, issues, and profits of any other part of my 
 estates. And it is my wish, intent, and meaning, that 
 a separate account should be kept of all receipts as 
 well as outgoings and expences relative to my said 
 
 i! 
 
( 
 
 66 
 
 embodied a small but compact party, de- 
 termined to protect the rights and pro. 
 
 estate, houses, and property, and interest in the said 
 borough of Aldeburgh ; and whenever they are pos- 
 sessed of and have in hand any sum beyond or more 
 then* as been by them advanced and paid for the 
 above purposes, that then they shall divide such 
 balance or surplus in two equal parts or shares, and 
 pay one equal part or share thereof to my now eldest 
 son Philip, and the other equal part or share to be 
 carried to the account of my two younger sons, 
 Charles and George, or to the survivor of them, my 
 said two younger sons, and so to be continued until 
 t P. C. one or either of them my said two younger sons, 
 P. C. or the survivor or survivors of them, arrives at 
 or comes to be of the age of twenty^ne years. And I 
 give to my son Philip, jointly with my executors and 
 trustees, the use of my house and every thing therein, 
 at Aldeburgh aforesaid, until my sons Charles or 
 George, or the survivor of them, arrives at the age of 
 twenty-one years ; and I release and acquit my son 
 Phihp from any debts he may owe to me, and I direct 
 that he may from time to time be reimbursed any rea- 
 * So in the original. 
 
 t I suspect these initials to be marks in the margin, per- 
 haps attesting some erasure or interiineation. 
 
 ill 
 
 57 
 
 party of the inhabitants, and to oppose a 
 barrier to an usurpation which, always 
 disgraceful, had now become oppressive 
 and vindictive. How far the virtuous 
 and good intentions of that party may 
 be rewarded by success, remains yet to 
 be, in some measure, proved ; for, although 
 solid and permanent benefits have been 
 already obtained*, yet still greater and 
 
 r 
 
 sonable cxpences he may be put to for his necessary 
 attendances at Aldeburgh for the above purposes. , 
 " Witness my hand this 26th May, 1800. 
 
 " P. C. Crespigny." 
 
 " Prated at London with the Will and nine 
 otha^ Codicils, 7th March, 1803.'* 
 
 ♦ The benefits already obtained, result from the 
 reclamation of the quay property and the town 
 jnarshes; from neither of which the inhabitants of 
 Aldeburgh have collectively experienced any benefit 
 for many years. At present, indeed, the marsh pro- 
 perty is a subject of litigation ; but as it is now before 
 the Court of Chancery, there can be no doubt but that 
 Jhe rights and privileges of every individual concerned 
 will be properly and fully appreciated. Whilst this 
 
 ;!li 
 
 illl 
 
58 
 
 !! 
 
 •lore glorious results may confidently be 
 anticipated. That I have been an active 
 favourer of this party, I will not for a 
 moment deny: on the contrary, Gentle- 
 men, I am proud to acknowledge it. The 
 exertions of this party have infused a 
 new vigour into the minds of many, 
 who, despairing of ever seeing the 
 liberties of this town restored, vainly 
 regretted their past apathy. It has united 
 the hearts of more than nine-tenths of 
 the inhabitants of this place in one wish 
 and sentiment, that of freedom and in- 
 sult remains undecided, it is of course impossible for 
 the acting trustees to make any use of the rents and 
 profits of the marshes, except in keeping them in 
 repair : but the author of this address pledges himself, 
 as one of them, not to miss the first opportunity, when 
 he feels himself legally authorized to do so, of proving 
 to the inhabitants of Aldeburgh, that he holds his 
 trust for their benefit. 
 
 The hopes which the author entertains of greater 
 and more glorious results, may be collected by refer- 
 ring to the note in p. 42. 
 
 59 
 
 dependence. But, Gentlemen, although 
 1 have acted in concert with the inha- 
 bitants of this my native place, I have 
 never been induced to commit any act 
 that I did not conceive in strict ac- 
 cordance with my duty and oath as a 
 capital burgess, nor have I ever (I appeal 
 to those who hear me with the utmost 
 confidence) betrayed any contempt to 
 the authority of the bailiffs and common- 
 council of this borough legally and con- 
 stitutionally appointed. From the period, 
 then, of 1807, 1 shall pass on to the 29th 
 of September, 1811, since I am not 
 aware that any circumstances, previous 
 to that day, connect themselves with the 
 present charge, as far as regards my con- 
 duct : though, Gentlemen, I feel assured 
 I shall be able to convince you, they 
 have had a great and momentous effect 
 upon the conduct of my accuser, and a 
 certain individual whose confidence he 
 
 n 
 
 I i 
 
 ai 
 
 i 
 
■**<?*• 
 
 f>0 
 
 la i 
 
 possesses *=. The omission ofa court to 
 swear in the bailiffs elect within the 
 time prescribed by our charter, led to an 
 assembly on the second day of October,: 
 for the purpose of swearing in one of the 
 new bailiffs. To this assembly I was 
 summoned by Edward Toker, bailiff! 
 Upon my attending the assembly, I in- 
 quired of Mr. Toker, whether, in point 
 of fact, he signed this notice at the time 
 of its date, viz. the 29th of September?^ 
 To this question Mr. Toker twice declined 
 giving any answer. Now, Gentlemen, 
 you will, I am convinced, concede to me 
 this point, that, at the expiration of the 
 £9th of September, 1811, which is the 
 conclusion of the feast of Saint Michael 
 the archangel, Mr. Toker's office of 
 bailiff of the borough of Aldeburirh, to 
 which he had been elected on the 6th of 
 September, on the feast of the nativity 
 
 * Charles Fox Crespigny, Esq. 
 
 
 61 
 
 of the blessed Virgin, in the year 1810*, 
 had ceased and determined. Conse- 
 quently, after the expiration of that day, 
 Mr. Toker could not, as bailiff', summon 
 an assembly of the common-council of 
 the borough, nor could he do any one 
 official actf. It is with me a question, 
 whether, even previous to his quitting 
 
 * This is not precisely accurate ; for, upon recol- 
 lection, Mr. Toker was elected and sworn in bailiff on 
 the 24th of December, 1810, in the room of Michael 
 Barfoot, deceased, for the remainder of the year. 
 This, however, does not militate in the slightest degree 
 against my argument, since his office expired at the 
 same time, viz. on the 29th day of September, 1811. 
 
 t The Recorder in this place interrupted the de- 
 fence, by stating, that there was a general power of 
 holding over under the Charter, and that Mr. Toker 
 ought not to have convened a meeting for the purpose 
 of swearing in the new bailiffs, for that he might have 
 sworn them in at any time and in any place, even in 
 the street, if he had met with them. How far this 
 doctrine agrees with the fair construction of the 
 Charter, will soon be decided by a court competent to 
 the question. 
 
 "i 
 
 1'^ 
 
 i 
 
62 
 
 his office, he could issue a summons to 
 assemble upon a day posterior to the 
 cessation of that office, since it must 
 imply an interference with the authority 
 of his successors. But, Gentlemen, if it 
 can be proved, and this I know to be 
 the case, that Mr. Toker, who resides in 
 the distant county of Kent, did not 
 arrive at Aldeburgh till the afternoon 
 of the first of October, and that he 
 signed this summons as bailifi^ nearly 
 eight and forty hours aftei* he had ceased 
 being bailiff, i. e, after his arrival at 
 Aldeburgh, you will, I am sure, feel con- 
 vinced, that, as a capital burgess of the 
 borough, I did but my duty strictly and 
 conscientiously, in counselling, advising, 
 enjoining, and exhorting the bailiff elect, 
 and other annual officers, not to take or 
 swear the oaths relating or appertaining 
 to their several and respective offices in 
 the said borough, in an assembly illegally 
 and improperly convened and summoned. 
 
 63 
 
 But, Gentlemen, whether this defect, and 
 many others which happened on that 
 day, can ever be remedied, or whether 
 they require a remedy, is a question, the 
 merits of which it is not my intention 
 now to discuss ; they will be soon argued 
 before a tribunal competent to decide 
 the question*, and I do not wish to 
 glance even at the result of that inquiry. 
 Whatever may be the event of the im- 
 pending discussion, I recognize the au- 
 thority of this court, as an assembly of 
 the bailiffs and capital burgesses of the 
 borough oi AldthnYghde facto. In virtue 
 of that recognition I have obeyed your 
 summons, and have claimed your patient 
 hearing of my defence. But, Gentlemen, 
 when a person steps forward, and boldly 
 
 * As this question remains yet undecided, and as 
 measures have already heen taken to ascertain whether 
 the opinion I entertain be correct or not, I feel myself 
 bound to abstain from noticing any arguments or 
 facts upon which that opinion is founded. 
 
 ii 
 
 P 
 
 •■■ 
 
 »4 
 
.««* - "" 1^" ■■ 
 
 \^ 
 
 64 
 
 accuses a member of your common- 
 council of acting contrary to the duties 
 and oath of his office, it becomes your 
 duty to search into the nature of those 
 duties, to look at the literal meaning and 
 bearing of his oath, and of that clause 
 of your Charter upon which that oath is 
 founded. This inquiry, Gentlemen, will, 
 must lead you to this conclusion, that 
 every member of the corporation is bound 
 to watch over, guard, and protect its 
 rights and privileges, and that every 
 member of the common-council of the 
 said corporation is bound by his oath to 
 aid and assist the bailiffs with his counsel 
 and advice, according to the best of his 
 judgment. Now, Gentlemen, if, in pur- 
 suance of my oath, I did advise and 
 warn the baihff elect, according to the 
 best of my judgment, what did I that 
 can deserve the censure and accusation 
 so heedlessly brought against me. If, 
 on my oath and conscience, believing 
 
 li 
 
 65 
 
 that the corporation was working its 
 own ruin, and conspiring to its own 
 destruction, I had either joined in its 
 acts, or had absented myself from its 
 assemblies, whether legally or illegally 
 convened, T might, with justice, have 
 been accused of acting contrary to my 
 oaths and duties as a capital burgess and 
 freeman : but if acting in conformity 
 with them according to the best of my 
 judgment and ability, is to be constituted 
 a crime, merely because my judgment 
 happens to be at variance with that of 
 other members of the corporation, then 
 am I at a loss to know what essentials 
 are necessary to the performance of a 
 duty. My judgment might be erroneous; 
 my opinion ill-founded ; still it was no 
 less my judgment and opinion; and I am 
 confident you will agree with me, that I 
 was bound to act in conformity with it. 
 But here, Gentlemen, comes another part 
 
 E 
 
 I *i 
 
 l« 
 
66 
 
 li 
 
 of the charge* and information; I gave 
 this advice, according to my accuser's 
 assertion, minding dnd intending to hurt, 
 prejudice, and injure the borougli of 
 Aldeburgh. The metaphysics of my ac- 
 cuser are, I know, of rather a singular 
 nature ; but I did not know, that he 
 fancied he possessed the faculty of 
 searching into the secret recesses of the 
 heart, or diving into the very operation 
 of intention. For my own part, 1 do not 
 pretend to such a power, or otherwise I 
 might assert, that my accuser, in publish- 
 ing a certain bookf fraught with strange 
 assertions and delusive opinions, was 
 minded to hurt and prejudice the hap- 
 piness of the world, or at least that part 
 
 * This part of the charge and information was 
 abandoned, in consequence of the opinion of the Re- 
 corder, that there was not any evidence to support it. 
 
 t Thoughts on the Origin of Evil, by Mr. H. 
 Lovett. 
 
 If 
 
 67 
 
 of it, which is blessed with the Christian 
 revelation. I will, however, give him 
 credit for other feelings ; and however I 
 may lament this misapplication of the 
 talents he possesses, and grieve that he 
 gives himself so entirely up to the de- 
 lusions those talents have engendered, 
 yet I will not lay at his door charges 
 which no man can prove, namely, cri- 
 minality of mind and intention*. But 
 
 iii 
 
 
 
 I i 
 
 * Mr. Lovett in his reply asserted, that I had very 
 ingeniously bandied about the argument of inten- 
 tion ; insisting in one place, that my intention being 
 evidently innocent, it ought to absolve me from all 
 reproof; and in another, that as the fact committed 
 could only be culpable from the malus animus that 
 prompted it, so was that act excusable, since the mains 
 animus could not be proved. Mr. Lovett, to contro- 
 vert this supposed artifice in my argument, informed 
 the court, what every person conversant with the com- 
 mon principles of our law must know to be true, 
 that in all indictments intention is made a part of the 
 charge. Mr. L., however, did not state what is 
 equally well known, that intention only is not of itself 
 
68 
 
 I 
 
 I. 
 
 you may perhaps argue, that certain acts 
 prove the intention, and that mine have 
 been hostile to the interests of this 
 borough. If, by this borough, you mean 
 a certain individual or certain individuals 
 who have usurped its rights and pri- 
 vileges, destroyed its franchises, and 
 
 sufficient to constitute crime. A charge is not main- 
 tainable if the mains animus is not proved : nor can the 
 malus animus be punished without it is followed by 
 some corresponding act. Now, with respect to the 
 first charge, I insisted, that as no act was committed, 
 the mere intention to commit it was not in itself alegal 
 ground for punishment ; but that even if they did so 
 consider it, the intention that had prompted me couki 
 not be deemed worthy of reproof. With respect to 
 the second charge, I did not deny that my intentions 
 could not be known as far as they depended upon the 
 act : on the contrary, I pleaded guilty to the charge 
 under certain limitations, nor do I now shrink from 
 such avowal. 
 
 My incidental reference to Mr. Lovett's theory of 
 metaphysics, could alone afford him the least colour 
 for the arguments he advanced respecting the ingenuity 
 of mine. 
 
 I 
 
 ^1 
 
 69 
 
 tarnished its good name, then do I plead 
 guilty to this charge. But, Gentlemen, 
 you will not fail to make a distinction 
 between an opposition in conduct towards 
 certain individuals who, were I upon my 
 oath, I should affirm, were enemies to 
 the prosperity and best interests of the 
 borough, and that charge of minding 
 and intending to hurt, prejudice, and 
 injure the borough itself*, of which 1 
 
 
 III 
 
 * That the corporation of Aldeburgh, as it is at 
 present constituted, is of any advantage to the inha- 
 bitants of the burgh, is a question it would be super- 
 fluous to discuss ; since I believe that very few indivi- 
 dual exceptions, out of the whole mass of its popu- 
 lation, could be found, who would not rejoice in its 
 dissolution ; unless its continuance was accompanied 
 by a restitu^jn of the rights and privileges granted to 
 their forefathers, and which they ought unquestionably 
 still to possess. Of this corporation there are resi- 
 dent within the burgh — bailiffs, one— justices, not 
 one — capital burgesses, two — inferior burgesses, nine 
 — freemen, whose aggregate number may be estimated 
 from 120 to 150, not more than 20 — and of these 
 
fc^t -SISK^^SB^V 
 
 70 
 
 am accused. So much, Gentlemen, for 
 the charges that have been preferred 
 igainst me. I have next to call your 
 attention to the time and manner in 
 which these charges have been brought 
 forward, and to entreat that you will not, 
 in forming your decision, be unmindful 
 of the circumstances under which they 
 exist. A few days subsequent to the 
 second of October, I believe it might be 
 the ninth or tenth, I had, after several 
 years spent in demands and requests, 
 been allowed an inspection of the books 
 and records of this borough, and will 
 admit that there was an appearance of 
 civility and accommodation in the man- 
 ner of doing this ; that, certainly, had 
 always best be maintained amongst Gen- 
 tlemen, however their views, opinions, 
 
 several arc placemen; not one of whom, be it re- 
 marked, owes his situation to the powerful influence 
 of the present patron. 
 
 71 
 
 and interests may clash. Mr. Lovett, 
 my accuser, a circumstance, by the bye, 
 I should not have known had I not come 
 down to Aldeburgh on the sixth of this 
 month, since his name does not occur in 
 the notice which was subsequently given 
 to me ; Mr. Lovett, I say, was present 
 at the search I made, together with Mr. 
 Philip and Mr. Charles Crespigny, when 
 a conversation took place respecting the 
 late omissions and acts of the corpora- 
 tion, which I should think must have 
 convinced him, that I had acted accord- 
 ing to the best of my judgment and the 
 information I had obtained. It hap- 
 pened, Gentlemen, that upon my return 
 to the White Lion Inn, as I sat in company 
 with my friend Mr. Jermyn, arranging 
 the extracts I had made, I was told 
 by the servant a gentleman wanted to 
 speak to me; and, upon going down 
 stairs, I found Mr. Lovett waiting. We 
 
 in 
 
 ii 
 
 4 
 
^^ '»t ■" Viwi^ 
 
 
 
 f 
 
 72 
 
 walked together upon the beach oppo- 
 site the inn; and after some introduc- 
 tory apology, (but here I beg leave to 
 observe, that I am willing to be cor- 
 rected by Mr. Lovett*, if, owing to any 
 failure of memory, there should be the 
 least inaccuracy in what I am about 
 stating to you), Mr. Lovett informed 
 me, that it was Mr. Crespigny's intention 
 to amove me, if possible, from my office 
 of capital burgess. Mr. Lovett then 
 produced a paper, and read from it the 
 very accusation, as I believe, that is 
 contained in the notice lately delivered 
 to me in this court. To this I replied, 
 that I had no doubt of Mr. Crespigny's 
 wishes, and that, if I had unwittingly 
 offended against the laws of my country, 
 or the ordinances of the corporation, I 
 
 * Mr. Lovett did not offer any objection to the 
 statement 1 made, nor did the Recorder once advert ta 
 it in sutnming up the particulars of the accusation 
 and defence. 
 
 78 
 
 must submit to the effects of my off'ence^ 
 Mr. Lovett then informed me, that opi- 
 nions had been had upon the case, and 
 admitted that a difference of opinion* 
 existed; but added, that Mr. Crespigny 
 would run the hazard of it, if I persevered 
 in my present hostility to him; for, sir, 
 continued Mr. Lovett, although I have 
 shown you what, under certain circum- 
 stances, is Mr. Crespigny's intention, 
 yet that is not the chief purport of my 
 visit to you, which is, to inquire whether 
 it would not be possible to effect a re- 
 conciliation between you and Mr. Cres- 
 pigny ? To this I replied, that a political 
 reconciliation was now become impossi- 
 
 * That a difference of opinion does exist I can 
 easily imagine, since the legal friends whom I have 
 consulted, certainly differ in toto from the opinion of 
 the Recorder, and the decision of the court. As, 
 however, matters are not yet ripe for this discussion, 1 
 shall abstain from all further arguments upon that 
 subject. 
 
 >) 
 
74 
 
 ble ; there had been a time when it niiffht 
 not have been so, but that the personal 
 conduct of Mr. Crespigny towards me 
 had long rendered that a matter never 
 to be effected. Mr. Lovett said, that 
 Mr. Crespigny was aware, and lamented 
 the line of conduct he had pursued ; that 
 he was authorized to offer every proper 
 acknowledgment, and to say, that if I 
 could be induced to coalesce with Mr. 
 Crespigny, my professional situation 
 should be attended to, or words to that 
 effect. To this I replied, you are aware, 
 sir, that there is a club in this town, and 
 that I am a member of it. Mr. Lovett 
 said he was perfectly aware of both cir- 
 cumstances. Then sir, I replied, take as my 
 answer to any proposition you can make, 
 that I am determined to abide by the 
 public declarations I have there made. 
 Mr. Lovett again urged the possibility 
 of a reunion with Mr. Crespigny, ad- 
 verted to the waste of mind of borough 
 
 75 
 
 contests, and acknowledged that Mr. 
 Crespigny did find in me a most powerful 
 and active opponent. Our conversation 
 then merged into a recapitulation of 
 events long passed, and I at that time 
 adverted to the offer of reconciliation I 
 had made to Sir Claude de Crespigny. 
 To this Mr. Lovett replied, Mr. Cres- 
 pigny, or the family, lamented that it had 
 not been accepted, but that Sir CUude 
 had, on several occasions, been strangely 
 unmindful of their interests. The re- 
 maining particulars of this conversation 
 I do not recollect; but I believe there 
 was a mutual wish expressed, that all 
 personalities might cease, and we sepa- 
 rated at least with expressions of civility 
 and good-breeding. 
 
 In this place permit me to state to 
 you, that the conduct I pursued on 
 the 29th of September, the second of 
 October, and the following days, was 
 in consequence not only of my own 
 
76 
 
 '( 
 
 individual and private opinion, but also 
 of tlic opinion of legal friends. This 
 opinion has been greatly strengthened 
 by that of others of high and distin- 
 guished character in the law ; and I can 
 but think, that the fears this conduct of 
 mine had created, had no small effect in 
 producing that overture to which I 
 have just called your attention. 
 
 And now, Gentlemen, can you wonder 
 at my surprise and indignation, when I 
 see this same person officiously thrusting 
 himself into the no very enviable situation 
 of an informer and accuser, resting one 
 part of his accusation upon documents 
 which, in common honour and probity*, 
 ought to have been consigned to oblivion 
 at the death of the person to whom they 
 were addressed, and the other upon an 
 
 * Mr. Lovett, in his reply, endeavoured to excul- 
 pate himself from the charge of having betrayed pri- 
 vate confidence. How far the same wish to exculpate 
 himself inculpates the person who did actually betray 
 it, needs but little illustration. 
 
 77 
 
 ill assorted and unfounded assertion, 
 which really I can but think he himself 
 repents of having made. How can this 
 gentleman, who himself endeavoured to 
 influence my conduct by offers of advan- 
 tageous reunion, dare to impeach it, for 
 the sake of removing me from an office, 
 to which, as I have every reason to 
 believe, he himself aspires. Are this 
 gentleman's hands so unpolluted, his in- 
 tentions so virtuous, his care and affec- 
 tion* for the borough of Aldeburgh so 
 great, that what in me is attempted to 
 be stigmatized as crime, in him appears 
 a virtue? But let me inform you, Gen- 
 tlemen, before you proceed to pass judg- 
 ment, that I and others have heard this 
 gentleman affirm, that boroughs were now 
 but mere machines for the return of 
 
 ♦ Mr. Lovett, in his reply, congratulated himself 
 upon having lost no time, since he had been a member 
 of the corporation, in introducing to the notice of the 
 
 'J 
 
'II 
 
 ( 
 
 78 
 
 members*, and that all these important 
 offices, for a breach of the duties of one of 
 
 bailiffs and capital burgesses an act of one of its mem- 
 bers, which he considered as disgraceful, and tending 
 to the injury and scandal of the burgh. Certainly it 
 must be admitted, that Mr. Lovett did not betray any 
 want of energy in bringing forward this accusation, 
 since he was elected an inferior burgess on the 4th of 
 January, and brought forth his accusation on the 6th. 
 Whether IMr. Crespigny introduced this gentleman 
 into the corporation for the purpose of assisting him 
 in his avowed intention of amoving me out of it 
 is a matter of wild and uncertain conjecture. But 
 there can be little doubt but that the inhabitants of 
 Aldeburgh consider themselves as greatly obliged to 
 Mr. L. for his having effected (for a time, at least) the 
 expulsion of the only individual of the common- 
 council who had any natural claim to his situation. 
 
 * Mr. Lovett, at the time of my delivering this 
 defence, appeared to have forgotten having made such 
 a declaration. To the accuracy, however, of my 
 report, I can adduce the testimony of my friend Mr. 
 Jermyn, who was present at the time, and who, in 
 reply, observed, that he believed a court of law would 
 not so regard them. 
 
 79 
 
 which he nevertheless presumes to accuse 
 me, are mere dead letter, and of no mo- 
 ment or consideration. Let it not pass 
 without notice either, that this Mr. 
 Lovett is a person till of late unknown 
 to the inhabitants of this borough, and 
 now chiefly introduces himself as the 
 ready instrument of the acknowledged 
 violence and persecution of his friend 
 and patron, Mr. Charles Crespigny. True 
 it is, that very recently he has been 
 elected a freeman and an inferior burgess 
 of this borough : but. Gentlemen, these 
 very circunjstances ought to excite your 
 suspicion, since it appears most evident, 
 that he has deceived you, in order that 
 he may be duly prepared to avail himself 
 of the victory which he so sanguinely 
 anticipates*. The circumstances set forth 
 in his accusation occurred before Mr. 
 
 * Whether Mr. L. attained the supposed object 
 of his ambition, I have had no means of ascertaining. 
 Such was the common report of the place. 
 
80 
 
 Lovett had any political or corporate 
 connexion with this borough; and surely 
 he ought to have paused before he thus 
 intruded himself upon your notice, for 
 the purpose of arraigning the public 
 conduct of the only native individual of 
 your common-council ; of an individual 
 who, amongst other pretences to the 
 situation he holds, desires that it may 
 be noticed, that he is a descendant in a 
 direct line from that Matthew Groome 
 whom the first James thought worthy 
 of making the first bailiflf^of this ancient 
 borough. Is this, gentlemin, fulfilling 
 the gracious intentions of that same 
 sovereign, who, of his especial favour, 
 enabled the inhabitants of this place to 
 meet justice within their own precincts? 
 is it not rather a public demonstration of 
 that determined spirit of proscription, 
 which caused a member* of your com- 
 
 * Mr. Charles Fox Crespigny. 
 
 81 
 
 mon-council to aver, that, with his con- 
 sent, an inhabitant of Aldeburgh never 
 should again enjoy the freedom of the 
 borough*? Is this the mode of recon- 
 ciling the minds of those submitted to 
 your charge ? is this the way to approve 
 yourselves impartial administrators of 
 public justice upon the fair principles of 
 the wise and beneficent laws of our 
 excellent constitution ? If, amidst your 
 various reading, history ever forms a 
 part of your learned amusements, and if 
 history be only philosophy teaching by 
 example, let me admonish you to regard 
 the analogies you may there find. Thus 
 much, Gentlemen, for the corruption of 
 
 * That this spirit of extermination has been pretty 
 active, is evident from the note in page 69 ; and it 
 ought further to be observed, that of the few resident 
 freemen there mentioned, no small portion of them ob- 
 tained their freedom from servitude; a right which 
 Mr. Crespigny has not dared to deny, although he has 
 lately attempted to abridge it. 
 
> 
 
 • /i 
 
 82 
 
 83 
 
 my accuser : but now permit me to pass 
 on to the other circumstances connected 
 with this charge, to which I have before 
 adverted, viz. the conspiracy and violence 
 on which they are founded. These 
 heavy charges were, in some part, proved 
 by the conversation between Mr. L. 
 and myself, which it became necessary, 
 to my self-justification, for me to de- 
 tail. Gentlemen, I can prove to you, 
 by the testimony of my very accuser, 
 by the testimony of a cloud of witnesses, 
 if it were necessary, that this attempt, 
 weak and futile as I feel assured it will 
 be, to amove me from the office of capital 
 burgess, and to deprive me of my freedom 
 of the borough, owes not its origin 
 to the charges preferred against me by 
 Mr. Lovett ; but to that very firm and 
 powerful influence I oppose to the de- 
 grading and injurious usurpation of his 
 friend, Mr. Crespigny. Gentlemen, as I 
 before said, the documents upon which 
 
 ^f 
 
 I 
 
 ii 
 
 '!# 
 
 the first charge is grounded, have been, 
 ever since the dates of them, as I have every 
 reason to believe, in the pocket of Mr. 
 Crespigny; and there they did remain, and 
 there they would have remained, had not 
 the exertions of the party with whom I 
 am connected, made him tremble for the 
 borough-property bequeathed to him by 
 the third codicil of his father's wilt*, 
 and have tempted his theological and 
 legal friend, Mr. Lovett, to try if, by 
 means of them, they could not get rid 
 of so troublesome and inquisitive an 
 opponent. And now. Gentlemen, it be- 
 comes my painful duty to notice certain 
 circumstances connected with the very 
 prosecution of this accusation, which I 
 willingly hope had their origin in error 
 and haste, and not in a predetermination, 
 on the part of any individual or indi- 
 
 * This codicil is subjoined to the note in 
 page 55. 
 
u 
 
 viduals of the common-council, to amove 
 me, at all hazards, (to use Mr. Lovett's 
 expression,) from my office of capital 
 burgess. The first circumstance to 
 which I must beg to draw your attention, 
 is the wording of the notice* served 
 upon me to attend the assembly of the 
 6th of Januarv. In that notice, which 
 is regularly signed by the existing bailiffs, 
 I am summoned to attend an assembly 
 to elect capital burgesses, and to amove 
 a capital burgess. What ! Gentlemen, 
 can it be suffered to go abroad into the 
 world, that, not only before the indi- 
 vidual to be accused was heard in his 
 defence, but before even an accusation 
 was made, the bailiffs of this borough 
 had predetermined to punish him for his 
 supposed offences ? Would not this 
 carry with it, at least, the appearance of 
 
 * This notice is set out in page 7, and remarked 
 •upon in the note, page 8. 
 
 Bi 
 
 i 
 
 85 
 
 an act of violence unknown to the laws 
 of our country and to the upright 
 practice of its courts? Again, upon my 
 entrance into the assembly, an attempt 
 was made to prevent me, at that time an 
 unstigmatized and legal member of it, 
 to inspect its public records ; and, after 
 Mr. Lovett had been permitted to read 
 his charge and proofs, a vote was passed, 
 without deliberation or argument, that 
 they should be entered into the public 
 records, and a notice, previously prepared, 
 and in the possession of the common 
 clerk of your borough, was served upon 
 me, to attend this day to show cause 
 why I should not be amoved from my 
 office of a capital burgess, and disfran- 
 chised. This predetermined spirit was 
 confirmed to me yesterday, when 1 was 
 informed, that at Mr. Crespigny's table, . 
 since the exhibition of the charges against 
 me, it was broadly asserted, that the 
 subject of my amoval would be ultimately 
 
 ( 
 

 86 
 
 determined in the court of King's Bench. 
 The presence, liowever, of our worthy 
 Recorder, gives me confidence to expect 
 a speedier and as just a determination 
 as that honourable court would afford. 
 
 This, Gentlemen, is the defence I 
 make to the accusations preferred against 
 me : and although I will not tire your 
 patience by a recapitulation of facts or 
 arguments, yet suffer me to remind you, 
 that, respecting the first charge, no overt 
 act was committed; that the distinction 
 between corrupt practice durante officio^ 
 and a proposal to resign an office for a 
 valuable consideration ; which latter 
 practice, be it remarked, Gentlemen, is 
 publicly recognized by the first characters 
 of our country upon a proposed change 
 of administration, is great, unanswerable, 
 and valid. In this case, however, inten- 
 tion only can be proved ; and I trust that; 
 I have convinced you, that even if I 
 was in error, it was only an error of 
 
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 -• * 
 
 ^ 
 
 % 
 
 ■1 
 
 87 
 
 judgement. Besides which, it may surely 
 be insisted upon, as a complete waiver 
 of the advantage which is now attempted 
 to be taken against me, when it is certain 
 that these acts of supposed criminality 
 have, during a period of five years, been 
 known to the bailiffs and common-coun- 
 cil of the borough for the time being; 
 and yet, that they have not only per- 
 mitted me to act, but have frequently 
 summoned me to their assemblies. Upon 
 the second charge I shall not enlarge 
 more ; for, if the arguments already ad- 
 vanced will not acquit me, I know of 
 no others that can be urged. And now, 
 Gentlemen, before I conclude, suflTer me 
 again to exhort and warn you to lay 
 aside all party-feeling and animosity. 
 You stand, I am well aware, in a strano-e 
 and unusual situation: you, in point of 
 fact, are both judges and jury. Nay, 
 more, some of you must also feel your- 
 selves identified with my accuser. That 
 
88 
 
 misrepresentation, personal animosity, 
 and a variety of collateral causes, may 
 have, perhaps, prejudiced your minds, 
 I can but fear ; for, when I look around 
 me, I perceive but too many faces un- 
 known to me and my fellow-townsmen*, 
 and introduced into the grave and solemn 
 situation in which they now stand, by 
 the very individual, who, I hesitate not 
 
 * Mr. Muller, who was elected a capital burgess on 
 Saturday, the 4th of January, is a lieutenant in the 
 navy, at this time employed at the signal station of 
 Aldcburgh, and the particular friend of Mr. C. F. 
 Crespigny. This forms his whole connexion with 
 Aide burgh. 
 
 Of Mr. Kensington and Mr. Jones, who were 
 elected and sworn into the office of capital burgesses 
 five minutes before they voted, that the accusation 
 brought forward by Mr. Lovett should be recorded, I 
 can say nothing ; for of them, I, in common with the 
 inhabitants of Aldeburgh, know nothing, but that 
 they were introduced by Mr. C. F. Crespigny, who 
 appears to consider them as his confidential sup- 
 porters. 
 
 89 
 
 to affirm, has conspired with my ao-; 
 cuser, to amove me from an office, the 
 duties of which I feel to have fulfilled. 
 But, Gentlemen, whatever may have 
 been your previous feelings, yet, upon 
 the present occasion, I feel confident, 
 that, consulting your duty and ponder- 
 ing upon that solemn and sacred oath 
 which some of yon have so recently 
 taken, and of the breach of which I am so 
 unjustly accused, you will, as honest and 
 enlightened Englishmen, do justice* in 
 the case. Gentlemen, I shall conclude 
 this defence in the memorable words of 
 an illustrious character, accused before 
 the highest tribunal of this country,— 
 " In judging my honour^ do not forget 
 your awn^ 
 
 Mr. Lovett was now heard in reply; 
 the principal points of which have been 
 
J 
 
 90 
 
 already noticed in the several notes 
 added to this defence. 
 
 Mr. Recorder then laid down the law 
 of the corporation, as also stated in the 
 notes, and proceeded to sum up the par- 
 ticulars of the charge; for, as to the 
 defence, he did not deign to notice one 
 single argument that it contained, except 
 that, alluding to the length of time that 
 had elapsed since the commission of the 
 alleged offence. 
 
 The court proceeded to the question 
 of guilty or not guilty of misbehaving 
 myself in my office of capital burgess, 
 which was carried in the affirmative, as 
 was also the question of amoval, by the 
 votes of the following persons ; viz. 
 Messrs. P. and C. Crespigny, Toker, 
 Neeve, Muller, Kensington, and Jones. 
 
 Mr. Long did not vote upon either 
 question; Sir John Keene, Stafford S. 
 Baxter, Esq. and William de Crespigny, 
 Esq. were absent. 
 
 »Hp 
 
 91 
 
 Thus finished the business of the morn- 
 ing : and it must now remain with the 
 freemen at large of the borough of Alde- 
 burgh, and my own particular friends, to 
 whom I make this appeal, to decide, 
 whether or not sufficient cause was shown 
 by me why I should not be amoved from 
 my office of capital burgess. 
 
 V 
 
 ♦ The second charge, upon which it was intended 
 to deprive me of my freedom, was abandoned, as being 
 wholly untenable and unsupported. 
 
 FINIS, 
 
 J. MOYES, PRINTER, 
 OrcvUle Street, Hatton Garden, London. 
 
ERRATA. 
 
 Page 17, Mue 6,/(W condition, read conditions. 
 
 41, note, — 7, ~ any other, any of them. 
 
 42, note, — 3, — capital, inferior. 
 
 58, — 9, — this, their. 
 
 60, — 20, — 6, 8. 
 
 ,_^„. 70, — 17, — the semicolon, subititute a comma. 
 
 P. S. On the 6th of February, whilst this 
 Appeal was in the press, the Court of King's 
 Bench refused an application for a rule to show 
 cause why an information, in the nature of a 
 quo warranto^ should not be filed, calling upon 
 the present bailiffs of the borough of Aldeburgh 
 lo show by what authority they exercised that 
 office, upon the opinion of Lord Ellenborough, 
 " that the swearing in before the last bailiffs 
 was a good swearing in ." This determination 
 seems to disturb the doctrine laid down in the 
 case of the King against Harper, 5 East. 
 
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