“What would have been said, what believed, if this had been an accident to the bones in question? Farther, my Lord, it is not yet out of living memory, that a little distance from Knaresborough in a field, part of the manor of the worthy and patriot baronet, who does that borough the honor to represent it in Parliament, were found in digging for gravel, not one human skeleton only, but five or six, deposited side by side, with each an urn placed at its head, as your Lordship knows was usual in ancient interments. About the same time, in another field, almost close to this borough, was discovered also, in searching for gravel, another human skeleton; but the piety of the same worthy gentleman ordered both pits to be filled up again, commendably, unwilling to disturb the dead. Is the invention of these bones forgotten, then, or industriously concealed, that the discovery of those in question may appear the more singular and extraordinary? whereas, in fact, there is nothing extraordinary in it. My Lord, almost every place conceals such remains. In fields, in hills, in highway sides, in commons, lie frequent and unsuspected bones. And our present allotments for rest for the departed is but of some centuries.

“Another particular seems not to claim a little of your Lordship’s notice, and that of the gentlemen of the jury, which is that perhaps no example occurs of more than one skeleton being found in one cell; and in the cell in question was found but one, agreeable in this to the peculiarity of every other known cell in Britain. Not the invention of one skeleton, but of two, would have appeared suspicious and uncommon. But it seems another skeleton has been discovered by some labourer, which was full as confidently asserted to be Clarke’s as this. My Lord, must some of the living, if it promotes some interest, be made answerable for all the bones which earth has concealed and chance exposed? and might not a place where bones lay, be mentioned by a person by chance, as well as found by a labourer by chance? or is it more criminal accidentally to name where bones lie, than accidentally to find where they lie? Here too is a human skull produced, which is fractured; but was this the cause, or was it the consequence of death? was it owing to violence, or was it the effect of natural decay? if it was violence, was that violence before or after death? My Lord, in May 1732 the remains of William Lord Archbishop of this province, were taken up by permission, in this cathedral, and the bones of the skull were broken, yet certainly he died by no violence offered to him alive, that could occasion that fracture there. Let it be considered, my Lord, that upon the dissolution of religious houses, and the commencement of the reformation, the ravages of those times affected both the living and the dead. In search after imaginary treasures, coffins were broken up, graves and vaults dug open, monuments ransacked, and shrines demolished; and it ceased about the beginning of the reign of Queen Elizabeth. I entreat your Lordship, suffer not the violence, the depredations, and the iniquities of those times to be imputed to this. Moreover, what gentleman here is ignorant that Knaresborough had a castle, which though now a ruin, was once considerable both for its strength and garrison? All know it was vigorously besieged by the arms of Parliament, at which siege in sallies, conflicts, flights, pursuits, many fell in the places round it, and where they fell were buried, for every place, my Lord, is burial earth in war; and many questionless of these, rest yet unknown, whose bones futurity shall discover. I hope, with all imaginable submission, that what has been said will not be thought impertinent to this indictment; and that it will be farther from the wisdom, the learning, and the integrity of this place, to impute to the living, what fury in its zeal may have done; what nature may have taken off and piety interred; or what war alone may have destroyed, alone deposited. As to the circumstances that have been raked together I have nothing to observe, but that all circumstances whatever are precarious, and have been but too frequently found lamentably fallible; even the strongest have failed. They may rise to the utmost degree of probability, yet they are but probability still. Why need I name to your Lordship the two Harrisons recorded by Dr. Howel, who both suffered upon circumstances, because of the sudden disappearance of their lodger, who was in credit, had contracted debts, borrowed money, and went off unseen, and returned a great many years after their execution? Why name the intricate affair of Jaques du Moulin under King Charles 2d, related by a gentleman who was counsel for the crown? and why the unhappy Coleman who suffered innocent, though convicted upon positive evidence, and whose children perished for want, because the world uncharitably believed the father guilty? Why mention the perjury of Smith, incautiously admitted king’s evidence, who to screen himself equally accused Faircloth and Loveday of the murder of Dun, the first of whom in 1749 was executed at Winchester, and Loveday was about to suffer at Reading, had not Smith been proved perjured to the satisfaction of the court, by the Surgeon of Gosport hospital. Now, my Lord, having endeavoured to shew that the whole of this process is altogether repugnant to every part of my life, that it is inconsistent with my condition of health about that time, that no rational inference can be drawn, that a person is dead who suddenly disappears, that hermitages were the constant repositories of the bones of the recluse, that the revolutions in religion or the fortune of war, has mangled or buried the dead; the conclusion remains perhaps no less reasonably than impatiently wished for. I at last, after a year’s confinement equal to either fortune, put myself upon the candour, the justice, and the humanity of your Lordship, and upon yours, my countrymen, gentlemen of the jury.”

FINIS.

LONDON:

Printed by W. Phillips, George Yard, Lombard St.

PUBLICATIONS
BY WILLIAM PHILLIPS,
George Yard, Lombard Street, London.

PHARMACOLOGIA; comprehending the Art of Prescribing upon fixed and scientific principles; together with the History of Medicinal Substances. By J. A. Paris, M.D. F.R.S. F.L.S. Fellow of the Royal College of Physicians of London; Honorary Member of the Board of Agriculture; Fellow of the Philosophical Society of Cambridge; and of the Royal Medical Society of Edinburgh; and late Senior Physician to the Westminster Hospital, &c. &c. &c. Fifth edit. enlarged, Price 1l. 5s. 2 vols. 8vo.

RESEARCHES into the LAWS and PHENOMENA of PESTILENCE; including a Medical Sketch of the Plague of London in 1665, and Remarks on Quarantine, with an Appendix; containing Extracts and Observations relative to the Plagues of Malta, Morocco, Noya, and Corfu; being the subject of the Anniversary Oration delivered before the Medical Society of London, in the Spring of 1820, and published at their request.—By T. Hancock, M.D. Licentiate of the Royal College of Physicians, and Physician to the City and Finsbury Dispensaries. 8s. boards.

The PARENT’S MEDICAL and SURGICAL ASSISTANT; intended for the Use of the Heads of Families, Parochial Clergymen, and others, affording familiar and popular Directions for the Management of the Sudden Illnesses and various Accidents that require a prompt and judicious Treatment, and will not admit of the delay necessary for procuring regular Advice.—By Thomas Ayre Bromhead, M.B. Christ’s College, Cambridge. Price 4s. in boards.