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 purpose supposed) we therefore, being desirous (as it the following Letter was directed to the Lord is fit we should) to be satisfied therein, 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 inform vids and Exeter, sir Henry Hobart, knight, Chief Justice of the Common Pleas, Mr. Justice Doddridge, of B. R. sir Henry Martin Dean of the Arches, and Mr. Dr. Steward, or any six of them, whereof the Lord Keeper (then bishop of Lincoln elect) the bishop of London, Winton, and St. David's elect, to be four.

It is not unknown unto you what hap'pened this last summer unfortunately to our right trusty, and our right well beloved counsellor the Lord Archbishop of Canterbury, who shooting at a deer with a cross bow in Bramzil Park, did with that shoot casually give the keeper a wound whereof he died, which accident, though it might have happened to any other inan, yet because his ' eminent rank and function in the Church bath (as we are informed) ministered occasion

but is subject to misfortunes and casualties, they declared positively that he was not to fall from his dignity or function, but should still remain a regular, and in statu quo prius. During this debate, he petitioned the king that he might be permitted to retire to his alms-house at Guildford where he was born, to pass the remainder of his life; but he is now come to be again rectus in curiu, absolutely quitted, and restored to all things: but for the wife of him who was killed, it was no misfortune to her, for he hath endowed herself, and her children | with such an estate, that they say her husband could never have got."

us concerning the nature of the ease: and do therefore require you to take it presently into your consideration, and the scandal that may have risen thereupon, and to certify us, what in your judgments the same way amount unto, |'either to an irregularity or otherwise, and lastly what means may be found to redress 'the same (if need be) of all which points, we 'shall expect to hear your reports with what diligence, and expedition, you possibly may. 'Dated at Theobalds, S Oct. 1621.'

To this Letter the bishops and others to whom the consideration of the Archbishop's Case was referred, returned their Answer in these words:

May it please your majesty; Whereas we received a command from your majesty under your royal siguet, to deliver our opinions unto your majesty, whether an irregularity or scandal might arise by this unfortunate act, which God permitted to come to pass by the hand ' of the most reverend Father in God, the Lord Archbishop of Canterbury, shooting in a 'cross-bow at a deer in Bramzil Park: as also of the cure and remedy of the same irregularity. For the first; Whether any irregula rity be contracted by this act, in the person of my Lord Archbishop or not? No greater part of our number could assent or agree, because the Canons and Decrees themselves ‹ are so general, and so ready to entertain distinctions and limitations, the doctors and glosses so differing, inferences and disputes so peculiar to every man's conceit and apprehen sion, authorities of canonists and casuists, ↑ Heylin and bishop Hacket both give a so opposite in this very case in hand, that we letter (which is also in the Cabala, p. 55.) ex- <could not return unto your majesty any unapressing his opinion, that Abbot by this mis-nimous resolution or opision in the same. chance, bad become irregular and incurred forfeiture, and his desired hope that the king would shew him mercy.

No two of the authors cited relate the accident in the same way.

For the serand; Whether any scandal may arise out of this act? We are of opinion a scandal may be taken by the weak at home, It is clsewhere stated “quorum unum Me- and the malicious abroad, though 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 'said 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 ofjesty, either immediately under the great Lincoln, Dr. John Davenant to that of Salis-seal, or (which most of us in all humility rebury, Dr. Valentine Cary to that of Exeter, and his old antagonist Dr. Wm. Laud, whose preferment on this occasion he had warmly opposed, to that of St. David's; and all except Dr. Davenant scrupled the archbishop's capacity to lay hands on them till he was cleared from all imputation as to this fact. It seems not unlikely that this scrupulosity arose from a cautious apprehension, that the validity of their consecrations might afterwards be questioned if performed by a metropolitan who was irregular, or to whom any imputation or suspicion of irregularity might be reproached.

present unto your majesty) by the hands of 'some clergyman delegated by your majesty for that purpose, or what other way your majesty shall be pleased to extend that favour, but withal we are of opinion that it is most fitting for the said reverend father, both in regard of his person, and the honour of the church, to sue unto your most gracious majesty for the said Dispensation in majorum cautelam si qua forte sit irregularitas. All which, craving pardon for our weakness, we do in all hum bleness submit to the decision of your majesty's most profound and incomparable wisdom,"

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Now

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 busielect; Valen. Exon. elect; Henr. Hobart, Jo. ness or recreation, and took 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 the 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 of Bath and Wells, Ely and Chichester, impowering them or any six of them, of which the bishops of Lincoln, London, Winchester and Norwich were to be of the quorum, to dispense with any irregularity, in case the late accident had drawn any such blemish or imputation upon the Archbishop. By this Instrument the canons, in case there was need, were over-ruled and dispensed with, the force of Abbot's character is revived, and he is fully restored to the exercises of his function. This is a wonderful relief from the crown; and supposes a patriarchal at least, if not a papal authority vested in the king. The Record lays the death of the Keeper upon his own rashness and want of care, makes the hoinicide perfectly casual, that the Archbishop was in no degree to blame for the misfortune: and that this requesting his majesty for a dispensation was only ad cautelam ex superabundanti. And that the reader may better remark how far the dispensation reaches, he may please to observe, that irregularity lays the sacerdotal powers as it were asleep, forfeits all preferments, and makes the person incapable of any for the future.

To return: Besides the favourable report of the Archbishop's case in the commission, there was a learned Apologyt drawn up for him. The author proves hunting for health allowed clergymen. This point he makes good from several authorities, and disables some objections from the canon law. From hence he advances to prove that casual homicide sticks no blemish,

the canon de clerico venatore, cited in the De-
cretum against the Archbishop, bas a mark of
censure and unauthentickness put upon it by
Gratian: he brings the gloss for evidence, that
whereas this canon is cited out of the 4th Coun-
cil of Orleans, there is no such thing there to
be found. Thirdly, the pretended canon is le-
velled only against clamosa venatio, but quieta
or modesta is allowed by the canonists.
this latter was the recreation in which the mis-
fortune happened at Bramzil, as may be seen in
the dispensing instrument. The Apologist rein-
forces his argument by observing that by $5 H.
8. cap. 16, no canon is in force in England,
which clashes with the laws and statutes of this
realm or the prerogative royal; and that the
canon urged against Abbot is of this nature. For
by Charta de Foresta, archbishops and bishops
have express liberty to hunt; and that from is
R. 2, cap. 13, it follows by necessary implica
tion, that a clergyman who has 104. per annum
or upwards, may keep greyhounds or hounds to
hunt. And to mention nothing farther from
him, he argues, that Lindwood who was very
well skilled in the English ecclesiastical consti-
tutions, condemns only the excesses of hunting
in clergymen, and the undue application of that
liberty, but does no where pronounce it as ab-
solutely unlawful for their profession: After this
he gives several instances of bishops who have
used this diversion without censure or imputa-
tion.

old law, that a bishop when dying is to leave his pack of dogs (called muta canum, i. e. muit de chienst) to the king's free use and disposal.'

And, lastly, the famous sir Edward Coke, 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 in- 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) to-the realm, by this very token, that there is an wards the protection of Abbot, to two motives, 1st, an unwillingness too rigidly to construe the canons, lest afterwards a rigid construction of Those canons might hurt himself or his brethren. 2d, An apprehension that if Abbot should be deprived Williams would succeed him, who Andrews thought would make a dangerous head of the church. In other respects all the historians agree that Andrews was no friend to Abbot. Of sir Henry Martin, Heylin says that he had received his offices and preferments from Abbot, and so was bound by gratitude to maintain his cause. He farther observes that it required not the gift of prophecy to foretel that Williams would be a dangerous head to the church. He was in 1641 the contriver of the injudicious and mischievous protestation of the bishops, and of their secession from parlia

ment.

+ This Apology and the Answer to it are inserted at the end of this Case.

To this Apology there is an Answer returned, as it is said by sir Henry Spelman, but this discourse looks strained, and discovers something of a prosecuting humour, and I cannot help saying it falls short of that strength and candour customary to this learned gentleman, and therefore, being a posthumous work, I would willingly believe some part of it at least was the work of another hand.

But, notwithstanding the Archbishop's recreation, and his precaution against misfortune, was defensible, yet his being excused the forms of

Lord Coke 3 Inst. cap. 73. p. 309. All canons against the laws or customs of the realm are void and of none effect.

+ See Acc. Sd. Inst. 308, 339; and the very ancient authorities there cited.

law, and not brought to a trial for this casual
homicide, was something remarkable. His be-
ing thus screened from customary prosecution,
is, I suppose, owing to the protection of the
Dispensation above mentioned.

AN APOLOGY for Archbishop Abbott;
touching the Death of Peter Hawkins the
Keeper, wounded in the Park at Bramsil,
July 24, 1621.

cuivis potest; although of all others, the priest should be most wary, what he attempt and how.

3. There is no text in the Old Testament which directly distinguisheth the priest from other men, in case of blood; but there are examples (which may not be applyed to evil, for that were to pervert them) resolving one scruple which is made. As Moses was no priest, yet he gave down the law; and he consecrated 1. Ir 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 Egyptian. The 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 shake, 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. Jehoiada 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 rejoice, 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 off the ear of Malcerning his calling as well as his person, not chus. Josephus the Jew, of the seed 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 times. 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, blood, is not ex jure divino, but ex jure positivo; To all which may be added, the interpretation Pontificio scil. vel Canonico, or Ecclesiastico, of it by 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 calltion of law may be put upon him, although helding, which cometh so near God, and attendeth for no great delinquent; besides the providing for a widow and four fatherless children. All which may pierce a heart that is not senseless; and day and night yield him matter enough of troubled meditations.

at his altar.

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4. See then in the ecclesiastical law, what grace is afforded to him, who against his will, hath casually been the death of another. There is in the decretals, a title De Homicidio Volun2. And yet, lest he that intended no ill tario vel Casuali: 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 human 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. Lator: Cap. Dilectis filiis: Cap. facil reatum; and where those concur not, Ex Litteris: Cap. Ex Litteris tuæ: Cap. Jomisdemeanours are properly contra nullum hannes: where the Rubrick is, 'Homicidium 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 him (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 humanum 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 him to school in what manner, or And the gloss thereupon hath; Nota, quod by what person he will have it performed. And homicidium casu commissum, culpa non præDeuteronom. xix. 6, 10. God putting the casecedente non est imputandum. And, Sibi of the man slain by the iron of his neighbour's 'imputari non debet, quia fortuitos casus, qui ax slipping off, appointeth 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 prævideni not worthy of death: and again, that innoxiusnon possit.' Aud upon this the stream of the sanguis, innocent blood be not shed in the Canonists do run, as by a multitude of books land. Where we may collect, that such cases may be shewed: with whom our Bracton, a are foreseen and ordered by God himself; and great civilian and common lawyer too; Homithat no calling, no not that of the priest, is free cidium casuale non imputatur.' from that which God will have accomplished; since he must communem hominum subire sortem. Homo sum, humani nihil me alienum puto. And, Quod cuique contingere potest,

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5. The two heads whereto the law looketh, freeing a man from blaine, and expressly from irregularity, are; that the person by whom the action is performed, do not dare operam rei

7. But some go directly to the point, and say, that the lord archbishop did navare operam rei illicita, because he was on hunting; for that was interdicted to a bishop by the canon De Clerico Venatore; and so by a consequent he must needs be irregular. To which objec-gyfte used in Hartlebury-park while he lived at tion, see how many clear and true answers there be. As first that the canon being taken out of the decrees, is by Gratian himself branded to be palea, no better than chaff. Secondly, it is cited out of the fourth council

though he never shot well. And the same is credibly reported of the lord arch-bishop Sandes. And it is most true, that the deans and chapter of Winchester use it as they please in their franchise. To say nothing of Dr. Rennal, whose hounds were long famous throughout all England; and yet he was by profession a canonist; and knew well what induced irre-out of the world, and that the priests of the gularity.