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authority_n	bishop_n	church_n	diocese_n	2,662	5	10.6930	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A02679	The excommunication published by the L. archbishop of Dublin Thomas Flemming aliàs Barnwell friar of the Order of S. Francis, against the inhabitants of the diocesse of Dublin, for hearing the masses of Peter Caddell D. of Divinity, and Paul Harris priests, is proved not onely injust, but of no validity, and consequently binding to no obedience. In which treatise is also discovered that impious plot and policy of the aforesaid archbishop and his friars in supplanting the pastors and priests of the clergy, thereby to bring all into the hands of the friars, of whose disorders and foule abuses (especially in this kingdome) something is noted. The second edition, enlarged. By me Paul Harris priest.	Harris, Paul, 1573-1635?; Caddell, Peter. aut; Fleming, Thomas, 1593-1666. aut	1633 (1633)	STC 12810; ESTC S116899	71,181	112

but powerfull to revenge all disobedience c. For which cause Excommunication the first sharpest of all the censures is called Mucro Episcopi the Bishops sword Now if the Bishop will say with S. Peter Ecce d●o gladij behold two swords It must be knowne from whom hee hath that other his owne being spirituall and it is acknowledged by Divines that hee borroweth it from the civill Magistrate from Princes Temporall Governours who as good children of the Church were enduced to grant this temporall assistance onely in some cases unto the Pastor for the better government of his flocke in his Spirituall regiment And so it came to passe that prisons were allowed unto Bishops wherein not only to detaine but also to chastise Herètickes Simonists Blasphemers prophaners of the Sacraments vow breakers contemners of the fasts of the Church Holy-dayes violators of Ecclesiasticall censures and the like as also for faults not of so bad a note to inflict pecuniary mulcts fines at their discretion yet wee finde not that Bishops or Prelats who besides their spirituall jurisdictiō are not temporall Princes either in whole or in part doe corporally punish either theft or murders or treasons or rapes or blood-shed with infinite other offences which are dayly committed in all common-wealthes So never doe we finde by any record or register of any Ecclesiasticall court That in these Kingdomes either with cause or without cause it was permitted by the Church unto Archbishops or Bishops or ever did they exercise the paine of banishment either out of their Provinces or Diocesses It being a power meerely temporall and Regall never committed unto them no more then punishments of death losse of lim forfeyture of house land c. Nay if it be law which Sir Edward Cooke reports in his comment upon Littleton lib. 2. cap. Villinage sect 200. No subject may be banished out of the Kingdome but by Parliament authority for what cause or crime soever Shall then our Archbishop who borrowes his temporall power jurisdiction from the King assume the like authority But to this it will be said That the Archbishop onely exiles out of his Diocesse or at the most out of his Province not out of the whole land To which I answere but in case the foure Archbishops of this Kingdome should agree as within these sixe yeeres three of them at one time were gray Fryars to banish a man each one out of his Province is he not then banished the whole Kingdome of Ireland and with lesse difficulty might this be done in England where wee have only two Provinces two Archbishops Canterbury and Yorke And I trow it is no hard matter for two to agree But that which is most strange not to be believed were it not that it was done in the hearing of many witnesses in this Citty of Dublin against parties living and who at this day remaine in this Citty albeit I spare to name them I say so it was will be justified that this present Archbishop Friat Thomas Flemming aliàs Barnwell did by sentence banish out of his Diocesse men of the Clergy commanding them under Censures within 15. dayes to depart the same being demanded wherein they had offended or what they had committed deserving such punishment He answered that he knew no hurt by them but that he had no use of them slbeit verily he had use enough of them had he bin pleased to make use of them for they were of the most learned men of his Diocesse And whom a vertuous Prelat would have esteemed as his own eyes much lesse have banished But so the times are that learning vertue and good breeding are so farre from being stayres to honour and preferment as nothing can sooner with this Ordinary work his disgrace his dejection utter over-throw well then the Archbishop stands stiffe in this doctrine That he can ad nutum ad libitum banish any Priest out of his district which doctrine were it true what man I pray you would take upon him the vocation of a Clergy-man or of a Secular Priest knowing that ever after he must be a perpetuall slave to humour his Ordinary or else not to live in the Church for what one Bishop can doe another may doe And a Priest by this meanes may be banished out of all Christendome when as a Miller or a Baker or a Porter will aske never a Bishop in the land leave ro dwell in his Diocesse So much do our sacred Orders help us as rather they help to undoe us Say is not this to dominari in Clerum to tyrannize over the Clergy Is not this to encroach upon Regall authority Is not this to confound all lawes both of Church Common-wealth Wherefore for my part I allow very well of that Priest my deare friend Countrey-ma● who being commanded above two yeares agoe by the aforesaid Tho. Flemming alias Barnwell to depart his Diocesse alledging no cause against him He answered My Lord I will not banish you the Diocesse neither shall you me for so long as the King the State are pleased to permit me I will heere injoy the foure Elements if any give me ●piece of bread or a nights lodging I will take it be thankfull for the same so saying me thought he spake as my self would have done in the like case Neither by this do I intend to deny Exile to be a canonicall punishment but not used either by Ecclesiasticall or Civill Magistrates in these Kingdomes nor yet any-where else without some great haynous off●●ce 16. q. 1. Probirum 17. q. 4. Attendendum 24. q. 1. Qui contra And now I will conclude this point with the conclusion of that Speech which my self lately made in a publick audience as followeth Let me also signifie unto you That none of you presume or seek to maintaine Tho. Flemming aliâs Barnwell Archb. a Friar of the Order of S. Francis in his late usurped authority of Exile or banishment where in he takes upon him only at his pleasure at his will omni indictâ causâ to banish and throw out of his Diocesse any person whatsoever either of the Clergy or Laity which doctrin he hath both publickly taught as also of late practised on divers persons to the great disturbance both of the Church Common-wealth It being a meere usurpation contrary unto the Canons and the ancient statutes of this Kingdome And therfore it concernes us all as good subjects to maintaine our King in his Right against all innovation whatsoever for in so doing we shall fulfill the commaund will of our Saviour saying Give ●to Caesar what belongs ●●to Caesar unto God what is Gods And so not doubting but you will alwayes remaine as obedient children of the Church so loyall subjects unto ●is Majesty I give you all my benediction CAP. IIII. Of certaine most dangerous Heresies or rather Blasphemies of late preached and

THE EXCOMMVNICATION Published by the L. Archbishop of Dublin Thomas Flemming aliàs Barnwell Friar of the Order of S. Francis against the Inhabitants of the Diocesse of Dublin for hearing the Masses of Peter Caddell D. of Divinity and Paul Harris Priests is proved not onely injust but of no validity and consequently binding to no obedience Jn which Treatise is also discovered that impious plot and policy of the aforesaid Archbishop and his Friars in supplanting the Pastors and Priests of the Clergy thereby to bring all into the hands of the Friars of whose disorders and foule abuses especially in this Kingdome something is noted The second Edition enlarged By me PAUL HARRIS Priest IOHN 7. 51. Doth our Law condemne a man before he be first heard and knowne what he hath done Printed MDCXXXIII To the judicious Reader EST tempus cacendi tempus loquendi Eccles 3. There is a time of silence and a time of speaking Eight moneths of silence have now passed since the following Censure was published in which space as well Priests as people have expected a redresse of so great wrongs But since so long a time hath not wrought that effect which was dayly looked for we thought it full time to expect no further time but rather to breake off so prejudiciall a silence and better late then never to manifest unto the world as well the insufficiency of that sentence as the innocency of the censured and if it bee possible to undeceive such as are possessed of the contrary Our delay in this affaire I confesse hath bred us this Inconvenience That the contrary opinion being so long sucked in hath so seasoned the Potts as hardly now will they smell of any other liquor Three sorts of Readers and so the most I doe exclude from this discourse 1. First such as are carelesse how the matter passeth among us 2. Secondly such as are obstinate in the contrary opinion 3. Thirdly such as are not capable of reason when they see it layde downe Onely to the fourth anll the fewest sort of Readers is this Apology addressed I say for their onely sakes who are willing to have satisfaction and are capable thereof If any bee offended That this our Apology or Defence of our Innocency is published and made common to many Let them consider that so was the Archbishops Censure And that to many moe then into whose hands these writings can come For wee are perswaded none will take the like paines to publish them unto hundreds and thousands as the Excommunication was thorough all the Oratoryes of Dublin 〈◊〉 well by the Parish Priests as so many Orders of F●iars yea republished againe and againe from time to time le●t happily it might grow out of remembrance with the people If any doe except That this our Answer is in the English tongue Let them consider that so was the Censure They both speake one language But you will say That this is made common both to Catholickes and Protestants whereas the Excommunication was onely communicated unto Catholickes I say in this also they are alike For as a matter made publicke among the Protestants can not be concealed from the Catholickes no more can any thing published among the Catholickes be kept from the Protestants Neither can any man of understanding conceive how it can f●ll out otherwise If matters heerein layde downe be very fowle and odi●us against the Archbishop and his Friars and sound very harsh in mens eares Oh then thinke how farre worse it was for them to be the Authors thereof vnlesse we bee arrived at those times of which Cassidorus speaketh or rather prophesieth That the dayes shall be and such times come as it shall be a farre more odious and dangerous matter to reprove injustice and to reprehend vice then to commit the same Experience whereof we have had in our late Appeale Wee the Appellants having received of the injudicious and partiall multitude more rebuke then they who were the Authors of all those injuries greivances of which and of whom we made complaint unto lawfull Superiours But as the world commends many whom God condemnes and of the contrary So I doubt not but many who are justified upon the benches of the multitude shall 〈◊〉 be found in the Magistrates la●●full Tribunalls The thing that we demaund is justice we call for Instice we cry for Iustice and with our clamours will we fill both the Heavens and the eares of all lawfull Superiours on earth Thoughts have voyces sufficient for the Heavens words and writings are necessary for the earth by which if we doe not prevaile in our principall intent of attaining Iustice yet at least in opening our innocency venting of our greifes wee shall give s●●e ease unto our minds For so saith S. Gregory Si illatas molestias lingua dicat à conscientia dolor emanat vulnera enim clausa plus cruciant Hom. 6. If the tongue doe utter sustained wrongs greife passeth from the mind For wounds shut up doe more torment Let then that text of the Prophet be verified of us In omnem terram exivit sonus eorum c. Psal 18. Their sound is gone forth thorough all the earth and their words to the utter most bounds thereof yea in the name of God say I Audiat has nostras cleri populique querelas Et Tagus Ganges gens etiam Antipodum Let the world witnesse our complaints above and under As far as Tagus sandes and Ganges lye asunder ¶ Heere followeth the Excommunication published by the commaund of Thomas Flemming aliàs Barnwell L. Archbishop of Dublin and Friar of the Order of S. Francis thorough all the Chappell 's and Oratoryes of Dublin the 6. of March COnsidering the obstinate disobedience and continuall insolency without hope of amendment of Paul Harris notwithstanding that he hath bin born● withall this long time past As also the like disobedience of Doctor Peter Caddell to the great scandall dis●dification of many Catholickes of this Diocesse and to no small dishonour of the Pastorall function and authority and to the end that at length the current of their scandalous proceedings may have a stop and not alwayes goe forward without correction After mature consideration of their proceedings being thereby forced to performe my duty for the good of the soules of this my Diocesse I have thought expedient to forbid and heereby I doe forbid all the Inhabitants of this Diocesse under paine of Excommunication ipso facto to be incurred to be present or to heare the Masses of Paul Harris and of Doctour Peter Cadell and withall from the date of this present I doe recall and take away from them all power and Iurisdiction of hearing confessions or ministring or doing any act or acts of the pastorall function whatsoever within the district of this Diocesse and heereby likewise I doe annull and make voyde all absolutions henceforward by them given in this Diocesse and doe commaund henceforward all Catholiques upon their

he hath no jurisdiction or power over him Yet by the Friars good leave the Inferiour may examine may question discusse the judgment sentence of his Superiour both in his own other mens cases yea if the Inferiour or Subject doe finde either by his owne learning or by help of such as are seen in the knowledge profession of the Lawes that a subordinat Prelat such as be all Archbishops Bishops who are as equally subject to the Canons as the poorest Priest have not proceeded according to the lawes of holy Church the Constitutions of the See Apostolick the Decrees of generall Councels the sacred Canons received of force in all Tribunals but that such Iudges whether Archbishops or Bishops have gone astray contrary to the rules prescribed by the above-mentioned Legislatours all which are their superiours in jurisdiction as farre above them in power authority as the common people are inferiour unto their immediat Prelats Pastours It is plaine that in such case neither Priest nor People is bound either in law or conscience to obey any such Archbishop or Bishop or their sentence not grounded founded on that law according to which they precisely were bound to judge For saith B. Aug. Ser. 6. de Verbis Domini Vbi duo superiores mandant opposita Inferiori non est obediendum where two Superiours command opposite things the Inferiour is not to be obeyed And S. Gregory Pope Imperiali constitutione sancitum est ut ea quae contra l●ges fiunt non solùm inutilia sed etiam pro insectis habenda si●t It is enacted by Imperiall constitution that the things which are done against law are not only unprofitable but to be esteemed as not done at all Gregor in Regesto lib. 7. Epist 7. and inserted in the Canon 25. q. 2. Imperiali How idlely then or rather ignorantly or rather maliciously doe our Friars teach the people that as confidently as if it were a point of their Catechisme that none may examine the doctrine of the Archbishop or his sentences as if he were a god who neither could erre in judgment or sin in will when as the law saith plainly Non debet is poenam sustinere canonicam in cujus damnatione non est prolata sententia canonica 11. q. 3. He ought not to suffer a canonicall punishment in whose condemnation a canonicall sentence is not pronounced plainly thereby supposing that the Prelat may abuse the Keyes erre in his censures And the glosse upon the same cap. saith Si ergo constet tibi quod sententia Iudicis est iniqua potes Iudicis violentis resistere If it appeareth unto thee that the sentence of the Iudge be unjust thou art not bound to obey his violence Which is also confirmed Extra de Appellationibus cap. Significaverunt And the Angelicall Doctour S. Thomas whose authority is such as it is confessed yea confirmed by the gravest judgment in the Church of God that he never taught any error in Divinity hath this Conclusion 2. 2. q. 104. art 5. Subditi in ijs rantummodo superioribus suio obedire tenentur in quibus ipsi suis superioribus subijciuntur in quibus ipsi superiores sublimioris potestatis praecepto non adversantur Inferiours in such things alone are bound to obey their Superiours in which they are subject unto their Superiors wherein those their Supe●iours go not against the precept and commaund of a power higher then is theirs And in the corps of the aforesaid Conclusion he ●lustrateth the same doctrine out of S. Aug. ser 6. de verbis Domini by example of the Captain the Proco●●● the Generall and God Where neither the Captaine against the command of the proco●sull nor the Proconsull against the Precept of the Generall nor the Generall against the command of God is to be obeyed by the Subje●t Infinite are the Authors both ancient moderne which might in this case be produced if it were necessary But how can it be necessary so to doe when Experience teacheth us we see dayly before our eyes in all Tribunals as well Ecclesiast call as Civill sentences upon better consideration at the instance and motions of the partyes their learned Councell somtimes reexamined somtimes reversed sometimes appealed from to higher Tribunals and there corrected For it fareth not in Christian Common-wealth much lesse in the Church of God which is ruled by just wholsome lawes as it doth among Turks Insidels barbarous brutish nations where there is no other law but the will or rather the appetite of the Commander And I would aske our Friars growne so violent imperious rather through their multitu●e then their learning To what end doth the law allow Appelles from the ●entence of Inferiour Iudges whether they be Ecclesiasticall or Civill unto the supreme in case it were not lawfull for the partyes sentenced to examine their sentence according unto the rules of law whether being justly condemned they should so rest thēselves contented or finding it otherwise to seek their remedy I would also aske our Friars in case Iudges Magistrates could not erre to what end Almighty God so often so seriously should exhort all Iudges Magistrates Rulers of the people to the administration of Iustice not to look after rewards but to tender the case of the Widow Stranger Orphan menacing so many heavy threats curses upon the heads of such as pervert Iudgment Vae qui dicitis malum bonum ponentes teuebras lucem lucem tenebras Vae qui justificatis impium pro muneribus justitiam justi aufertis ab eo Esay 5. Woe be to you who call evill good placing darknes light and light darknes Woe be to you who justifie the wicked for rewards and rob the just man of his Iustice I would also demaund of our Friars To what purpose are so many bookes of the Canon Civill Common and Statute Law written wherefore so many Studies and Colledges of the lawes founded and erected witnesse Paris Orleance Bo●ognia Padua Salamanca and our Innes of Court of London and thorough all Christian Common wealthes but to teach both Iudge Advocate Client rectum discernere iniquo to distinguish betwixt right and wrong that Church or Commonwealth ever best governed where the fewest cases are left unto the brest of the Iudge alwayes preferring the silent before the speaking law as lesse subject to errour and corruption Let then our Fryars cease henceforward to teach that barbarous doctrine ambulantem in tenebris I say that corner or rather taverne doctrine which every Tradesman Kitchen-maide and three-footed old trot have hourely in their mouthes rammed into their heads by their false teachers That the Bishop is to be obeyed in right and wrong that no inferiour unto him may examine or call in question his Censures Decrees or Iudgments but rather let them learne that better lesson of the Orator Amor odium

people So much for his learning As for his life he both hath beene at this day is held in the Church for a Saint no lesse then S. Patrick and S. Columbe yea that his canonization was proposed and intreated of in the Popes Consistory Friar Luke Wadding doth testifie at this day living in Rome which canonization hath hit herto not happened unto any of the Irish besides S. Malachias Archbishop of the aforesaid seat of Armagh and S. La●●ence of Dublin Of whose sanctity the common people by ancient tradition doe cha●●● this Distich Many a 〈◊〉 have I gone and many did I 〈◊〉 But never saw a holier man then Richard of D●●d●●ke Notwithstanding because ●●is Pri●at of Armagh commonly called S. Richard of Dundalk albeit his surname was Ralph did much oppose himself unto the disorders of Mendicants he by Genebrard as also Alpho●sus de Castro is branded with heresie but Card. Bellarm. more learned the●●either of thē gives him no such note And albeit Friar Platus the Ignatian thogh by some it is rather held to be the Work of his General Claudius Aquaviva in his Treatise De bono scatu religionis lib. 1. cap. 33. writeth that the aforesaid Ricardus Armachanus before Pope Innocentius 6 his Cardinals at Auignion did spue out many things against the state of the begging Friars not long after dyed Yet is it manifest by that very same Oration which then he made that he spake not at all against the institute of any religious order but only that he inveighed against their manifold relaxations corruptions abuses neither did he dye soone after for he lived three whole yeares after he uttered the same left behind him a greater fame both of learning sanctity then either Platus or Aquaviva or any other of his adversaryes hitherto have done Armachanus made that Oration by Trithemius testimony de scriptoribus ecclesiasticis 1357. upon the 8. day of November deceased in the Papall Court of Avignion 1360. 17. Calend. Decemb. So Henricus Marlesburgensis in Chronico to which the Irish Annals do agree And so much of this Author his testimony as touching the Avarice of the Mendicant Orders in his time But alas why should I looke behind me unto the times of yore will not these our dayes this poore countrey yeeld us palpable examples of the Covetousnes of Friars not to speak of their other vices Somthing I have spoken before of their two ploughes of Begging Cap. 1. the one by retayle the other by grosse Now I wil speak a word or two of other 2 ploughs of theirs no lesse working then the former The first of their Novices which they receive into their Order The second of their cord habit c. And first for the men Novices It is well knowne that the Friar will admit of none among them but such as either bring them in good portions or else such as they guesse will prove 〈◊〉 out Beggars to recompence in their industry what they are wanting in meanes So as what patrimony a father would leave his son either upon his preferment or at his death that the Friar will have he will not abate a smulkin If the Father stumble at it he shall be terryfied with matter of conscience as Is not God Almighty worthy to have as much as the world c. or else with the authority of the Bishop of the Diocesse especially if that Bishop be a Friar And doe the Father what he can he shall both part with his Son his mony As for their vowed Nunnes they bring with them 700. or 500. at the lowest rate 300. or 200. 50. pounds sterling yet if they live in such pennance austerity as the Friars perswade us surely they cannot spend by the powle omnibus vijs modis 10. pounds per annum And yet notwithstanding all these marriage goods for so they call them those virgins have their agents who begge in the country for them to bring them in almes for it is a rule with our Nunnes as well as with the Friars Want or want not begge they must besides what gifts the friends of those so rich maides so well descended doe dayly present them withall Now if a maide who is poore hath no portion or meanes at all should offer her selfe unto their Nunneryes were she as devout as Anna the daughter of Phanuel of whom it is said that she never departed from the Temple serving God night day in prayer fasting Luke 2. were she as chast as Susanna ●●y had she the Virginity of S. Vrsula and all her eleven thousand Virgins yet should she be put backe from the gate of the Monastery as one of the 5. foolish Virgins with nescio vos I know you not Another plough of our Mendicants I will not say the last for they better know then I how many they have is the cord or the Scapulare or the Girdle or the Breads of S. Nicolas or the Rofary as also the habite of their Orders which brings no small profit unto them For by such indulgences graces and pardons annexed unto them there is procured unto the Mendicants infinite calmes and perpetuall Benefactours For the people generally whether thorough their ignorance or misteaching I know not seeme much more at this day to stand in feare of Purgatory then of hell it selfe And they are perswaded that these things together with their almes unto the Friar will save them from the flames of Purgatory So as who among them now is so hard hearted as in his life time is not girt with a Cord or 〈◊〉 their deathes is not buried in a Friars habit which habit if of your selfe you shall have no devotion to desire the Friar will take occasion to visite you in your sickenesse although it be but 5. minutes before you decease he will offer you to be buried in his habit If you thanke him it is enough it is taken for acceptation albeit you say neither yea nor no. On goes the habit so soone as the life hath left you so you are exposed till buriall that all your neighbours may behold you The great devotion of the party unto the order whose habite he tooke is much advanced his salvation is no whit doubted of c. Now you must conceive by all meanes that this habit is given you gratis that is of free cost for else it were Simony but yet I trust the friends of the party are not so unmannerly but by all recknings be ended they might as cheape have bought a piece of frize of an hundred yards You know what Martiall saith Pauperum dona hami sunt Cum dant tum maxime petunt Poore mens gifts are hookes when they give then most of all they crave who poorer then the Friar though little pinched with want For they know well to distinguish inter pauper tatem indigentiam twixt poverty want the first indeed they professe