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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

of the See Apostolicke Obedience Obedience But if on the contrary by reason of my just complaint made against them by the Bishops Preats of the Clergy any restraint or limitation of their power be made or diminutiō of their greatnes which may but eclipse the smallest glimpse of their accustomed splendor then shall such Apostolicall letters be viewed reviewed they shall be searched weighed pondered they shall be construed glossed interpreted yea every point and iota shall be examined pryed into if happily by any meanes they may be avoyded But if no such flaw can be found in them then forsooth they were obtayned by sinister wrong information so subject unto obreption or else their Generalls have not signified them so no reckoning to be made of them Example where of wee have lately seene in the Bull of the Revocation of Facultyes And now since that againe in the Inhibition De non admittendis Novitijs in Hibernia I say then since the time that our Fryars began to give their habit to take in Probationers in the Kingdome which before in much fewer numbers were bred for them beyond seas they are increased to such a height as they are become not onely terrible unto the Bishops Clergy but whosoever shall oppose them shall find of what power they are of And this may well be understood if wee doe but observe what Inwardnesse or rather I may call it a kinde of Kinred alliance they have contracted not onely with the common people but with them also of best note and ranke by drawing unto them this sonne that Daughter this brother that sister this uncle that aunt this Nephew that Niece this Kinsman that Apprentice So as they are become farie more deare neere unto the Inhabitants then were ever in times past Fosters or Gossips So as by their owne multitudes this intaylemente of their Devotoes they are now able in two houres to make the worthy est man either of our Clergy or Laity within the Citty of Dublin or where else they reigne as odious and hatefull unto the people as any Malefactour whatsoever What shall I say of that hereditary disease of lying which raignes among our Mendicants by which they compasse their ends prevayle marveilously in their designments yea beyond all expectation I call lying an hereditary disease among Fryars For that Thomas Walsingham sometimes a Cistertian Monke of S. Albons a most pious and a learned man among other writers most renowned in the Chronicle of such English Kings whose lives he writ observed committed the same to posterity That it was a good argument in his dayes in every mans mouth Tenens tum de for●●a quam de matonia Hic est frater Ergo m●ndax ficat illud Hoc est album Ergo ●oloratum As much to say It was in those times a very good reason to say such a one is a Fryar therefore a Lyar. Even as to say This thing is white and therefore hath a colour This testimony of Walfinghams shal you find in the life of Richard the second of which author who lived in the raigne of Henry the sixt Iohn Leland in his booke De illustribus 〈◊〉 scriptoribus writeth of him That he was in perscrutandis antiquitatib●s diligens in conscribendis historijs industrius in searching out of antiquities diligent in writing of histories industrious And Doctor Iohn Pits a moderne writer in his booke de illustribus Anglia script●●ibus gives him this praise Quòd vir erat qui ita pietatem coluit ut bonas literas intereà non negligeret 〈◊〉 compilavit historias tanta fide ut verax semper habitus sit That he was a man who so loved piety that he neglected not good letters that he compiled many historyes with that faithfulnesse that he ever was held a true Writer Well then what this true writer hath left recorded of Fryars untruthes and lea●ings in his dayes I am sure the Fryars of our times will make good being nothing degenerate or inferiour unto their predecessours in this winde witnesse this kingdome but especially the Citty of Dublin where by their lying backbiting detraction they have purchased more beliefe especially among the vulgar then he that comes with the gospell of S. Iohn in his mouth For whensoever a Fryar is disposed by lying and back●iting to take away the good name of a Priest or any other man whosoever hee presently be takes himselfe unto his begging vocation which is a sufficient colour to bring him to any mans house and so very dextrously he can stop two shards with one bush for hee can both begge and slander at one time For say his principall busines that which he cheifly intends is to defame to backbite his neighbour yet his begging shall bee the stalking horse unto that foule businesse so as the detraction shall onely seeme to come by way of discourse communication accidentally And this advantage hath the Friar of all men in the world who say they were malitiously minded intended never so much evill against their neighbour yet are they to seeke of an occasion an excuse to bring them to this that bodies house whereby they might vent the poyson malice of their hearts of which pretext by reason of his begging the Friar is ever provided and therefore in flandering backbiting defaming whensoever it pleaseth the Friar to be so wicked as I said before he hath the advantage of all men upon earth In confideration whereof I lesse muvaile at the speech of a certaine Gentleman who in a familiar discourse said that he had rather have the displeasure of any Nobleman in the country then of the meanest Fryar of any order being asked the reason thereof he answered he would keepe that to himselfe And whence may we thinke all these lyes tales with which this country more of late then ever heeretofore is abused I say from what fountaine by all probability doe they descend but from these Fryar limitours who passing from parish to parish from house to house are lurking and scouting in every corner For albeit I confesse the needy beggar is also commonly a lyar yet neither hath he the wit or the boldnesse to vent such lewd repo●ts neither if he did is there any so light of beliefe is to give credit unto him No no it is not the wanting beggar that sits at the gate with a messe of broth and a piece of bread in his hand who bruiteth all these lyes and slanderous detractions of this that party whom they disaffect but it is the wanton beggar who sits above the salt because he hath a better coat upon his back authorized by his profession which in this kingdome is made too often a Pandor to wicked abuses And I am the rather induced so to thinke for that in this City of Dublin we never yet found any lye or wicked slander

viri sanctissimi eos esse ideo voluerunt ut pro dicenda veritate non haberent quod amittere formidarent sed jam possessionatis invidentes procerum crimina approbantes commune vulgus in errore f●ventes utrorumque peccata comedentes pro possessionibus acquirendis qui possessionibus renunciaverant pro pecu●ijs congregandis qui in paupertate perseverare juraverunt dicunt bonum malum malum bonum seducentes principes adulationibus plebem mendacijs utrosqu● secum in dev●um pertrahentes in tant●m etenim illam veritatis professionem suam perversè vivendo maculârunt u● in diebus istis in ore cujustibet bonum sit argumentum tenens ta●de formâ quam de ma●eriâ Hic est frater Ergo m●ndax Sicut illud Hoc est album Ergo coloratum Sed ne videamur livore scripsisse praesentia fate●●ur nos omnes in culpâ emendemus in melius quae scienter peccavimus Deum pacis dilectionis deprecemur attenti●s ut f●at pax veritas in diebus nostris Tho. Walsinghamus in regno Ricardi 2. fol. 266. The same in English It seemeth also unto me the wicked times not onely imputed to those but generally to the sins of all the Inhabitants of the earth including the Orders of the Begging Friars to heap up the causes of these mischiefes who unmindfull of their profession have forgot to what end their Orders were instituted because their legislatours instituters most holy men would therefore have them poore altogether free from the possessions of temporall things that for speaking of the truth they might not have any thing which they might feare to loose But now while they envy such as have possessions approving the faults of great men nourishing the common people in error eating the sins of them both in seeking of possessions who have renounced possessions in hoarding up of money who have sworne to persevere in poverty they call good evill evill good seducing Princes with flattery the people with lyes drawing both of them with themselves astray they have in such sort stayned that their profession of truth by their unhappy living that in these dayes in every ones mouth it is a good argument holding as well in forme as matter This fellow is a Friar Therfore a Liar Even as that This thing is white therfore hath a color But that we may not be thought to have written these thigns of malice let all of us acknowledge our selves to be in fault and let us amend what willingly we have done amisse beseech the God of peace love more devoutly that peace truth may be in our dayes So that holy Monke Tho. Walfingham in the raigne of Richard the 2. fol. 266. He died in the yeare 1440. But because as our Saviour saith In ore duorum 〈◊〉 trium testium stat omne verbum Math. 18. in the mouth of two or three witnesses every word is confirmed made good Hark also gentle Reader what AEneas Silvius who after was Pope called Pius 2. left written to posterity in commentario de rebu● à se gestis of the Avarice of the Mendicants his words are as follow Religiosos ●o●●unquam vidimus quos Mendieantes appellant Auricontemptores videri volunt dum vivendi finem fecissent magnum peculium reliquîsse è quibus unum nouimus qui a●r● nummum septem dece● miilia veteri muro incluserat quae paulatim mendicando plorandoque intervetusas ingenio subtili corraserat We have sometimes scene the Religious whom they call Begging Friars would seeme to be contemners of Gold at their deaths to have left great riches of which sort we have knowne one who had hid 17. thousand pieces of gold shut up in an old wall which by begging weeping amog old wives by his crafty withe had scratched together Of this Author Card. Bell. ● in his Book de Scriptoribus Ecclesiasticis saith that he was vir doctus prudens a learned a wise man dyed in the same age with Walsingham about the yeate of our Lord 1460. What shall I say of Armachanus otherwise called S. Richard of Dundalk that holy Bishop of Armagh Primat of all Ireland who in his book called Defensorium Curatorum did discover lay open before Pope Innocentius 6. his Cardinals at A●ignion in France their notorious vices of Ambition Disobedience Pride Covetousnesse Lecbery the like which book of that famous Prelat worthy to be written in letters of gold I wonder that to this day it hath not found an English Interpretour Among others of their vices declaring their covetousnes and greedines in begging he hath these words I am enim istis temporibus non poterit magnus out mediocris in cl●●o populo vix cib●m sumere ubi tales fuerint mena●●cantes c. For now in these dayes no man neither great nor little among the Clergy can scarcely take his meat where these beggers shall he not asking at the doore after the maner of poore people ●●bly an almes as S. Francis commanded them in his will Testament taught them to begg but comming into the houses boldly without shame there guesting thēselves albeit not invited they eat drink such as they find neverthelesse carry with them by extorting either Corne or meale or loaves or flesh or cheeses albeit in the house there be no mo● the● two neither shall any body be able to deny them unlesse he abandon all naturall shame I wonder they stand not in awe of Pope Gregory his sentence who in a certain priviledge published thus writes unto the Prelats of the Church For that oftentimes vices do secretly enter under the shew of vertues the angell of Satan doth oftentimes transforme himself into an angell of light we command you by authority of these presents That if any confessing themselves to be of the Order of the aforesaid Friars shall preach in your parts converting themselves to the lucre of mony wherby it shall happen the religion of those who professe poverty to be defamed you apprehend them as counterfeits and condemne them So Armachanus a native of this country borne in Dundalke where also now in S. Nicholas Church his bones rest being translated from Avignion in France where he dyed An. 1360 whose singular learning his Workes this day doe declare Besides the testimony of Trithomius in his Book de scriptoribus ecclesiasticis in these words Ricardus Archiepiscopus Armachanus Primas Hiberniae vir in divinis Scripturis eruditus secularis philosophiae jurisque canonici non ignarus ing●nio 〈◊〉 sermone scholasticus in declamandis sermonibus ad po●●lum excellentis industriae Richard Archbishop of Armagh Primat of all Ireland a man learned in the holy Scriptures and not ignorant of secular Philosophy of the Canon Law of a singular wit a schooleman in speaking of excellent industry in making of sermons unto the

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

the aforesaid printed Appeale I answere That there is nothing therein published unto the world which was not publicke before either de Iure or de facto or both as by induction shall appeare when time serves Now to make a thing more publick which is already publick was alwayes held most lawfull In confirmation whereof see these Authors following Cajet opuscuio 31. Respons 9. Lessius de justitia Iure lib. 2. cap. 11. dub 13. num 35. Clavis regia lib 11. cap. 11. num 30. 31. Arragonius de justitia jure q. 62. ●rt 2. Reginaldus lib. 27. cap. 4. num 82. 85. ●●orius 3. parte lib. 13 cap. 7. dubio 8. S●t lib. 4 q. 6. ar 3. And all other Writers If then to make more publick what already is publick be lawfull it skils not whether that publication be written or printed writing or printing being but accidentall to publication If you say But those foule excesses laide unto the charge of the Archbishop ought at least to have bin concealed from the Protestants I answer as in part I have done before in my Epistle unto the Reader That as among us a mixt people the manifest faults excesses of Protestants cannot be concealed from the Catholicks No more is it possible that the manifest faults excesses of our Catholicks can any wise be hidden from the Protestants of which nature quality are those 8. aggrievances which we layde down in our late Appeale Besides who seeth not that it is the delinquents thēselves who first manifest make publick their own disorders by such manifestation they come to be known of others who in their own just defence may make use therof by way of justice to haue the same reformed or corrected how els could it be lawfull to bring any person in question upon crimes in courts Tribunals And how comes it to passe that we have both heard 8● read of Prelats not only excommunicated or suspended but somtimes deposed for Heresie Schisme Simony c. I say If their own faults might not be further published 2. Secondly in defence of Printing our Appeale I say that an Appeale is a juridicall instrument of his owne nature admitting publicity no lesse then all other court pleadings as Bills Answers Orders Sentences Iudgements Executions the like All which processes of publicke courts may be notified through the world either by pen or Presse 3. Thirdly we committed that our Appeale the rather unto the Presse for that we suspected our Ordinary would not accept it at our hands having often before denyed to receive any letter or Petition from such suiters as desired justice of him so de facto it came to passe For first personally in pen hand we presented this selfe same Appeale unto our Ordinary Iune 21. an 1632. who refused to receive it of us Wherefore that it might be sufficiently knowne that we did Appeale from his manifold tyrannies to a higher Tribunall which benefit of the canon for that he both hath doth continually seeke to deprive us of and debarre us of all audience we held it necessary and as by our learned councell we were advised to notifie his manifold and manifest injustice omnibus Chri. fidelibus 4. Fourthly None can Appeale from the court of the Ordinary to a higher Tribunall but of necessity he must lay downe the causes grounds why he declines the judgement of his Ordinary otherwise his Appeale is not onely voyde in law but he is punishable for the same See 2. q. 6. cap. Quicun● cap. emaino de appellationibus in 6. ibi glossam Item Sayrus de eens lib. 12. cap. 17. num 34. with many Doctours by him cited So then those 8. Gravamina layd downe in our Appeale being the causes why we declined his jurisdiction wee could not omit the same 5. Our fift reason is Ad hominem as thus Our Ordinary Thomas Flemming aliàs Barnewell thinking good to prohibit the people our Masses under Excommunication he layes downe for his ground our disobedience continuall insolency without hope of amendment c. as may appeare by the first lines of his censure prefixed unto this work which causes althogh above at large are proved to be meerly his owne inventions yet true or false he made no scruple to publish them in open Auditories assemblies when the greatest concourse of people might be had to our great disgrace shame and infamy as much as in him was If this I say was lawfull for him to do against us in matters so false as we dayly challenge him to the proofe of them may not we doe the like in our just defence in his most notorious crimes to which every day we offer our selves to the tryall and touchstone of proofe before any Tribunall which is pleased to take knowledge thereof 6. Lastly our Archbishops faction dayly writes and prints against us of the Clergy witnesse that infamous Libell called Examen juridicum censurae Parisiensis under the saigned name of Edmundus Vrsulanus not onely scosfing the R. Bishops of France with all the most learned Doctours of Sorbon that famous Vniversity of Paris in most base contumelious language traducing them but also charging five R. Priests of this Irish Nation that by name with lewd aspersions of which himselfe dare neither give his name by which he may be knowne nor shew his head to the justification Nay not sparing to blemish the fame of the most Ill Archbishop of Paris being himselfe as is confessed by his owne faction a Friar Minor but more they neither will nor dare give us of him which libelling Pamphlet of that Friar is in such high estimation with our Archbishop as it is made his only Vade mecum may not we then in defence of our good names print what we are daily provided to justifie firming it with our own proper names by which every houre we may be knowne challenged as we did that our aforesaid Appeale to so many persons as we did communicate the same unto And as I my self the Author of this Book Paul Harris do subscribe my name with mine own hand offering my selfe to the justification of every word syllable therein contained The next worke gentle judicious impartiall Reader which thou mayest expect at my hands is a full refutation of those most impious blasphemous doctrines of the Friars above-mentioned in Cap. 4. As also a compendions Treatise of the 6. Excommunications 2. Exiles 2. Suspensions published inflicted within the compasse of a few weekes by our present Archbishop Tho Flemming aliàs Barnwell with the causes motives subjects of them all And so submitting my self all my writings to the censures of the See Apostolick beseeching Almighty God of his infinit goodnes and mercy to grant us his grace ro live and dye his servants I heere end Qui ve●●●●s mutant ritus legesque refigunt Quas ●●êre Patres nullo compede vivunt Hi sunt qui patriae clero populoque minantur Excidium Tu prisca fides borum agmina vitae FINIS Something being heere omitted accidentally makes the cohaerence not so goo●