« VorigeDoorgaan »
an intimation of their hope that this house will | minious and despiteful terms of Goodman censure him also. Then they proposed a Pro-Palsgrave,' and Goodwife Palsgrave ;' and testation to be entered with the Lords for a termed bin that poor lad;' and scuttingly, mean to accommodate the business between and with great jollity, related a stage play of them.--A Protestation was inmediately drawn the princess running away with two children, up and agreed to, in these words ; “ That tbe the one under one arm, and the other under proceedings lately passed in the House of Com- the other arm, and the third in her belly, and mons, against Edward Floyde, be not at any the Palsgrave following with the cradle. time hereafter drawn or used as a precedent to And for the fourth, Mr. Attorney shewed, the enlarging or diminishing of the lawful rights That one Abdias Cole -going to preach on a or privileges of either house: but that the rights Sunday morning in the Fleei, the said Floyde and privileges of both houses shall remain in called to him, and told hin that Prague is the self-same state and plight as before.” This taken; and the said Abdias Cole answering, Protestation is also entered in the Journals of That is little comfort to me,' Floyde replied, the Commons, without any addition or altera-Nay, now we may freely speak it, for any no. tion by thein.
•bleman has as good right to be king of Wales, Proceedings before the Lords.
as he, meaning the Palsgrave, to be king of
Bobeinia.' May 25. The archbishop of Canterbury, Here Mr. Attorney opened that point of the first of the committee appointed by the House ancient Oath of Allegiance :* Of which oath to take Examinations in the Cause of Edward and the danger to the offender in such case, the Floyde, reported, That they had taken several, said Floyde ( being a lawyer) could not be ignoand were satisfied of the Proof of the Crimes rant and that therefore his offence was greater. objectere against him; and moved the house And Mr. Attorney did further shew, That this that Mr. Aitorney General might read the said Floyde; being a inan of good estate, was a jusExaminations. Accordingly, the Deposition tice of peace in the county of Salop, and for of six persons were read, and then it was or that he was put out of the commission (which dered, That Floyde should be brought to the was affirmed to be true, by Mr. Baron Bromley, bar the next morning, in order to proceed to being this day present). And also that this Judgment against him.
Floyde, having heretofore studied ihe common
laws of this land in the Inner Temple, where The Attorney General's Charge.
he was called to the bar, was put out of that May 26. Edward Floyde being brought to society by the benchers of that house. the bar, Mr. Aitorney charged hiin with notorions Misdemeanors and high Presumption :
Floyde's Answer. viz. 1. For rejoicing at the losses happened to This being said, the Lord Chief Justice dethe king's daughter and her children. 2. For manded of Floyde what Answer he could make discouraging of others, which bear good affec- unto these Misdemeanors, wherewith he was tion unto them. 3. For speaking basely of charged by Mr. Attorney. Floyde thereupon bethem. 4. For taking upon him to judge of the gan with a long discourse, to traduce the persons rights of kingdoms.
of such as had deposed against him; but, being The first, Mr. Attorney shewed, that, in demanded to make a direct Answer to the Dec. last, Floyde, being prisoner in the Fleet, Charge; He said, “I cannot remember that having advertisement that Prague was taken, these Words were ever spoken by me.' did, upon all occasion, shew himself joyful and Whereupon the Clerk read the Depositions glad of that calamity and afflictions which had and Examinations of Letice Harris, Henry happened unto the prince and princess Pala- Pennington, John Broughton, George Haritine, the king's only daughter, and their chil- man, Edward Aldred, Abdias Cole. Which dren.
being read, the L. C. Justice demanded of And for the second, Mr. Attorney shewed, Floyde, whether he spake these Words, 'Goodthat this Floyde, relating unto Henry Penning- man Palsgrave,' and 'Goodwife Palsgrave.' ton this loss of Prague, and the captivity, as he He the said Fioyde said, • I spake not those believed, of the king's son io law, and of the Words in such sort as they are laid down in the king's daughter and her children; and the said said Examinations.'— The L. C. Justice dePennington wishing that bimself, and all the manding of him again, whether he spake those convenient men of this kingdom, were pressed Words, or words to that effect; He ansuered, forth, not to return with their lives, till they | It is but a folly for me to deny them, because bad redeemed her from captivity; he the said so many have proved them.' And afterwards Floyde replied: I am sorry, thou art such a he said, “I will not deny them, because so • fool.' And the said Pennington reproving many have proved them. And he being dehim for saying so, he the said Floyde replied, manded, whether he spake the other words, or • That, if he had been out of his chamber, he ased the insolent behaviour towards the prince I would have struck him.'
and princess Palatine; answered, “I remember And for the third, Mr. Attorney shewed, it not.' That the said Floyde taking occasion to speak The Prisoner being withdrawn ; although the of these matters, did term the prince and princess Palatine, the king's daughter, by the igno
* Sic in Orig.
lords were fully satisfied by these Examinations, I shall be brought to Westminster-hall
, and there and Floyde's Aliswers, yet, for order sake, it was to be set on horse back, with his face to the put to the question, Whether Edward Floyde borse tail, holding the tail in his hand, witin be so guilty of the offences wherewith he is papers on his head and breast, declaring his charged, as that he deserves to be censured ; offence, and so to ride to the pillory in Cheapand agreed unto by all, nem, diss.
side, and there to stand two hours on the pilThe Censure against E. Floyde being pro- lory, and there to be branded with a letter K pounded in this manner: viz, “1. Noi to in his forehead. 3. To be wbipped at a cast's Dear Arms as a gentleman, &c. 2. To ride tail, on the first day of the next term, from the with bis jace to the horses tail, 10 stand on the Fleei, io Westminster-ball
, with papers on bis pillory, and his ears nailed, &c. 3. To be head, declaring his offence, and then to stand whipped at a cart's tail. 4. To be fined at on the pillory there two hours. 4. That be shall 50001. 5. To be perpetually imprisoned in be fined to the king in 50001. 5. That he shall Newgate.” It was put to the question, first, be imprisoned in Newgate, during bis life.” Whether the said Floyde shall be whipped or no, Mem. The clerk signed a warrant to the which some lurus doubted to yield unto, be- Serjeant at Arms, and the Warden of the Fleet, cause he was a gentleinan; yet it was agreed, to see the Sentence executed ; with a clause per plures, that be shall be whipped.—Then it therein, for the sheriffs of London and Middlewas put to the question, Whether Floyde's ears sex, and all other isis majesty's officers to whom shall be nailed to the pillory or no; and agreed, it might appertaib, to be aiding, and assisting per plures, not to be nailed.
unce them. And Mem. That chese Words were
written in the Paper to be on Floyde's head, Sentence of the Lords.
declaring his offence: viz. “ For iguominious Then the form of the Sentence being read," and despiteful Words and malicious and it was put to the question, Whether those Pu « scornful behaviour towards the Prince and nistments therein mentioned shall be inflicted “ princess Palatie, the king's only daughter, on the said Floyde or no; and agreed unto ge " and their children." nerally. And he beivg brought to the bar Cambden tells us, That every part of this again, Mr. Attorney General came to the Sentence was executed on Floyde; but the clerk’s table, and making a short repetition of Lords Jouruals assure us, That some days after Floyde's ottence, prayed the lords to proceed on a motion from the Prince it was ordered, to Judgment against him.
That the punishment of whipping, with all that Whereupon the Lord Chief Justice pro- beiongs to it, to be inflicted upon Edward nounced the Sentence in these words : viz. Floyde, be suspended and forbory, until the
“ The lords spiritual and temporal, consi- pleasure of the house be further known ; the dering of the great Offence of the said Edward best of the punishment to be executed accordFloyde, do award and adjudge : 1. That the ing to the former order. It was also ordered, said Edw. Floyd shall be incapable to bear That, hereafter, when any Censure beyond iinarms as a gentleman; and that he shall be prisonment be agreed on, that judgment thereever held an infamous person, and his testi- upon be not then given, but on another day, or mony not to be taken in any court or cause. sitting, that time may be taken to consider 2. That on Monday next, in the morniny, be thereof.
121. Proceedings against GEORGE ABBOT,* Archbishop of Canter
bury, for the killing of Edward Hawkins, one of the Lord
man's Remains.] THE next summer, (1621,) archbishop Albot | deer with a cross bow, the keeper, coming up being invited by lord Zouch to kill a buck at unwarily too forward, was struck with the arrow his Park at B amzil, in Hampshire, met with a under the left arm, and died about an hour very calamitous accident, for shooting at inafter.f The king informed of this misfortune,
Jaines Howell in a letter to sir Thomas whether upon this fact, whereby he hath shed Savage, Nov. 9, 1622, writes, “Since that sari buman blood, be be not to be deprived of his disus:er which befel Archbishop Abbot, to kill archbishoprick, and pronounced irregular: some the inan by the glancing of an arrow as he was were ngainst him; but bishop Andrews, and sir shooting at a deer (which kind of denth befel Henry Martin, stood stiftly for him, that in reone of our king's once in New Forest) there gard it was no spontaneous act, but a mere haths been a commission awarded to debate contingency, and that there is no degree of men
and apprehensive scandal might be given if the of some doubts, as making the case different matter was passed over, resolved to have the in his person in respect of the scandal, (as is case thoroughly examined. To this purpase supposed) we therefore, being desirous (as it the following Letter was directed to the Lord is fit we should) to be satisfied sherein, and Keeper Williams; the bishops of London, Win reposing especial trust in your learning and chester, Rochester, and the elects of St. Da-judgment, have made choice of you to joform vids and Exeter, sir Ilenry Hobart, knight, us concerning the nature of the ease : and do Chief Justice of the Common Pleas, Mr. Jus 'therefore require you to take it presently into Lice Doddridge, of B. R. Sir Henry Martin your consideration, and the scandal that may Dean of the Arches, and Mr. Dr. Steward, or • bave risen thereupon, and tu certify us, what any six of them, whereof the Lord Keeper (then in your judgments the same day amount unto, bishop of Lincoln elect) the bishop of London, eli ber to an irregularity or otherwise, and Winton, and St. David's eleet, to be four.ll • lastly what means may be found to redress
• It is not unknown unto you what bap 'the same (if need be) of all which points, we . pened this last summer unfortunately to our shall expect to bear your reports with wat
right trusty, and our right well beloved cour diligence, and expedition, you pressibly way. • sellor the Lord Arehbishop of Canterbury, • Dated at Theobalde, s (let. 1621.' • who shooting at a deer with a cross bow in To this Letter the bishops and others to
Bramzil Park, did with that shoot casually wbom the consideration of the Archbisbop's give the keeper a wound whereof he died, Case was referred, returned their Answer 'in • which accident, though it might have bap- these words :
pened to any other inan, yet because his May it please your majesty; Whereas we eminent rank and function in the Church received a command from your majesty under . bath (as we are informed) ministered accasion your royal siguet, to delwer our opinions unto
your ruajesty, w bether an irregularity or scanbut is subject to misfortunes and casualties, dat might arise by this uafortunate act, wbich they declared positively that he was not to fall • God permitied to come to pass by the hand from his dignity or function, but should still re of the most reverend Father in God, the Lord main a regular, and in statu quo prius. Dup • Archbishop of Canterbury, shooting in ing this dehate, he petitioned the king that be • cross-bow at a deer in Bramzil Park : as also might be permitted to retire to his alms-house of the cure and remedy of the game ieregula at Guildford where he was born, to pass the erity. For the first; Whether any irregularemainder of his life; but he is now come to rity be contracted by this act, in the person be again rectus in curiu, absolutely quitted, and of my Lord Archbishop or not? No greater restored to all things : but for the wife of hiin part of our number could assent or ng nee, be. who was killed, it was no misfortune to her,cause the Canons and Decrees themselves for he hath endowed herself, and ber children • are so general, and so ready to entertain dis with such an estate, that they say her busband « linctions and limitations, the doctors and could never have got."
glosses so differing, inferences and disputes so † No two of the authors cited relate the ac • peculiar to every man's conceit and apprebesicident in the sane way.
sion, authorities of canonists and casuists, I fleylin and bishop Hacket both gire a • so opposite in this very case in hand, that we letier (which is also in the Cabala, p. 55.) ex could not return unto your majesty any unapressing his opinion, that Abbot by ibis mis pimous resolution or opinion in the same. chance, bad become irregular and incurred for « For the serond; Wherber any scandal may feiture, and his desired hope that the king ( arise out of this act! We are of opinion a would shew hiw mercy.
scandal may be tabev by the weak at home, # It is elsewhere stried“ quorum unum Me and the malicious abroad, chongh most of us nevensum, &c.” It happened very unluckily, believe there was no scandal given by the as it is expressed in an article in the British (saini right reverend father. For the third ; Museum, that there were four bishops elected • We are all agreed not only that a restitution but not consecrated, viz. Dr. John Williams, or dispensation may be granted by your maLord Keeper of the Great Seal, to the see of jesty, either immediately under the great Lincoln, Dr. John Davevant to that of Salis-seul, or (which most of us in all humility rebury, Dr. Valentine Cary to that of Exeter, present unto your majesty) by the hands of and his old antagonist Dr. Wm. Laud, wbose some clergymn delegated by your majesty for preferment on this occasion be had warmly op that purp ise, or wbat other way your majesty posed, to that of St. David's; and all except shall be pleased to extend that favour, but Dr. Davenant scrupled the arehbishop's capa-withal we are of opinion that it is most fitting city to lay hands on them till he was cleared for the said reverend father, both in regard of from all imputation as, to this fact. I seems bis person, and the honour of the church, to not unlikely that this scrupolosity arose from sue unto your most gracious majesty for the a cautious apprehension, that the validity said Dispensation in mw.jorum cautelam si qua of their consecrations might afterwards beforte sit irregularitas." All which, craving questioned if performed by a metropolitan who pardon for our weakness, we do in all hum was irregular, or to whom any imputation or bleness sulumit to the decision of your majesty's suspicion of irregularity might be reproacked.
found and incomparable wisdom.
Jo. Linc. elect, C. S.; Geo. London.; La. nor incurs any irregularity, where the person • Winton. ; * Jo. Roffens. ; Guil. Menereus. committing it was engaged in no unlawful busi* elect; Valen. Exon.elect; Henr. Hubart, Jo. ness or recreation, and cook all necessary pre . Doddridge, H. Marten, Ny. Stewarde." caution to guard against accidents. That all
The Archbishop governed by this advice, and this might be fairly pleaded in behalf of the applying to the king, his majesty directed a Com- Archbishop, is not only taken for granted in tbe mission to the bishop of Lincoln, lord keeper, Dispensation, but farther made out by this Apoto the bishops of London, Winchester, Nor- logist. For the purpose, he takes notice that wich, Coventry, and Litchfield, to the bishop the canon de clerico venatore, cited in the Deof Bath and Wells, Ely and Chichester, in- cretum against the Archbishop, bas a mark of powering them or any six of them, of which the censure and unauthentickness put upon it by bishops of Lincoln, London, Winchester and Gratian : he brings the gloss for evidence, that Norwich were to be of the quorum, to dispense a hereas this canon is cited out of the 4th Counwith any irregularity, in case the late accident cil of Orleans, there is no such thing there to had drawn any such blemish or imputation upon be found. Thirdly, the pretended canon is lethe Archbishop. By this Instrument the canons, velled only against clamosa venatio, but quieta in case there was need, were over-ruled and disor modesta is allowed by the canonists. Now pensed with, the force of Abbot's character is this latter was the recreation in which the misrevived, and he is fully restored to the exercises fortune happened at Bramzil, as may be seen in of his function. This is a wonderful relief from the dispensing instrument. The Apologist reine the crown; and supposes a patriarchal at least, forces his argument by observing that by S5 H. if not a papal authority vested in the king. The 8. cap. 16, no canon is in force in England, Record lays the death of the Keeper upon his which clashes with the laws and statutes of this owo rashness and want of care, makes ihe ho- realm or the prerogative royal; and that the inicide perfectly casual, that the Archbishop canon urged against Abbot is of this nature. For was in no degree to blame for the misfortune : by Charta de Foresta, archbishops and bishops and that this requesting his majesty for a dis- have express liberty to hunt; and that from is pensation was only ad cautelamer superabundan- R. 2, cap. 13, it follows by necessary implicati. And that the reader may better remark how tion, that a clergyman who has 10l. per annuni far the dispensation reaches, he may please to or upwards, may keep greyhounds or hounds to observe, that irregularity lays the sacerdotal hunt. And to mention nothing farı ber from powers as it were asleep, forfeits all prefer- him, he argues, that Lindwood who was very ments, and makes the person incapable of any well skilled in the English ecclesiastical constifor the future.
tutions, condemns only the excesses of hunting To return : Besides the favourable report of in clergymen, and the undue application of that the Arclibishop's case in the commission, there liberty, but does no where pronounce it as abwas a learned Apologyt drawn up for him. The solutely unlawful for their profession: After this author proves hunting for health allowed clergy- he gives several instances of bishops who have men. This point he makes good from several used this diversion without censure or imputaauthorities, and disables some objections from tion. the canon law. From hence ke advances to And, las:ly, the famous sir Edward Coke, prove that casual homicide sticks no blemish, upon the question being put to him by sir Henry
Saville, Whether a bishop may hunt in a park Heylin, in his life of Laud, ascribes the io. by the laws of the realm? answered affirmatively clination of bishop Andrews (between whom in these words : He may hunt by the laws of and Abbot there had been some disgust) 10- | the realm, by this very token, that there is an wards the protection of Abbot, to two motives, old law, that a bishop when dying is to leave Ist, an unwillingness too rigidly to construe the l' his pack of dogs (called muta canum, i. e. muit canons, lest afterwards a rigid construction of de chienst) to the king's free use and disposal.' those canons might hurt himself or his brethren. To this Apology there is an Ansu er returned, 2d, An apprehension that if Abbot should be as it is said by sir Henry Spelman, but this discieprived Williams would succeed him, who course looks strained, and discovers something Andrews thought would make a dangerous of a prosecuting humour, and I cannot belp sayhead of the church. In other respects all the ing it falls short of that strength and candour historians
agree that Andrews was no friend to customary to this learned gentleman, and there Abbot. Of sir Henry Martin, Heylin says that fore, being a posthumous work, I would willingły he had received his offices and preferments believe some part of it at least was the work of from Abbot, and so was bound by gratitude to another hand. maintain his cause. He farther observes that But, notwithstanding the Archbishop's recreit required not the gift of prophecy to foretel ation, and his precaution against misforiune, was that Williams would be a dangerous head to the defensible, yet his being excused the forms of church. He was in 1641 the contriver of the injudicious and mischievous protestation of the * Lord Coke S Inst. cap. 73. p. 309. All bishops, and of their secession from parlia- canons against the laws or customs of the realm ment.
are void and of none effect. † This Apology and the Answer to it are in + See Acc. Sd. Inst. 308, 339; and the very serted at the end of this Case.
ancient authorities there cited.
law, and not brought to a trial for this casual cuivis potest ; although of all others, the priest homicide, was something remarkable. His be- should be most wary, what he attempt and ing thus screened from customary prosecution, | how. is, I suppose, owing to the proieciion of the 3. There is no text in the Old Testament Dispensation above mentioned.
which directly distinguisheth the priest from
other men, in case of blood ; but there are exAN APOLOGY for Archbishop Abbalt ; amples (which may not be applyed to evil, for
touching the Death of Peter Hawkins the that were to pervert them) resolving one scruKeeper, wounded in the Park at Bramsil, ple which is made. As Moses was no priest, July 24, 16212
yet he gave down the law; and be consecrated 1. İr is certain that in foro conscientia, this Aaron the high-priest, notwithstanding the time case may not only deservedly produce a fear was that he had killed the Ægyptian. Toe and trembling in him who was the accidental. Levites slew 3000 of the Israelites, after the cause thereof; but may justly make the tallest idolatry with the golden calf. Phineas, who cedar in Lebanon to sbake, in recounting with was afterwards the high-priest, slew the Israelhis inward man, what sin it is that hath pro- itish man with the Midianitish woman, and voked God to permit such a rare and unusual was blessed by God for it. Samuel hewed action to fall out by his band : which maketh Agag to pieces. Jeboiada the priest comhim, for the time, to be fabula vulgi, and giv manded Athaliah the usurper to be slain. The eth opportunity to the enemies of religion of Machabees fought for their country: and so took all kinds, to rejuice, to speak their pleasure, to away the lives of many a man.
Paul was confill their books and libels, within the realm, senting to the death of Stephen. Peter, aland perhaps, beyond the seas. And that, con- though rebuked for it, cut oif the ear of Malcerning his calling as well as his person, not cbus. Josephus the Jew, of the sced of the only for the present, but also in future ages; priests, was captain over Judah, and fought beside grief to his friends, and some scandal to divers iimes. Out of all which, I do only make the weak, who do not rightly apprehend things, this collection; that the priest's restraint from but raise questions which few men can resolve. blond, is not ex jure dirino, but ex jure posilido; To all which may be added, the interpretation Pontificio scil. vel Canonico, or Ecclesiastico, of it hy his majesty, graciously or otherwise ; as we call it; out of caution, for purity and and the forfeiture, that in rigorous construc- decency, and good congruity for so holy a callLion of law may be put upon him, although held ing, which cometh so near God, and attendeih for no great delinquent; besides the providing at his altar. for a widow and four fatherless children. All 4. See then in the ecclesiastical law, what which may pierce a heart that is not senseless; grace is afforded to him, who against his will, and day and night yield him matter enough of hath casually been the death of another. There troubled meditations.
is in the decretals, a title De Homicidio Voluna 2. And yet, lest he that intended no illtario vel Casualı : concerning the latter of (much less to that person, a poor man and which, there be many rescripts; which demona stranger to him) should be swallowed up with strateth, that in buman life such things do fresorrow; he is not devoid of some comfort, as quently fall out. In these, there are five chapthat consensus facit peccatum, and voluntas ters, Cap. Latur : Cap. Dilectis filiis : Cap. fácil reatum ; and where those concur not, Ex Litteris : Cap. Ex Liiteris tuæ : Cap. Jomisdemeanours are properly contra nullum hannes : where the Rubrick is, · Homicidiuin decalogi præceptum. And that when God, 'casuale non imputatur ei qui non fuit in culpa :' speaking of such casual death (Exod. 21. 13.) and · Homicidium casuale non imputatur ei useth these words, If a man lie not in wait, qui dedit operam rei licitæ, nec fuit in culpa.' • but God deliver bim (the slain man) into his And there the decision is evermore, that there
hands ; divines collect thereupon, that it is is no irregularity in promovendo,' or ' in pronot hurnanum but à Deo, which no man's provi- moto ad sacros ordines.' dence can absolutely prevent. For what God This is the more to be noted, because it is will have done, shall be; and no creature way not the interpreters, but the body of the law. dare to set biin to school in what manner, or And the gloss thereupon bath; "Noia, quod by what person he will have it performed. And homicidium casu commissum, culpa non præDeuteronom. xix. 6, 10. God putting the case cedente non est imputandun.' 'And, Sibi of the m:in slain by the iron of his neighbour's imputari non debet, quia fortuitos casus, qui ax slipping off, appointeib cities of refuge, lest prævideri non possunt, non prævidit.' And, he should be slain also; who (as he saith) was De casu fortuito nullus tenetur, cum prævideri. not worthy of death : and again, that innoxius non possit.' Aud upon this ihe stream of the sanguis, innocent blood be not shed in the Canonists do run, as by a inuliitude of books land. Where we may collect, that such cases may be shewed : with whom our Bracion, a are foreseen and ordered by God bimself; and great civilian and common lawyer too; • Homithat no calling, no not that of the priest, is free icidiuin casuale non imputatur.' from that which God will have accomplished ; 5. The two heads whereto the law lookoth, since he must communem hominum subire sor- freeing a man from blampe, and expressly from tem. Homo sum, humani nihil à me alienum irregularity, are; that the person by whom the puto. And, Quod cuique contingere potest, action is performca, do not dare operam rei